2018 증보개정판 공인노무사 대비 신민사소송법

제 1편 총 론

제1장 민사소송 2

제1절 민사소송의 절차 개관 2
제2절 민사소송과 다른 소송제도 4
❙비송사건❙······························································································5
제4절 민사소송의 이상과 신의칙 9

제2장 민사소송법 12
❙민사소송법규의 종류❙···········································································12

제 2편 소송의 주체

제1장 법 원 14

제1절 민사재판권 14
제2절 법관의 제척·기피·회피 17
제3절 관 할 24

제1관 관할의 의의 및 종류 24
제2관 토지관할 26
제3관 합의관할 30
제4관 변론관할 36
제5관 소송의 이송 39
제6관 토지관할과 이송의 이해 정리 47

제2장 당사자(원고와 피고) 49

제1절 총 설 49
제2절 당사자의 확정 50
제3절 당사자의 자격 59

제1관 당사자능력 59
제2관 당사자적격 64
제3관 소송능력 70

제4절 소송상의 대리인 74

제1관 총 설 74
제2관 법정대리인 75
제3관 임의대리인(소송대리인) 80
제4관 무권대리인 88
❙임의대리인과 법정대리인의 이동❙·························································90
❙조합의 소송수행방안❙···········································································92

제 3편 제1심의 소송절차

제1장 소송의 개시 96

제1절 소의 의의와 종류 96
❙형식적 형성의 소❙···············································································97
제2절 소송요건 100
제1관 총 설 100
제2관 소의 이익 105
❙장래의 이행의 소❙·············································································108
❙확인의 소❙·························································································114

제3절 소송물 119
제4절 소의 제기 124
제5절 재판장등의 소장심사와 소제기후의 조치 128
제1관 재판장등의 소장심사 128
제2관 소장부본의 송달과 답변서 제출의무의 고지 133
제3관 피고의 답변서제출의무와 무변론판결 134

제6절 소송구조 137
제7절 소제기의 효과 139

제1관 소송계속 140
❙중복된 소제기의 금지 원칙❙·······························································142
제2관 실체법상의 효과 151

제2장 변 론 156

제1절 변론의 의의 및 종류 156
제2절 심리에 관한 제원칙 157

제1관 처분권주의 157
제2관 변론주의 164
❙석명권❙······························································································173
제3관 적시제출주의(공격방어방법의 제출시기) 180
제4관 집중심리주의 185
제5관 소송절차의 이의권 188

제3절 변론의 준비(기일전의 절차) 191
제1관 준비서면 191
제2관 변론준비절차 195
제4절 변론의 내용과 소송행위 199
제1관 변론의 내용 199
❙부인과 항변❙·····················································································202
❙소송에 있어서 형성권의 행사❙····························································205
제2관 소송행위 208
❙소송상의 합의❙··················································································208
❙소송행위의 철회와 의사의 하자(무효‧취소)❙ ·······································213

제5절 변론의 실시 중 변론조서 216
제6절 기일에 있어서 당사자의 결석 220
제7절 기일, 기간, 송달 중 일부 228
제1관 기간의 부준수와 소송행위의 추후보완 228
제2관 송 달 231
❙송달실시의 방법❙···············································································233
❙공시송달❙ ·························································································235

제8절 소송절차의 정지 238

제3장 증 거 247

제1절 총 설 247
제2절 증명의 대상(요증사실) 249
제3절 불요증 사실 251
제4절 증거조사의 개시와 실시 264

제1관 증거조사의 개시 264
제2관 증거조사의 실시 270
❙문서의 증거능력과 증거력❙ ·······························································283
❙문서제출명령❙····················································································287

제5절 자유심증주의 292
제6절 증명책임 296

제 4편 소송의 종료

제1장 총 설 304

제2장 당사자의 행위에 의한 종료 308

제1절 소의 취하 308
제2절 청구의 포기‧인낙 320
제3절 재판상 화해 322

제3장 종국판결에 의한 종료 330

제1절 재판일반 330
제2절 판 결 332
제1관 판결의 종류 중 일부판결 332
제2관 판결의 효력 336
❙기판력 일반단문❙···············································································344
❙기판력의 주관적 범위❙·······································································347
❙기판력의 객관적 범위❙·······································································354
❙기판력의 시적 범위단문❙····································································360

제 5편 병합소송

제1장 병합청구소송(청구의 복수) 368

제1절 청구의 병합(소의 객관적 병합) 368
제2절 청구의 변경 377
제3절 중간확인의 소 385
제4절 반 소 387

제2장 다수당사자소송(당사자의 복수) 393

제1절 공동소송(소의 주관적 병합) 393
❙통상공동소송❙ ··················································································396
❙필수적 공동소송❙···············································································399
❙예비적·선택적 공동소송❙··································································406

제2절 선정당사자 412
제3절 제3자의 소송참가 419
제1관 보조참가 419
제2관 공동소송적 보조참가 427
제3관 소송고지 431
제4관 독립당사자참가 435
제5관 공동소송참가 446

제4절 당사자의 변경 450
제1관 임의적 당사자의 변경 450
제2관 소송승계 456
❙참가승계(승계참가)❙············································································458
❙인수승계(인수참가)❙············································································460

제 6편 상소심절차

제1장 총 설 464

제1절 상소의 의의 및 종류 464
제2절 상소요건 466
제3절 상소의 효력 474

제2장 항 소 478

제1절 총 설 478
제2절 항소의 제기 479
❙재판장등의 항소장 심사권❙································································479
❙항소의 취하❙·····················································································480
❙부대항소❙··························································································484

제2절 항소심의 종국적 재판(중 항소인용) 488
❙원판결의 취소❙··················································································488
❙불이익변경금지의 원칙❙·····································································489

제3장 상 고 493

제1절 상고인용판결 중 파기환송판결의 기속력 493

제 7편 재심절차

제1절 재심의 의의 498
❙적법요건❙ 498