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(영문) 수원지방법원안양지원 2017.09.15 2017가합556
선거 및 당선무효
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a resident of the B Apartment-si apartment (hereinafter "the apartment of this case"), and the defendant is the council of occupants' representatives consisting of representatives of each apartment of this case.

B. The election commission of the instant apartment (hereinafter “the election commission of the instant apartment”) was registered as a candidate for the election of representatives by buildings for the formation of the fourth council of occupants’ representatives of the instant apartment.

Each single candidate filed an application for registration as a candidate in the election district except for the 104-dong (No. 3 constituency; hereinafter referred to as the “instant election district”), and the plaintiff and C filed an application for registration as a candidate in the instant election district.

C. After reserving the Plaintiff’s registration, the Line published the result of the Plaintiff’s registration on April 6, 2017, and indicated “C and the Plaintiff (the withholding of registration)” as to the candidate for the instant constituency.

Since then on April 8, 2017, the election commission accepted the Plaintiff’s registration of candidate, and determined the voting place as to the instant constituency with multiple candidates, and announced the voting place on April 11, 2017 as “104 104 - 104 - 106 - 08:0-21:30 on April 12, 2017.”

E. On April 12, 2017, the election of the representatives by buildings was held. The election of the representatives by buildings was closed at 20:0 p.m. on the instant constituency, but the voting was finished at 20:30 p.m., after the Plaintiff’s voting resumed pursuant to the Plaintiff’s provision, the voting was resumed at 21:3

As a result of the ballot counting of the instant constituency, about 79 (60.3%) out of 131 households were voting, and the Plaintiff (No. 1) obtained 30 votes, and the candidates C (No. 2) obtained 49 votes, and on April 15, 2017, C candidates were determined and announced as the elected.

F. The management rules and election management regulations of the instant apartment related to the instant case (amended by April 20, 2017; hereinafter “instant election management regulations”) are as follows.

[Management Rules] Article 25 (1) When the Chairperson intends to call a meeting, he/she shall do so at least five days before the meeting.

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