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(영문) 창원지방법원 2015.09.10 2015가합717
선거무효확인
Text

1. It is confirmed that the election of the B management and operation chairperson held by the Defendant on February 6, 2015 is invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The status of the parties is an organization consisting of representatives by each floor elected on each floor for the management and revitalization of B (hereinafter “instant shopping mall”) located in the window C of Changwon-si. The Plaintiff is a person who lawfully acquired the right of possession after entering into a lease contract with the sectional owner of the instant shopping mall and entered in the list of “the current status of occupancy and building owners of the instant shopping mall” by registering the occupant in the management entity of the instant shopping mall after obtaining the right of possession.

B. Election of the chairman of the shopping mall management and operation

1. Date, time, and place of a general meeting: A new civil petition center in the 2 p.m. on February 6, 2015;

2. Election day of the chairperson of the steering committee: From 10:0 am on February 6, 2015 to the end of the general meeting.

3. Period of candidate registration: From January 26, 2015 to January 30, 2017.

4. Voting place: A new-month civil petition center after 14: 14 p.m. at the meeting room of the Steering Committee.

5. An elector: An owner or occupant (or an owner, if any, shall prevail).

9. Documents required for registration of candidate;

(a) An application for registration of candidate (at least 20 persons in braille) and an election campaign material;

B. A sectional owner’s registration certificate and lease contract 1) The instant commercial building election commission (hereinafter “election commission”) in the name of the owner of the sectional ownership.

(1) On January 13, 2015, in order to elect the chairman of the instant shopping district management and operation committee, the said election was announced as follows (hereinafter “election of the chairman of the management and operation committee”).

2) The Plaintiff and D, E, F, G, and H were registered as candidate for the instant election within the registration period of the candidate.

3) On February 6, 2015, the Election Commission Regulations (hereinafter “Election Management Regulations”) provides for the instant regulations on the election of commercial buildings (hereinafter “Election Management Regulations”).

E on the ground that the candidate qualification under Article 8(4) is not met, E on the ground that the candidate qualification under Article 8(3) and (4) of the Election Management Regulations falls short of the candidate qualification under Article 8(3) and (4), F on the instant shopping district management rules (hereinafter referred

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