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(영문) 의정부지방법원 2018.09.12 2018가합51782
입주자대표회의 입후보자등록 자격존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a resident of the B apartment house in South Yangyang-si.

B. The Plaintiff applied for registration as a candidate for the Defendant-affiliated B Election Commission (hereinafter “instant Election Commission”) under the Defendant-affiliated Chapter C (hereinafter “instant Election Commission”). On May 9, 2016, the said Election Commission decided that the Plaintiff was not a candidate for the reason that the Plaintiff is inconsistent with “the State-grade, volunteer spirit, and patriotism, with strong sense of responsibility, and with respect to a person who renders trust from residents,” under Article 2(1) of the Rules on Qualifications for Candidates for this Chapter. The said Election Commission notified the Plaintiff of the fact on May 10, 2016.

2. The registration of a candidate for the election of the representative of the defendant for each Dong, which caused the plaintiff's claim, is scheduled on November 2018. In the event that the plaintiff registers a candidate for the above election, it is clear that the election commission of this case refuses the registration of a candidate for the plaintiff by presenting illegal and unfair reasons, as in the previous registration of a new head of the election, and where the plaintiff files a lawsuit subsequent to the foregoing refusal of the registration of a candidate, the election of the representative of the relevant Dong has already been completed. Therefore, the plaintiff is seeking to verify the existence of the plaintiff'

3. Judgment on the main defense of this case

A. The Defendant’s publication of the recruitment of the candidates for the representative of each building at the end of October 2018 to take place between the end of November 2018 and the beginning of November 2018, the instant lawsuit seeking the confirmation of the existence of the qualifications for the registration of the candidate for each building, which was not yet determined at the end of the several months after the recruitment notice was given, shall be dismissed as it is unlawful.

B. In a lawsuit seeking confirmation, the benefit of confirmation in a lawsuit for confirmation 1 ought to be determined by a confirmation judgment in order to eliminate the Plaintiff’s risk when there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, the Plaintiff’s legal status is at risk.

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