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(영문) 대전지방법원 2016.06.24 2015가합105869
동대표 및 회장 당선무효확인소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

The defendant is the council of occupants' representatives comprised of representatives for each Dong of Sejong Special Self-Governing City B apartment (hereinafter referred to as "the apartment of this case"), and the plaintiff is the occupant of this case 521 Dong 2501.

On January 29, 2015, the Defendant: (a) held the instant apartment 521 representative election; (b) held 42 of the total number of voters, 76 of which was elected as a single representative by obtaining 41 votes, and (c) held 521 representative election.

(hereinafter “instant Dong Representative Election”). On March 23, 2015, the Defendant held the election of the chairman of the instant apartment council on March 23, 2015, and 714 of the total number of voters was elected as the chairman of the council of occupants’ representatives by obtaining 568 votes from 1,896 to 568 votes.

(2) On February 1, 2015, in the election of the head of the resident representative council of this case, C reported the summary of “D University social welfare and graduation from D University, and the commission of members of the National Election Commission on February 2, 2015,” with respect to the academic background and career of the head of the resident representative council of this case (hereinafter “the election of the head of the resident representative council of this case”). As a result, C posted campaign posters, etc. on which the contents of the election of the head of the resident representative council of this case are stated.

However, on February 12, 2015, C graduated from the department of management of D University, and on April 2015, C was only commissioned as a member of the E Election Commission under Sejong-si.

On July 24, 2015, the Korean Election Commission discussed the treatment of the entry of the academic background and career, such as the Plaintiff, etc., with respect to the entry of the Plaintiff et al., and the Korean Election Commission made a decision that “this entry does not constitute a matter that affected the result of an election or that it would change the status of the election,” and publicly announced the same on July 28, 2015.

The management rules of the apartment house of this case are less than the management rules.

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