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(영문) 서울중앙지방법원 2018.11.15 2017가합42246
당선무효
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. An incorporated association B (hereinafter “B”) is an incorporated association with the primary purpose of expanding the rights and interests of the elderly and improving the welfare of the elderly, and the defendant is a non-corporate association composed of members who reside in C among the members of the B organization.

B. On July 14, 2017, the Defendant held the 14th president election (hereinafter “instant election”), and the Plaintiff and D applied for the registration of candidate to the election commission of the Defendant. On July 9, 2017, the election commission of the Defendant publicly announced that the Plaintiff and D were registered as candidate.

(hereinafter “instant public notice”). C.

The instant public notice indicated D’s academic background as “the graduation of the Eastern University of Law.” However, on July 12, 2017, the Plaintiff filed an objection with the Defendant’s election commission to request confirmation as to whether the pertinent public notice contains false or false entries in D’s academic background.

According to the plaintiff's above objection, the election commission of the defendant held the meeting on July 13, 2017 at around 9:30 of the election management members at the meeting while seven election management members attend the meeting, and D recognized that the academic background was falsely stated at the meeting above.

The election commission of the defendant decided to send a written corrective notice on D's educational background to the representatives of the defendant who are electors with the consent of all the members present at the above meeting, and to proceed as scheduled for the election of this case.

E. On July 13, 2017, immediately after the above meeting, the Defendant’s election commission sent to the Defendant’s representatives a notice of correction of D’s academic background to “satisfying from the law department of the East and East Korean University of Law” by special grade mail on the day.

F. In the instant election, the Plaintiff obtained 28 votes and D 89 votes respectively, and the Defendant decided D on July 14, 2017, which was the date of the instant election, as the elected person of the branch office (hereinafter “the instant decision on the elected person”).

[Ground of recognition] Unsatisfy, Gap evidence 3, 4, 6, 7,

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