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(영문) 의정부지방법원 2019.08.14 2018가합56831
당선무효확인 등
Text

1. The Defendant joining the Defendant in the 13th B apartment council chairman election, which was held by the Defendant on July 13, 2018.

Reasons

1. Basic facts

A. B Apartments (hereinafter “the apartment of this case”) are located in D in Yangju-si and are composed of 20 Dongs and 1,732 households.

The Intervenor joining the Defendant, around December 2012 to July 2014, was the 10th chairman of the council of occupants’ representatives, and was acting on behalf of the chairman around August 2014 to June 2016.

B. On June 15, 2018, the Defendant held the election of representatives by buildings. The Plaintiff was elected as the representative of Edong and the Intervenor joining the Defendant as the representative of each building of F Dong (the term of office: from August 1, 2018 to July 31, 2020).

C. Of the regulations of the instant apartment election commission (hereinafter referred to as the “instant election commission regulations”), the contents related to the instant case are as follows.

(1) Where an occupant, etc. of an election, such as the representative, etc. of the relevant multi-family housing, raises an objection on the grounds of publishing false facts concerning degree, academic background, reward, career, criminal records (hereinafter referred to as "career, etc.") among the details of documents, publicity materials, etc. prepared and submitted by a candidate pursuant to this provision, he/she shall do so in writing in attached Form 9 on the relevant multi-family housing line.

(4) Where no evidentiary document is submitted or it is found that it is false, the preference of multi-family housing units shall publicly announce such fact in attached Form 10.

(6) A multi-family housing preference shall be dealt with pursuant to Article 62 to a person who violates paragraph (4).

Article 23 (Methods of Election Campaign) (1) The election campaign team for multi-family housing among the following methods shall be determined by the election campaign team for multi-family housing:

(2) Where the election campaign team of multi-family housing determines the method of election campaign pursuant to paragraph (1), the scope of election campaign, the standard of campaign hours, methods of election campaign, etc. by type of election campaign, shall be determined in detail, and in such cases, the candidate shall be determined.

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