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(영문) 서울남부지방법원 2017.06.29 2016가합3141
선거관리위원위촉 무효확인
Text

1. On October 1, 2016, the instant lawsuit filed a request for confirmation of invalidity of appointment of election management members of the I apartment election management commission.

Reasons

The basic facts of the parties are the occupants, etc. of Gangseo-gu Seoul Metropolitan Government I Apartment (hereinafter referred to as the “instant apartment”).

Defendant B is the following:

At the time of the appointment of the instant apartment as indicated in the Paragraph, Defendant C, Defendant D, Defendant E, Defendant F, Defendant G, and Defendant H are the occupants, etc. of the said apartment.

Persons commissioned as election management members, such as the entry in the paragraph.

Defendant B, who is appointed as the election management members of Defendant B, tried to organize an election management committee in order to set up a new council of occupants' representatives before the expiration of the term on October 30, 2016.

Accordingly, pursuant to Article 34 of the Management Rules of Apartment Housing in this case (hereinafter “Management Rules”), the head of the Tong and the senior local council requested the recommendation of the election management members of the head of the Tong and the senior local council. Five passbooks recommended K, six passbooks L, and M (M resigned on January 3, 2017 and N was commissioned as election management members) as election management members.

Defendant B announced the open recruitment of election management members around September 27, 2016 pursuant to Article 34(2) of the Management Rules, and as a result of the above open recruitment, Defendant D, E, Defendant F, Defendant G, and Defendant C were appointed as election management members.

Defendant B shall be commissioned from among the Defendants listed in the aforementioned paragraph (2) around October 1, 2016 as well as Defendant H, M, K, and L as election management members (hereinafter referred to as “instant commission”).

On October 5, 2016, the notice was made.

The Plaintiffs filed a provisional injunction against Defendant C, Defendant D, Defendant E, Defendant F, and Defendant G against the Defendant, Defendant D, Defendant E, Defendant E, Defendant F, and Defendant G for a provisional injunction to suspend the performance of duties. The Seoul Southern District Court was prohibited from performing the duties of the said Defendants until November 9, 2016, and appointedO as an election management member during the period of suspension of duties.

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