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(영문) 서울북부지방법원 2015.11.05 2015가합23905
당선무효결정 무효확인의 소
Text

1. The decision to invalidate the election of the tenant representative against the plaintiffs on June 22, 2015 by the election commission under the defendant's jurisdiction is made.

Reasons

1. Facts of recognition;

A. The Plaintiffs are the occupants of the C apartment located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant apartment”), and the Defendant is the council of occupants’ representatives of the instant apartment.

B. The election of the representative of each apartment building of this case was held on May 29, 2015 and May 30, 2015, and was held on May 30, 2015, Plaintiff A and Plaintiff B were elected respectively as Dong 408 Dong dong dong dong dong dong dong 105 Dong dong dong dong

C. On June 2, 2015, at a meeting of the election commission under the jurisdiction of the defendant, the non-merchants filed an objection against the plaintiffs' election, and the election commission under the jurisdiction of the defendant decided the invalidation of the plaintiff Eul's election on the ground that "the plaintiff A made an advance election campaign in connection with the publication of the newsletter, interfered with the election commission's business through the wrong filing of civil petitions by the Gu office, visit, and distribution of false facts, and prepared the malicious comments on the former election management commissioner's writing," and on June 5, 2015, "the plaintiff B visited him/her to make an illegal election campaign during the election campaign period."

On June 22, 2015, the election commission under the defendant's jurisdiction held a meeting to give the plaintiffs an opportunity to vindicate, and confirmed the decision to invalidate the above election.

E. On July 6, 2015, the Plaintiffs asserted that there was a defect in the procedure of filing an objection and the content of the decision on invalidation of the election as of June 22, 2015, and filed the instant lawsuit.

F. On July 8, 2015, the Defendant recognized that there was no ground for invalidation of the election against the Plaintiffs at a regular meeting, and decided to verify the status of the Plaintiffs’ representative, and recognized that there was no ground for invalidation of the election against the Plaintiffs in the instant lawsuit process.

【Ground for recognition】 There is no dispute

2. According to the above facts of recognition, the decision to invalidate the resident representative election against the plaintiffs on June 22, 2015 by the election commission under the defendant's jurisdiction is null and void.

3. In conclusion, the plaintiffs' claims are justified.

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