핵심 민사소송법의 맥

제1편 총론············································································································································ 1

제2편 소송의 주체··························································································································· 7
제1장 법원············································································································································· 8
제1절 재판권 ··········································································································································· 8
제2절 법관의 제척·기피·회피············································································································ 12
제3절 관할권·········································································································································· 16
제1관 관할의 의의와 종류····················································································································· 16
제2관 전속관할과 임의관할·················································································································· 16
제3관 법정관할····································································································································· 17
제4관 지정(재정)관할···························································································································· 23
제5관 거동관할···································································································································· 23
제6관 이 송·········································································································································· 26
제2장 당사자······································································································································ 32
제1절 당사자 확정································································································································· 32
제1관 당사자의 확정····································································································································· 32
제2관 당사자표시정정···································································································································· 32
제3관 성명모용소송······································································································································· 36
제4관 법인격부인··········································································································································· 37
제5관 소제기 이전의 당사자 사망················································································································ 39
제6관 소송계속 중 당사자 사망···················································································································· 42
제7관 변론종결 후 당사자 사망···················································································································· 46
제2절 당사자자격··································································································································· 47
제1관 당사자능력··········································································································································· 47
제2관 당사자적격··········································································································································· 52
제3관 소송능력·············································································································································· 61
제4관 변론능력·············································································································································· 63
제3절 소송상의 대리인·························································································································· 65
제3편 제1심 소송절차··················································································································· 77
제1장 소송의 개시와 심리의 대상······························································································ 78
제1절 소의 의의와 종류 ······················································································································· 78
제2절 소송요건······································································································································· 82
제3절 소의 이익····································································································································· 89
제1관 소의 이익의 의의 및 발현형태··········································································································· 89
제2관 권리보호의 자격·································································································································· 제3관 권리보호이익······································································································································· 93
제4절 소송물········································································································································ 110
제5절 소의 제기··································································································································· 113
제2장 소제기 효과···························································································································118
제1관 소송계속············································································································································ 118
제2관 중복소송 금지·····································································································································118
제3관 소송계속의 실체법상 효과 ·············································································································· 126
제3장 변 론······································································································································ 133
제1절 변론의 의의와 종류··················································································································· 133
제2절 변론의 여러 가지 원칙············································································································· 134
제1관 공개심리주의····································································································································· 134
제2관 쌍방심리주의····································································································································· 136
제3관 구술심리주의····································································································································· 136
제4관 직접심리주의····································································································································· 136
제5관 처분권주의········································································································································· 137
제6관 변론주의············································································································································ 142
제7관 석명권················································································································································ 149
제8관 적시제출주의····································································································································· 155
제9관 집중심리주의····································································································································· 159
제10관 직권진행주의와 소송지휘권············································································································ 160
제3절 변론의 준비······························································································································· 161
제4절 변론의 내용과 소송행위············································································································ 164
제1관 변론의 내용······································································································································· 164
제2관 소송행위············································································································································ 168
제5절 변론의 실시······························································································································· 174
제6절 기일·기간·송달······················································································································ 177
제1관 기일과 기간······································································································································· 177
제2관 기일의 해태······································································································································· 178
제3관 기간의 미준수 및 소송행위의 추후보완··························································································· 181
제4관 송 달················································································································································· 185
제7절 소송절차의 정지························································································································ 191
제1관 소송절차 정지의 의의 및 종류········································································································· 191
제2관 소송절차의 중단································································································································ 191
제4장 증 거······································································································································ 198
제1절 서 설·········································································································································· 198
제2절 요증사실····································································································································· 200
제3절 불요증사실································································································································· 202
제1관 재판상자백········································································································································· 202
제2관 자백간주············································································································································ 206
제3관 현저한 사실······································································································································· 207
제4관 법률상 추정된 사실 ························································································································ 208
제4절 증거조사····································································································································· 208
제1관 증거조사의 개시와 유형··················································································································· 208
제2관 서증··················································································································································· 213
제3관 당사자신문········································································································································· 222
제4관 증거보전············································································································································ 223
제5절 자유심증주의······························································································································ 224
제6절 증명책임····································································································································· 227

제4편 소송의 종료······················································································································· 233
제1장 총 설······································································································································ 234
제1관 소송종료사유 ··································································································································· 234
제2관 소송종료선언····································································································································· 234
제2장 당사자의 행위에 의한 종료··························································································· 236
제1절 소의 취하와 재소금지··············································································································· 236
제1관 소의 취하·········································································································································· 236
제2관 재소금지············································································································································ 239
제2절 포기, 인낙 ································································································································ 242
제3절 재판상 화해······························································································································· 244
제1관 소송상 화해······································································································································· 244
제2관 제소전 화해······································································································································· 250
제3장 종국판결에 의한 종료······································································································ 252
제1절 판결의 종류······························································································································· 252
제2절 기판력········································································································································ 255
제3절 기판력의 범위와 작용··············································································································· 258
제1관 기판력의 시적 범위·························································································································· 258
제2관 기판력의 객관적 범위와 작용·········································································································· 265
제3관 기판력의 주관적 범위······················································································································· 274
제4관 판결의 하자와 편취판결··················································································································· 282

제5편 병합소송······························································································································ 285
제1장 병합청구소송························································································································ 286
제1절 청구의 원시적 병합··················································································································· 286
제1관 청구의 병합(객관적 병합) ················································································································· 286
제2관 단순병합············································································································································ 289
제3관 선택적 병합······································································································································· 290
제4관 예비적 병합······································································································································· 292
제2절 청구의 후발적 병합··················································································································· 299
제1관 청구의 변경······································································································································· 300
제2관 중간확인의 소··································································································································· 305
제3관 반 소················································································································································· 307
제2장 다수당사자소송··················································································································· 312
제1절 공동소송····································································································································· 313
제1관 통상공동소송····································································································································· 313
제2관 고유필수적 공동소송························································································································· 315
제3관 유사필수적 공동소송························································································································· 321
제4관 예비적·선택적 공동소송················································································································· 322
제5관 선정당사자 제도································································································································ 326
제2절 소송참가····································································································································· 331
제1관 보조참가············································································································································ 331
제2관 소송고지············································································································································ 337
제3관 공동소송적 보조참가························································································································· 339
제4관 공동소송참가····································································································································· 343
제5관 독립당사자참가·································································································································· 345
제3절 당사자의 변경···························································································································· 354
제1관 임의적 당사자의 변경······················································································································· 355
제2관 소송승계············································································································································ 358

제6편 상소심 및 재심절차······································································································· 365
제1절 상소············································································································································ 366
제1관 상소심절차········································································································································· 366
제2관 항 소················································································································································· 377
제3관 상 고················································································································································· 379
제4관 항 고················································································································································· 382
제2절 재심절차 ··································································································································· 384