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(영문) 부산지방법원 2015.02.12 2014가합11775
당선무효확인
Text

1. All of the plaintiffs' lawsuits against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiffs were the occupants of the instant apartment complex consisting of 239 households in total, three, and the Plaintiff A resigned after serving as the president of the second council of occupants’ representatives at the instant apartment complex, and the Plaintiff B resigned after serving as the second election management member of the instant apartment complex.

Since then, the election commission with G as the chairman of the election management committee of the apartment of this case constituted a new election commission, and Defendant C was elected as the representative of each Dong by visiting voting on March 26, 2014 and on March 27, 2014, as the representative of each Dong of this case (hereinafter “election of the representative of each Dong of this case”).

After that, on April 7, 2014, Defendant C was elected as the president of the council of occupants' representatives of the apartment of this case, and Defendant D was elected as the auditor of the council of occupants' representatives.

(hereinafter the above election is referred to as the "election of the chairperson and auditor of this case", and the election of the representative of each Dong of this case in combination with the election of the representative of each Dong of this case".

2. Each election of this case asserted by the plaintiffs was held in violation of the principle of confidentiality and other procedural provisions under the management rules of the apartment of this case, and thus, the elected by the representative of each Dong, the chairman of the council of occupants' representatives and the auditor is null and void.

3. Prior to the judgment of the plaintiffs on the legitimacy of the lawsuit of this case, we examine ex officio the legitimacy of the lawsuit of this case.

In a lawsuit seeking confirmation of invalidity of the decision of the elected person following the election of executive officers of an organization, if a lawsuit is filed against an individual elected person, a judgment citing such claim shall be issued.

Even if the judgment cannot be effective to the organization, it is fundamental that the dispute between the parties surrounding the status of the officer assigned as the effect of the decision of the elected person.

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