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(영문) 서울남부지방법원 2017.06.29 2017가합255
동대표회장 당선무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff (Appointed Party).

Reasons

The basic facts are the representatives of the respective buildings of Yangcheon-gu Seoul Metropolitan Government E Apartment (hereinafter referred to as "the apartment of this case"), including the status of the parties to the case and the appointed parties (hereinafter referred to as "Plaintiffs").

Defendant C is the following:

A person who worked as the chairman of the election management committee of the above apartment at the time of the election stated in the subsection, and the defendant D is as follows.

A person elected as the chairperson of the 9th Dong representative of the above apartment as referred to in the paragraph.

On November 30, 2016, the election to elect the chairperson of the Dong representative of the apartment of this case for the 9th apartment of this case was held under the supervision of the election commission of the apartment of this case.

(이하 ‘이 사건 선거’라 한다). 위 선거는 과반수 이상 득표자가 없어 3차에 걸쳐 투표가 실시되었고, 피고 D이 최고득표자(13표 중 7표)로 동대표 회장으로 선출되었다.

[Ground of recognition] The plaintiffs asserted that the election of this case is invalid because there is a procedural defect, such as the absence of dispute, the entry of Eul evidence Nos. 1 and 2, and the purport of the entire pleadings, in collusion with defendant C, who is the chairman of the election management commission, by providing meals to the same representative who is the voting right holder, and neglecting to manage the ballot counting, and thereby neglecting to manage the ballot counting, etc.

However, we examine the interest in the confirmation of the lawsuit of this case ex officio.

In removing the risk of uncertainty through a lawsuit seeking confirmation of relevant legal principles, it is recognized only when receiving a judgment of confirmation against the relevant defendant only is the most effective means. Thus, the defendant in a lawsuit seeking confirmation is likely to cause apprehensions in the legal status of the plaintiff by dispute over the plaintiff's rights or legal relations.

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