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(영문) 인천지방법원부천지원 2016.05.27 2015가합2545
동대표당선무효확인청구
Text

1. On November 11, 2015, the defendant decided C as the elected representative of the Dong 406 representative, among the resolutions of the representative of the Dong 406 representative.

Reasons

1. Basic facts

A. The status of the parties and C are the autonomous management body consisting of the representatives of each building of the above apartment pursuant to the Housing Act and the Enforcement Decree of the same Act.

B. (1) On October 16, 2015, the instant apartment election commission (hereinafter “instant apartment election commission”) published the Defendant’s election schedule and the registration of candidates for representatives for each Dong, etc. around October 22, 2015, including the notice of the notice to the Plaintiff on the instant election commission, and the Plaintiff registered as the candidate for representatives for each Dong, 406 Dong Office around October 22, 2015.

(2) On the other hand, on October 22, 2015, a written application for coal tax prepared in the name of the above 406 tenant was submitted on the front line of the instant election. The summary of the above written application was that “the Plaintiff, along with his spouse D, has a retired security guard who frequently threatened apartment security guards with anti-end and high gender, and is receiving benefits from electricity tax reduction and exemption by transferring the disabled, not a live-in person, into a disguised manner.”

(3) On October 27, 2015, the first election commission held the second election commission meeting around 17:00 on the same day and presented the above written application to the Plaintiff, requiring the Plaintiff to vindicate not later than 16:00 on October 27, 2015, and resolved to make a final decision at the first election commission meeting on October 28, 2015 on the issue of the Plaintiff’s reception as a representative candidate for each building, and on October 23, 2015, the result of the meeting was publicly announced on each of the entrances of the apartment units of this case.

C. (1) On October 28, 2015, the instant election commission held a meeting on October 28, 2015, and decided not to take a question any longer on the Plaintiff’s eligibility as a candidate for each Dong’s representative on the grounds that it is difficult to confirm the part relating to the Plaintiff as indicated in the said written application itself and it is necessary to make a legal judgment.

(2) Subsequent to this, the Line Line of this case around October 30, 2015 around 15:30.

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