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(영문) 부산지방법원 서부지원 2018.10.18 2017가합778
당선무효확인
Text

1. The decision that the defendant decided D in the election of the representative of each building held on November 25, 2017 was made as the elected person of the 105 Dong building.

Reasons

1. Basic facts

A. The plaintiffs and D are occupants of the Busan Seo-gu C apartment (one "E apartment"; hereinafter "the apartment of this case").

B. On October 26, 2017, the instant apartment election commission announced the election of representatives by Dong with the purport that “The term of office of the existing representatives by Dong of the instant apartment building is expired on December 31, 2017. Therefore, the instant apartment election commission shall be implemented on November 11, 2017 by organizing a constituency by 17 units of the instant apartment building, and one election for which the representatives are selected for each constituency shall be held.”

C. As a result of the registration of the candidate according to the above notification, the candidates were registered in 12 constituency except for five constituencys among the total 17 constituencys. Plaintiffs A and D were candidates for the instant apartment 105 constituency, and Plaintiff B were candidates for the instant apartment 111 constituency.

Since then, among the candidates for the above 105 constituency by drawing up the candidate mark under Article 17(6) of the Rules of the Defendant Election Commission, D was allocated No. 1, and the Plaintiff A was assigned No. 2.

On November 11, 2017, the election of representatives by buildings of this case was implemented, and as a result, in the 111-dong constituency of this case, the representatives by buildings were elected by Plaintiff B as representatives by buildings in the 111-dong constituency of this case, as well as in the 111 constituency of this case, excluding the 105 constituency of 12 constituency of the registration of candidates

However, in the instant apartment district with Plaintiff A and D, only 98 persons who fall short of the majority among all 198 occupants were elected by voting (hereinafter “the first voting”).

E. Accordingly, the instant apartment election commission held a meeting on November 14, 2017 to hold a reelection for five constituency in which no candidate had any candidate, and with respect to the election district in which a representative was not elected because a majority of the occupants did not vote, the candidate registration procedure and marks are applied.

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