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(영문) 서울동부지방법원 2019.01.17 2018가합101619
당선무효확인
Text

1. On March 20, 2017, the Defendant’s Intervenor’s Intervenor’s election of the chairman at the Defendant’s election of the chairman is invalid.

Reasons

1. Facts of recognition;

A. The defendant is the council of occupants' representatives of Songpa-gu Seoul Metropolitan Government F apartment (hereinafter "the apartment of this case").

The plaintiffs are occupants of the apartment of this case, and plaintiffs A, B, C, and D are representatives of each Dong, and plaintiffs E are the chairperson of the election commission under the defendant's jurisdiction.

B. From March 11, 2017 to March 20, 2017, the Defendant held the Defendant’s five-year election of the chairman (hereinafter “instant election”) for the entire households of the instant apartment, and the Plaintiff B, A, C, and the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) went to the National Assembly for the chairman.

The 1,655 of the voters 6,864 participated in the voting, and the supplementary intervenor acquired 718 votes, 695 votes, 166 votes, 166 votes, and 72 votes respectively, and the supplementary intervenor was elected as the chairperson.

Article 24 (Restriction on and Prohibition of Election Campaign)

5. Disseminating false information for the purpose of influencing the result of an election, or slandering a candidate or his/her family member;

C. The main contents of the defendant's election commission regulations are as follows.

[Reasons for Recognition: Facts without dispute, Gap evidence 1, 2, 5, 13, 21 (including paper numbers; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. The plaintiffs' assertion and judgment

A. Although the supplementary intervenor in the gist of the plaintiffs' assertion did not have the qualification certificate of a foreign attorney, the supplementary intervenor spreads false information by inserting the career of "international law firm in the United States" in the election campaign material, etc. This led to a significant infringement on the freedom and process of the election in this case, and thus, the supplementary intervenor's election in this case is invalid.

B. (1) In a case where there is a reason in contravention of the law in the election procedure, the relevant election becomes null and void solely on the basis of the reason.

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