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(영문) 서울북부지방법원 2016.04.27 2015가합23509
아파트동별대표자 지위확인의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On December 23, 2011, Seongbuk-gu Seoul apartment (hereinafter “instant apartment”) 203 Dong 1902, the Plaintiff was a resident of the instant apartment 203 Dong 1902.

B. On July 29, 2013, the election commission affiliated with the Defendant (hereinafter referred to as the “election commission”) publicly announced that the election to elect 30 representatives for each two-year term of office shall be held between September 25, 2013 and October 1, 2013 (hereinafter referred to as the “instant election”), and in the instant apartment 203 unit, the Plaintiff and the F were registered as a representative candidate for each 11-year unit.

However, the Plaintiff did not attach a certificate of personal seal impression and a certified copy of resident registration while submitting to the election commission the power of attorney in the name of C and D, the owner of the instant apartment No. 203 1902.

C. On October 1, 2013, the Plaintiff acquired 42 marks among 56 voters, and F acquired 14 marks as a result of the ballot counting of the instant election.

On November 20, 2013, the Election Commission announced the registration invalidation of candidates due to lack of registration documents.D.

After that, the election commission held a reelection in the door-to-door voting method (hereinafter “instant reelection”) on the 11st class 203 representative of the instant apartment that caused a vacancy from December 11, 2013 to December 12, 2013, and on December 13, 2013, the election commission held a reelection in the door-to-door election method (hereinafter “instant reelection”), and on December 13, 2013, as a result of the ballot counting of the instant reelection, the number of voters, 35, and 15, who were sole candidates, were elected.

E. On June 5, 2014, the chairman of the Election Commission G, without a resolution of the Committee, publicly announced that “F’s election of the representatives by Dong” was “a decision to invalidate the registration of the Plaintiff, to withdraw the registration invalidation, and to re-election the representatives by Dong 203 apartment buildings.”

On June 18, 2014, the election commission is a meeting with five members, including Vice-Chairperson H, etc.

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