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(영문) 의정부지방법원고양지원 2017.08.16 2015가단82781
손해배상(기)
Text

1. The plaintiff's claim against the defendant (appointed party) and the appointed party is all dismissed.

2. The costs of lawsuit shall be individually counted.

Reasons

1. The plaintiff is the council of occupants' representatives of the Yongsan-gu Incheon Metropolitan City apartment complex A (hereinafter "the apartment of this case").

On January 2014, the 3th council of occupants' representatives of the apartment in this case expired, and the election commission of the apartment in this case (the chairman: Defendant G) conducted the election of representatives of the fourth buildings from January 13, 2014 to January 17, 2014.

On February 14, 2014, the above Election Commission reported the members of the Plaintiff’s fourth council of occupants’ representatives (the president, the representative of each Dong, etc.) to the head of Busan-dong (hereinafter “the instant report”).

The office of Japan-dong Office rejected the report on March 4, 2014 on the ground that the above election did not decide on the election management members who were assigned at the time of visiting voting by the representatives of each Dong as a meeting of the election management commission by proceeding a visiting voting without the participation of the election management committee members and violated Article 33 of the Election Commission Regulations.

(hereinafter “instant return disposition”). Around January 2014, the fourth council of occupants’ representatives of the instant apartment building (hereinafter “fourth council of occupants’ representatives”) filed a lawsuit against the head of Gyeonggi-do seeking the revocation of the instant return disposition against the head of the instant Gu. The first instance court dismissed the instant revocation claim on April 21, 2015 on the grounds as follows: (a) the appellate court (Seoul High Court 2015Nu42154; hereinafter “relevant administrative case”) dismissed the appeal on December 10, 2015, and became final and conclusive around that time.

When the plaintiff elected representatives for each Dong, in violation of Article 33(5) of the Election Commission Regulations, the election of representatives for each Dong in the election district of 2,3,9,10,111 without election management members was remarkably infringed on the freedom and fairness of the election. The defendant with the authority to examine the legality of the election procedure has the result of the election regardless of the validity of the election.

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