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(영문) 대구지방법원 2016.01.14 2015가합202296
선거무효확인 등
Text

1. Ascertainment that the election of the third chief director held by the defendant is invalid.

2. The cost of the lawsuit is supported by the participation.

Reasons

1. Basic facts

A. The defendant is an incorporated association established with the aim of contributing to the development of E and the activation of the complex. The plaintiff is the defendant's first and second chief director, who was a candidate for the third chief director election held D by the defendant (hereinafter "the election of this case"). The defendant's assistant intervenor is a person whose election was decided to be the chief director in the above election.

B. The election commission affiliated with the Defendant (hereinafter “election commission”) publicly announced the third president election, and registered as a candidate by the Plaintiff, the Intervenor, and the Intervenor, and the G three persons as a candidate as a result of candidate registration. The election campaign period from March 13, 2015 to March 17:00.

3. 24. 24. 24:00

C. In the instant election, 101 electors (11 non-standing executives of 100 representatives) participated in the voting, and as a result of the ballot counting, 101 votes were compiled as follows: (a) the Defendant’s supplementary intervenor 51 votes, Plaintiff 48 votes, and G1 votes (the election commission made invalid votes) and one invalid vote were compiled.

On March 30, 2015, the election commission decided and announced the defendant's assistant intervenor, the largest winner, as the elected person.

However, on April 8, 2015, the Defendant requested the Daegu Metropolitan City to approve the appointment of the president of the Defendant’s assistant intervenor (the Defendant’s president was the Plaintiff at the time of the Defendant’s request for approval because the term of the second president was up to April 24, 2015) and attached an election commission’s opinion to the effect that “the Defendant’s assistant intervenor violated the Rules on the Election of Officers,” and notified the Daegu Metropolitan City to the effect that “the appointment of the president is reserved until the final and conclusive judgment of the court” on April 13, 2015, the Defendant’s assistant intervenor was not appointed as the president up to

E. The main contents of the Defendant’s articles of incorporation, appointment rules of officers, and election management rules are as follows.

[Articles of Incorporation] Article 16 (Election of Officers) (1) The president shall be elected at a general meeting.

(5) Matters necessary for the election of executives and procedures therefor shall be determined by the election of executives.

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