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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On February 14, 2014, the Plaintiff reported to the Defendant (hereinafter “the instant report”) the Plaintiff’s four members (the president, the representative of each Dong, etc.) on February 14, 2014, pursuant to Article 43(3) of the Housing Act, Article 52(3) of the Enforcement Decree of the same Act, and Article 24 of the Enforcement Rule of the same Act, after conducting the election of the representative of each 4th unit from January 13, 2014 to July 17, 2014.
B. The Defendant returned the instant report on March 4, 2014 (hereinafter “instant disposition”) on the ground that the Plaintiff’s four members violated Article 33 of the Election Commission Regulations by going through visiting voting without participating in the election management committee members, and that the election management members assigned at the time of visiting voting was not determined as an election commission meeting.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The plaintiff's assertion
A. In the interpretation of Article 43(3) of the Housing Act, Article 52(3) of the Enforcement Decree of the same Act, and Article 24 of the Enforcement Rule of the same Act, the defendant does not have the right to examine the legality of the election process of members while accepting a report on the formation
B. While the Plaintiff, while holding an election for the representative of each Dong, carried out a visiting voting without an election management member in violation of Article 33 of the Election Commission Regulations, or carried out a visiting voting by a election management member, who is not a member of the election management committee decided through a meeting of the election management commission, the Plaintiff cannot be held to invalidate the said election, solely on the above circumstances, since the free judgment of electors and the fairness of the election is unlikely to be undermined, and the election did not affect
Nevertheless, the defendant has taken the instant disposition on the different premise as above.