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(영문) 서울행정법원 2018.07.20 2018구합2063
(예비)추진위원장 후보자등록 취소
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 January 22, 2018, the Defendant registered as a candidate for the preliminary chairperson of the instant election promotion committee on January 22, 2018, which was before the commencement of the election campaign period, as the Defendant publicly announced the implementation of the C Housing Rebuilding Improvement Project Promotion Committee’s (Reserve Chairperson), and carried out an election campaign by installing a banner stating his name, photograph, etc. within the said zone on February 2, 2018.

B. The instant election was held on February 25, 2018 for the owners of the land, etc. in the above C, and as a result of the ballot counting, B obtained a total of 494 votes (58.25%) and was elected as a preliminary promotion chairperson.

On February 26, 2018, the defendant publicly announced D of Gangnam-gu Seoul Metropolitan Government that B was elected as a preliminary chairperson.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff’s assertion asserts that B, in violation of Article 16(3) of the Seoul Special Metropolitan City Maintenance and Improvement Project Standard Election Management Regulations, the registration of the candidate for the preliminary chairperson of the instant election should be revoked due to its significant violation of the relevant laws and regulations. Thus, the Plaintiff asserts that B,

3. Article 3 of the Administrative Litigation Act prescribes only three types of litigation seeking revocation of an administrative agency’s illegal disposition, etc., seeking confirmation of validity of an administrative agency’s disposition, etc., or seeking confirmation of illegality of omission, seeking confirmation of an administrative agency’s illegal disposition, etc., and illegality of omission, seeking confirmation of illegality of omission, seeking confirmation of an administrative agency’s illegal disposition, etc., as an appeal litigation.

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