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민사소송법 사례연습

민사소송법 사례연습

  • 김용진
  • |
  • 충남대학교출판문화원
  • |
  • 2018-12-31 출간
  • |
  • 511페이지
  • |
  • 172 X 240 X 32mm / 893g
  • |
  • ISBN 9788975990090
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35,000원

즉시할인가

33,950

배송비

무료배송

(제주/도서산간 배송 추가비용:3,000원)

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33,950

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목차

제 1 장 채권의 (가)압류와 양도
제1절 논점의 정리 ······················································································· 12
I. 채권에 대한 압류와 채권의 양도 ··················································· 12
II. 소송상 쟁점 ················································································· 14
III. 채권에 대한 강제집행 ·································································· 18
제2절 학습과제 ···························································································· 21
제3절 과제해설 ···························································································· 30

제 2 장 부동산소유권이전등기청구권에 대한 가압류 vs. 부동산에 대한 가압류?유치권
제1절 논점의 정리 ······················································································· 50
I. 부동산 소유권이전등기청구권에 대한 가압류와 가등기 ·················· 50
II. 부동산 강제집행 관련 쟁점 ··························································· 52
제2절 학습과제 ···························································································· 56
제3절 과제해설 ···························································································· 63

제 3 장 통상의 민사법원 및 재심법원의 관할
제1절 논점의 정리 ······················································································· 82
I. 국제재판관할 ················································································· 82
II. 국내관할의 기본원칙 ···································································· 84
III. 재심의 소의 관할 ········································································· 88
제2절 학습과제 ···························································································· 93
제3절 과제해설 ·························································································· 102

제 4 장 채권자대위 vs. 채권자취소
제1절 논점의 정리 ····················································································· 126
I. 소송법상 차이 ·············································································· 126
II. 집행법적 쟁점 ············································································· 130
제2절 학습과제 ·························································································· 134
제3절 과제해설 ·························································································· 143

제 5 장 일부청구
제1절 논점의 정리 ····················································································· 164
I. 일부청구와 처분권주의 ································································· 164
II. 일부청구와 잔부청구 ··································································· 165
III. 일부청구와 추가청구 ·································································· 168
제2절 학습과제 ·························································································· 170
제3절 과제해설 ·························································································· 179

제 6 장 소송상 상계
제1절 논점의 정리 ····················································································· 198
I. 소송상 상계의 실체법적 측면 ························································ 198
II. 소송상 상계의 소송법적 측면 ······················································ 200
III. 실체적 효과와 소송적 효과 사이의 괴리와 그 융합 ····················· 203
제2절 학습과제 ·························································································· 205
제3절 과제해설 ·························································································· 213

제 7 장 민사소송에서 당사자와 소송대리인의 지위
제1절 논점의 정리 ····················································································· 234
I. 당사자 이외의 자에 의한 소송수행 ················································ 234
II. 소송계속 중 당사자사망 법리 ······················································ 236
III. 당사자요건을 간과한 판결의 효력과 구제방법 ···························· 239
제2절 학습과제 ·························································································· 242
제3절 과제해설 ·························································································· 250

제 8 장 소 및 소송참가의 적법요건
제1절 논점의 정리 ····················································································· 272
I. 소송요건 ······················································································ 272
II. 소송참가 ····················································································· 279
제2절 학습과제 ·························································································· 284
제3절 과제해설 ·························································································· 293

제 9 장 2당사자대립주의와 변론의 진행
제1절 논점의 정리 ····················································································· 316
I. 2당사자 사이의 변론 진행 ····························································· 316
II. 법원의 소송지휘에 의한 변론진행 ··············································· 321
제2절 학습과제 ·························································································· 324
제3절 과제해설 ·························································································· 334

제 10 장 증거법
제1절 논점의 정리 ····················································································· 356
I. 증명책임 : 청구유형별 청구원인과 공격방어방법 ·························· 356
II. 증명도 ························································································· 362
III. 증거방법 ···················································································· 365
제2절 학습과제 ·························································································· 368
제3절 과제해설 ·························································································· 377

제 11 장 소송의 종료, 소(청구 및 당사자)의 변경과 반소
제1절 논점의 정리 ····················································································· 396
I. 당사자에 의한 소송절차의 종료 ···················································· 396

II. 청구의 변경 ················································································· 397
III. 반소 ··························································································· 400
제2절 학습과제 ·························································································· 403
제3절 과제해설 ·························································································· 413

제 12 장 공동소송과 청구병합
제1절 논점의 정리 ····················································································· 430
A. 공동소송 ······················································································· 430
I. 공동소송의 유형 ··········································································· 430
II. 공유관계소송 ·············································································· 432
III. 합유관계소송 ············································································· 435
IV. 총유관계소송 ············································································· 437
B. 청구 병합 ······················································································ 439
I. 청구병합의 유형 ··········································································· 439
II. 청구병합시 이심범위와 항소심의 심판 방법 ································· 441
III. 청구병합소송에서 심판누락(부적법한 일부판결)의 형태와 그 구제책
······························································································· 443
제2절 학습과제 ·························································································· 446
제3절 과제해설 ·························································································· 455

제 13 장 기판력의 범위와 변론종결 전후의 승계인
제1절 논점의 정리 ····················································································· 474
I. 기판력의 객관적 범위와 추가청구 ················································· 474
II. 기판력의 시적 범위를 벗어나는 사유 ··········································· 476
III. 변론종결전후의 승계인과 기판력의 주관적 범위 ························· 479
제2절 학습과제 ·························································································· 484
제3절 과제해설 ·························································································· 494

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