포항 냉수리 신라비 국보 제 ( 264호)에는 3대에 걸쳐 이어진 재산분쟁의 종지부를 찍는 판결문
이 기록되어 있습니다. 지증왕은 전대의 두 왕이 결정한 절거리라는 사람의 재산취득에 관한
사항을 다시한번 확인하고 그 결정사항을 집행하도록 한 사실을 비석에 남겼습니다. 매듭짓
는 과정이 없다면 분쟁은 계속 반복될 것입니다. 그런데 1500년 전처럼 사건마다 왕이 비석
을 세우지 않아도 되도록 하는 것이 절차법입니다. 분쟁을 매듭짓는 과정이 절차법이라고 한
다면 절차법인 민사소송법이 사례와 함께 호흡하는 관계라는 것은 자명합니다. 그래서 개념
을 설명하는 방식으로는 민사소송법의 정확한 내용을 전달하는데 한계가 있습니다. 저자가
민사소송법의 맥을 집필하면서 민사소송법 사례의 맥과 연동하여 ‘핵심사례’를 수록한 것도
이런 이유에서입니다. 민사소송법의 맥으로 수학한 독자라면 민사소송법 사례의 맥을 통해
민사소송법의 개념을 되새기는 시너지효과까지 거둘 수 있을 것입니다.
본서의 특징은 아래와 같습니다.
1. 주요 기출사례 및 판례사례 정리
변호사시험, 법전협 모의고사, 사법시험, 법원행시, 법무사시험, 5급공채 법무행정고시, 변리
사시험 2차 주관식 기출뿐만 아니라 주요 최신판례까지 약 200여 개의 사례가 진도별로 정리
되었습니다. 각 사례에는 기본서인 민사소송법의 맥에 수록된 핵심사례에 해당하는 사례번호
를 표시하여 기본서와 사례집의 유기적인 활용이 가능하게 하였습니다.
2. 변호사시험 및 사법시험, 법원행시, 법무사, 5급공채, 변리사 기출표시
사례번호 옆에 기출표시를 해 두어 스스로 중요도를 확인할 수 있게끔 하였습니다. 이로써
변호사시험 뿐만 아니라 법원행정고시, 법무사시험, 5급공채 법무행정직렬, 변리사시험을 준
비하시는 수험생들에게 합격의 이정표가 되도록 했습니다.
3. 필수암기 사항 두문자 표시 및 결론 표시
암기에 도움이 될 수 있도록 꼭 필요한 내용에 대해서는 두문자를 표시해 두었고, 목차 옆에
결론을 표시하여 반복 학습할 때에 속도를 낼 수 있도록 했습니다.
4. 2019년 법전협 모의고사 및 2020년 9회 변호사시험 기출문제까지 반영
5. 절제된 분량 430page로 민사소송법 사례형 완벽대비
중복되는 문제를 통합하고, 앞의 사례와 반복되는 논점은 참조표시만 하여 분량을 줄였습니
다. 기본서인 민사소송법의 맥으로 공부한 독자라면 반복 학습하는 효과가 배가될 것입니다.
변호사시험 전부와 각종 주요고시의 10년간 기출사례, 향후 출제가 유력한 최신판례까지 망
라하였으므로 더 이상의 사례풀이 욕심은 과욕이라고 생각합니다. 저자가 분량의 부담을 줄
이기 위해 노력한 것은 독자가 본서를 수회 반복 학습하여 사례풀이 능력을 체화하도록 하기
위함임을 이해해주기를 바랍니다.
2020년 5월 연구실에서
윤동환

[사례 001] 법관의 제척·기피(1) ·································································································

2011년 제2회 법무부모의 변형

[사례 002] 법관의 제척·기피(2) ································································································· 2

2016년 법원행정고시

[사례 003] 법관의 제척·기피(3) ································································································· 3

2001년 변리사 유사

[사례 004] 국제재판관할권의 결정기준···················································································· 4

대판 2013.7.12. 2006다17539

[사례 005] 전속적 토지관할합의가 다른 나라의 재판권을 배제하는지 여부 ······· 6

2014년 변리사

[사례 006] 관련재판적······················································································································ 9

2017년 6월 법전협 모의

[사례 007] 합의관할(1) ··················································································································· 12

2012년 제1회 변호사시험

[사례 008] 합의관할(2) - 관할합의 효력의 주관적 범위··············································· 16

2017년 사법시험

[사례 009] 합의관할(3) - 관할합의 효력의 주관적 범위··············································· 17

2012년 제1회 변호사시험

[사례 010] 이송결정의 적법여부······························································································· 17

2013년 변리사

[사례 011] 심판편의에 의한 이송····························································································· 18

2017년 사법시험

[사례 012] 전속관할을 위반한 이송결정의 구속력 인정여부······································· 20

대결 1995.5.15. 94마1059,1060

[사례 013] 당사자 확정과 당사자표시정정(1) ··································································· 21

[사례 014] 당사자 확정과 당사자표시정정(2) ··································································· 22

2009년 사법시험

[사례 015] 제소전 사망(1) ············································································································ 24

2016년 제5회 변호사시험, 2014년 8월 법전협 모의

[사례 016] 제소전 사망(2) ············································································································ 26

2014년 8월 법전협 모의

[사례 017] 소송계속 중 당사자의 사망(1) ············································································ 27

[사례 018] 소송계속 중 당사자의 사망(2) ············································································ 29

2016년 제5회 변호사시험

[사례 019] 소송계속 중 당사자의 사망(3) ············································································ 30

2013년 제2회 변호사시험

[사례 020] 당사자가 소송대리인에게 소송위임을 한 다음 소 제기 전에 사망한

경우································································································································· 32

대판 2016.4.29. 2014다210449 변형

[사례 021] 비법인사단의 당사자적격······················································································ 34

2012년 8월 법전협 모의, 2009년 사법시험

[사례 022] 조합의 소송수행방안······························································································· 35

2009년 사법시험, 2012년 8월 법전협 모의, 2011년 법무부 모의

[사례 023] 당사자적격(1) - 이행의 소에서 당사자적격·················································· 37

2007년 법무사, 2016년 제5회 2014년 제3회 변호사시험

[사례 024] 당사자적격(2) - 말소등기청구의 피고적격···················································· 37

2015년 사법시험, 2013년 10월 법전협 모의

[사례 025] 당사자적격(3) ··············································································································· 38

대판 2015.12.10. 2014다87878

[사례 026] 당사자적격(4) - 저당권이전의 부기등기 말소청구···································· 39

2013년 제2회 변호사시험

[사례 027] 당사자적격(5) ··············································································································· 40

2015년 제4회 변호사시험

[사례 028] 당사자적격(6) - 채권자대위소송의 법적성질과 당사자적격·················· 41

2009년 법원행정고시, 2017년 사법시험, 2012년 제1회 변호사시험, 2011년 7월

법전협 모의

[사례 029] 당사자적격(7) - 추심명령과 당사자적격························································· 42

2011년 7월·2017년 10월 법전협 모의, 2014년 제3회 변호사시험

[사례 030] 당사자적격(8) - 채권자취소소송의 피고적격················································ 44

2012년 8월·2013년 6월·10월 법전협 모의, 2015년 사법시험

[사례 031] 당사자적격(9) - 채권자취소소송의 피고적격················································ 45

2015년 사법시험

[사례 032] 당사자적격(10) - 단체 내부 분쟁에서 피고적격········································ 45

2012년 사법시험, 2009년 법무행정고시

[사례 033] 소송능력························································································································ 47

[사례 034] 의사무능력과 특별대리인 선임신청·································································· 49

2007년 변리사변형

[사례 035] 대리권 소멸통지(1) ··································································································· 50

2016년 제5회 변호사시험, 2014년 법무행정고시, 2010년 변리사

[사례 036] 대리권 소멸통지(2) ··································································································· 51

2014년 법무행정고시

[사례 037] 파기환송 후 환송 전 항소심 대리인의 대리권 부활여부······················· 52

대판 1984.6.14. 84다카744

[사례 038] 표현대리 인정여부 및 무권대리의 경우 일부추인 가부························· 54

2013년 사법시험

[사례 039] 공유물분할의 소········································································································ 56

2014년 사법시험, 2015년 8월 법전협 모의

[사례 040] 경계확정의 소(1) ········································································································ 57

대판 1993.10.8. 92다44503, 대판 1996.4.23. 95다5476

[사례 041] 경계확정의 소(2) ········································································································ 58

2012년 변리사

[사례 042] 현재이행의 소에서 소의이익 - 채권이 가압류된 경우···························· 61

2011년 7월 법전협 모의, 2012년 제1회 2014년 제3회 변호사시험

[사례 043] 장래이행의 소(1) - 물건인도청구와 대상청구의 병합····························· 63

대판 2006.3.10. 2005다55411

[사례 044] 장래이행의 소(2) - 불법점유로 인한 부당이득반환청구························· 64

2006년 변리사

[사례 045] 확인의 소의 적법요건····························································································· 66

2015년 10월 법전협 모의

[사례 046] 확인의 이익················································································································· 67

대판 2010.7.15. 2010다2428,2435

[사례 047] 증서진부확인의 소(1) ······························································································· 69

2013년 변리사

[사례 048] 증서진부확인의 소(2) ······························································································· 70

2013년 변리사

[사례 049] 소송요건의 존부판단······························································································· 71

대판 2015.9.10. 2013다55300

[사례 050] 무변론판결제도··········································································································· 72

2014년 10월 법전협 모의

[사례 051] 중복소송금지(1) - 상계항변과 중복소제기···················································· 74

2011년 사법시험, 2013년 8월 법전협 모의, 2009년 변리사

8

[사례 052] 중복소송금지(2) - 채권자취소소송과 중복소제기······································· 75

2018년 제7회 변호사시험

[사례 053] 중복소송금지(3) - 채권자대위소송과 중복소제기······································· 77

2012년 제1회 변호사시험, 2012년 8월 2015년 6월 법전협 모의, 2012년

사법시험

[사례 054] 중복소송금지 (4) - 채무자가 제소한 후 압류채권자의 추심소송······· 78

2014년 사법시험

[사례 055] 중복소송금지(5) ·········································································································· 80

2016년 8월 법전협 모의

[사례 056] 처분권주의(1) - 일부청구와 과실상계····························································· 80

2014년 8월 법전협 모의, 2011년 법무사시험

[사례 057] 처분권주의(2) - 일부청구와 과실상계····························································· 82

2011년 법무사

[사례 058] 처분권주의(3) - 단순이행청구에 대한 선이행판결의 가능성················ 83

2013년 제2회 변호사시험, 2014년 6월 법전협 모의. 2006년 사법시험

[사례 059] 처분권주의(4) - 채무일부부존재확인의 소···················································· 85

2007년 변리사

[사례 060] 처분권주의(5) - 단순이행청구에 대한 상환이행판결································ 87

2011년 7월 2012년 8월 법전협 모의, 2007년 사법시험

[사례 061] 변론주의(1) - 소송자료와 증거자료의 구별·················································· 89

2010년 사법시험

[사례 062] 변론주의(2) - 주요사실과 간접사실의 구별·················································· 91

2016년 6월 법전협 모의

[사례 063] 변론주의(3) - 주장책임(소멸시효의 기간 및 기산점), 유권대리 주장에

표현대리의 주장이 포함되어 있는지 여부···················································· 93

2013년 제2회 변호사시험, 2010년도 제1회 법무부 모의, 2009년 2015년

사법시험

[사례 064] 적시제출주의 - 실기한 공격방어방법의 각하·············································· 96

2010년 사법시험 변형

[사례 065] 부인과 항변(1) ············································································································ 98

2006년·2015년 사법시험, 2015년 법무행정고시

[사례 066] 부인과 항변(2) ·········································································································· 100

2015년 법무행정고시

[사례 067] 소송에 있어서 형성권의 행사(1) - 상계항변의 법적성질····················· 102

2016년 8월 법전협 모의, 2011년 1월 법무부 모의

[사례 068] 소송에 있어서 형성권의 행사(2) - 상계항변의 법적성질····················· 104

[사례 069] 소송에 있어서 형성권의 행사(3) - 상계항변에 대한 상계의 재항변· 104

2015년 법무행정고시

[사례 070] 소송상 합의 - 부제소합의와 지적의무························································· 106

2013년 8월 법전협 모의, 2014년 사법시험, 2014년 변리사

[사례 071] 조건부 소취하계약·································································································· 108

2017년 6월 법전협 모의

[사례 072] 소송상 합의··············································································································· 110

2013년 8월 법전협 모의

[사례 073] 소송행위의 철회와 취소(1) ················································································· 111

2014년 법원행정고시, 2009년 사법시험

[사례 074] 소송행위의 철회와 취소(2) ················································································· 112

2014년 변리사

[사례 075] 소송상 합의, 양쪽 당사자의 결석··································································· 114

2015년 8월 법전협 모의

[사례 076] 한쪽 당사자의 결석 - 진술간주, 자백간주················································· 116

2015년 변리사

[사례 077] 불출석 자백간주······································································································ 118

2015년 사법시험, 2017년 법무사

[사례 078] 위법한 공시송달과 구제책·················································································· 121

2012년 변리사

[사례 079] 보충송달, 송달의 하자와 구제책, 하자의 치유········································· 123

2016년 사법시험, 2012년 변리사

[사례 080] 송달과 지급명령······································································································ 127

2013년 법원행정고시

[사례 081] 재판상 자백(1) - 선결적 법률관계에 대한 자백, 자백의 철회·········· 129

2014년 제3회 변호사시험, 2011년 7월·2013년 10월·2014년 6월 법전협 모의

[사례 082] 재판상 자백(2) - 선행자백의 구속력····························································· 130

2017년 8월 법전협 모의

[사례 083] 재판상 자백(3) - 선행자백의 구속력····························································· 133

2017년 법원행정고시

[사례 084] 문서의 진정성립에 대한 재판상 자백, 문서의 형식적 증거력(1) ····· 134

2018년 제7회 변호사시험

[사례 085] 재판상 자백 - 법률용어를 사용한 당사자의 진술, 문서의 형식적

증거력(2) ····················································································································· 136

2013년 제2회 변호사시험, 2015년 6월 2011년 7월 법전협 모의

[사례 086] 재판상 자백, 문서의 형식적 증거력(3) ························································· 140

2015년 6월 법전협 모의

[사례 087] 문서의 형식적 증거력(4) - 사문서의 진정성립의 추정과 그 복멸·· 143

2008년 사법시험, 2015년 변리사

[사례 088] 문서의 형식적 증거력(5) - 문서의 진정성립에 대한 자백, 사본의

증거력·························································································································· 145

2012년 법무행정고시

[사례 089] 문서의 실질적 증거력··························································································· 148

2010년 사법시험, 2013년 법무행정고시

[사례 090] 처분문서의 증거력·································································································· 149

2017년 법무행정고시

[사례 091] 처분문서의 실질적 증거력, 문서제출명령 부준수의 효과···················· 151

2013년 법무행정고시

[사례 092] 증거보전, 문서제출명령······················································································· 153

2009년 변리사

[사례 093] 증인신문······················································································································ 155

2012년 변리사

[사례 094] 채권자 대위소송과 증명책임············································································· 156

2011년 변리사

[사례 095] 등기의 추정력과 증명책임·················································································· 158

2003년 사법시험

[사례 096] 소취하와 재소금지 ······························································································· 162

2014년 6월 8월 법전협 모의, 2010년 사법시험, 2014년 변리사

[사례 097] 채권자대위소송과 재소금지, 선결관계의 경우 재소금지원칙의

적용여부······················································································································ 164

2011년 사법시험

[사례 098] 재판상 화해의 법적성질······················································································ 167

[사례 099] 재판상 화해와 중복제소······················································································ 169

2008년 법무행정고시

[사례 100] 기판력의 본질(1) ······································································································ 170

사법 연수원 사례

[사례 101] 기판력의 본질(2) ······································································································ 171

사법 연수원 사례

[사례 102] 소송판결의 기판력·································································································· 172

사법 연수원 사례

[사례 103] 기판력의 시적범위 (1) ·························································································· 173

사법 연수원 사례

[사례 104] 기판력의 시적범위(2) - 표준시 전에 발생한 형성권의 변론종결 후의

행사······························································································································· 174

2007년 사법시험

[사례 105] 기판력의 시적범위와 청구이의의 소······························································ 176

2014년 8월 법전협 모의

[사례 106] 기판력의 시적범위 - 변종 전 한정승인 사실 실권여부······················· 177

대판 2006.10.13, 2006다23138

[사례 107] 정기금판결에 대한 변경의 소··········································································· 179

2016년 6월 법전협 모의

[사례 108] 기대여명연장으로 인한 추가청구···································································· 180

2013년 법무행정고시

[사례 109] 기대여명보다 일찍 사망한 경우와 기대여명이 연장된 경우의 구별182

2016년 법무사

[사례 110] 추가청구와 변경의 소··························································································· 185

2007년 사법시험

[사례 111] 말소등기청구소송에서의 소송물······································································· 186

2008년 사법시험

[사례 112] 기판력의 객관적 범위(1) - 판결이유 중의 판단(선결적 법률관계) ·· 187

2016년 8월 법전협 모의

[사례 113] 기판력의 객관적 범위(2) - 판결이유 중의 판단(모순적 법률관계) ·· 189

2010년 사법시험 변형

[사례 114] 기판력의 객관적 범위(3) - 판결이유 중의 판단(모순적 법률관계) ·· 192

사법연수원 사례

[사례 115] 기판력의 객관적 범위(4) - 일부청구와 기판력 저촉여부····················· 193

2012년 제1회 변호사시험

[사례 116] 기판력의 객관적 범위(5) - 일부청구의 소송물········································· 195

2012년 제1회 변호사시험, 2014년 8월 법전협 모의, 2010년 법무사, 2002년 사법시험

[사례 117] 기판력의 객관적 범위(6) - 일부청구의 소송물········································· 196

2017년 법원행정고시

[사례 118] 기판력의 객관적 범위(7) - 토지의 특정일부, 지분 매수주장············ 198

사법연수원 사례

[사례 119] 기판력의 객관적 범위(8) - 진정명의회복을 위한 소유권이전등기청구와

말소등기청구············································································································· 200

2002년 변리사

[사례 120] 기판력의 객관적 범위(9) - 판결이유 중의 판단(상계항변) ·················· 201

사법연수원 사례, 2017년 10월 법전협 모의, 2013년 법원행정고시

[사례 121] 기판력의 작용(1) - 선결관계, 모순관계························································ 204

2015년 제4회 변호사시험

[사례 122] 기판력의 작용(2) - 선결관계, 모순관계························································ 207

사법연수원 사례

[사례 123] 기판력의 주관적 범위(1) ······················································································ 208

2014년 사법시험

[사례 124] 기판력의 주관적 범위(2) ······················································································ 210

2016년 8월 법전협 모의

[사례 125] 기판력의 주관적 범위(3) - 변론종결 후 승계인에 대한 법원의 조치···· 211

2017년 10월 법전협모의

[사례 126] 채권자대위소송과 기판력(1) ··············································································· 213

대판 2014.1.23. 2011다108095

[사례 127] 채권자대위소송과 기판력(2) ··············································································· 214

2015년 제4회 변호사시험

[사례 128] 채권자대위소송과 기판력(3) ··············································································· 215

2016년 2015년 변호사시험, 2015년 법전협 모의, 2012년 사법시험

[사례 129] 채권자대위소송과 기판력 (4) - 채무자의 확정판결의 효력이

대위채권자에게 미치는지 여부 ········································································ 218

대판 1993.3.26. 92다32876

[사례 130] 채권자취소소송 관련 사례·················································································· 219

2010년 법무사

[사례 131] 판결의 편취(1) ·········································································································· 220

2015년 10월 법전협 모의, 2012년 법무행정고시

[사례 132] 편취판결에 대한 소송법적 구제수단······························································ 223

2017년 8월 법전협 모의, 2014년 법무사

[사례 133] 판결의 편취(2) ·········································································································· 225

2015년 10월 법전협 모의

제5편 병합소송

[사례 134] 물건의 인도청구와 대상청구············································································· 228

대판 2011.8.18. 2011다30666

[사례 135] 재판누락, 변론주의································································································ 229

2011년 7월 법전협 모의변형

[사례 136] 선택적 병합··············································································································· 231

2011년 법원행정고시

[사례 137] (진정)예비적 병합, 불이익변경금지원칙························································ 235

2014년 6월 법전협 모의

[사례 138] 부진정예비적병합의 인정여부(1) ······································································ 237

2016년 6월 법전협 모의, 2010년 2014년 법원행정고시

[사례 139] 부진정예비적병합의 인정여부(2) ······································································ 239

2014년 법원행정고시

[사례 140] 청구의 교환적 변경과 재소금지······································································· 241

2014년 변리사

[사례 141] 채권자취소소송 - 피보전채권의 변경이 소변경인지 여부··················· 243

2013년 6월 법전협 모의

[사례 142] 채권자대위소송과 소변경 - 대위채권자가 피대위채권을 양수한 경우·· 244

대판 2010.6.24. 2010다17284

[사례 143] 반소(1) - 상호관련성, 항소심에서의 반소··················································· 246

대판 1996.3.26. 95다45545

[사례 144] 반소(2) - 예비적 반소(예비적 반소와 본소의 각하판결에 대하여 원고

만 항소한경우 항소심의 이심의 범위와 심판의 대상) ·························· 248

2016년 사법시험

[사례 145] 반소(3) - 본소취하시 반소청구의 적법성···················································· 250

2012년 제1회 변호사시험

[사례 146] 반소(4) - 반소의 이익··························································································· 251

2013년 제2회 변호사시험, 2011년 6월 법전협 모의

[사례 147] 반소(5) - 반소의 이익··························································································· 252

2011년 7월 법전협 모의

[사례 148] 반소(6) - 반소제기에 의해 본소의 소의 이익이 소멸되는지 여부·· 253

대판 2010.7.15. 2010다2428

[사례 149] 필수적 공동소송과 통상 공동소송의 구별·················································· 253

2014년 제3회 변호사시험

[사례 150] 통상공동소송(1) - 공동소송인 독립의 원칙과 그 수정························· 255

2011년 사법시험

[사례 151] 통상공동소송(2) - 공동소송인 독립의 원칙················································ 258

2015년 6월 법전협 모의

[사례 152] 통상공동소송(3) - 공동소송인 독립의 원칙과 그 수정························· 259

2013년 8월 법전협 모의

[사례 153] 통상공동소송(4) - 공동소송인 독립의 원칙과 그 수정························· 261

2018년 제7회 변호사시험

[사례 154] 통상공동소송인의 추가 가부 - 수인이 공동매수인으로서 매매예약을

체결한 경우의 법률관계 ····················································································· 264

2016년 제5회 변호사시험

[사례 155] 고유필수적 공동소송(1) - 장래이행의 소···················································· 266

2017년 10월 법전협모의

[사례 156] 고유필수적 공동소송(2) 심판방법······························································· 268

2013년 6월 법전협 모의, 2013년 법무사, 2010년 사법시험

[사례 157] 고유필수적 공동소송(3) - 1인의 소취하 가부··········································· 270

2010년 사법시험

[사례 158] 고유필수적 공동소송(4) - 누락된 공동소송인 보정방법······················· 271

2014년 사법시험

[사례 159] 유사필수적 공동소송····························································································· 273

2012년 법원행정고시, 2015년 변리사

[사례 160] 예비적 공동소송(1) - 법률상 양립불가능의 의미···································· 274

2015년 제4회 변호사시험

[사례 161] 예비적 공동소송(2) ································································································· 276

2007년·2014년 법원행정고등시, 2007년·2011년 사법시험

[사례 162] 예비적 공동소송(3) ································································································· 278

2015년 8월 법전협 모의

[사례 163] 예비적 공동소송(4) - 예비적 공동소송인의 추가, 예비적 피고의 인낙

가부 ······························································································································ 279

2007년·2011년 2013년 사법시험, 2009년 법무행정고시

[사례 164] 선정당사자제도(1) - 공동의 이해관계··························································· 280

2002년 법무사시험

[사례 165] 선정당사자제도(2) - 심급한정의 선정 가부················································ 282

대결 1995.10.5. 94마2452, 대판 2014.10.15. 2013다25781

[사례 166] 보조참가(1) - 요건, 참가인의 지위, 참가적 효력···································· 285

대결 2014.5.29. 2014마4009, 2009년 사법시험

[사례 167] 보조참가(2) - 보조참가인의 항소제기··························································· 291

2012년 제1회 변호사시험, 2017년 6월 법전협 모의

[사례 168] 보조참가(3) - 참가적 효력·················································································· 292

2008년 사법시험

[사례 169] 보조참가(4) - 보조참가인의 지위···································································· 294

2017년 6월 법전협 모의

[사례 170] 보조참가(5) - 공동불법행위에서 가해자의 보조참가······························ 297

2015년 8월 법전협 모의, 2015년 법원행정고시

[사례 171] 공동소송적 보조참가 - 채권자대위소송에서 채무자의 참가, 공동소송적

보조참가인의 지위 ································································································· 298

2006년 사법시험

[사례 172] 공동소송참가(1) - 채권자대위소송에서 다른 채권자의 공동소송참가·· 300

대판 2015.7.23. 2013다30301

[사례 173] 공동소송참가(2) - 주주대표소송에 회사의 공동소송참가 가부········· 302

대판 2002.3.15. 2000다9086

[사례 174] 독립당사자참가(1) - 권리주장참가의 참가이유, 원·피고만의 일부 화해 가부,

참가신청을 각하한 제1심판결에 대하여 참가인만이 항소한 경우······· 303

2013년 변리사

[사례 175] 독립당사자참가(2) - 불이익변경금지원칙이 배제되는 경우················ 308

2008년 사법시험

[사례 176] 독립당사자참가(3) - 불이익변경금지원칙이 배제되는 경우················ 310

2015년 법무행정고시

[사례 177] 독립당사자참가(4) - 항소심의 심판범위······················································· 311

2015년 법무행정고시

[사례 178] 독립당사자참가(5) - 사해방지참가·································································· 312

대판 1997.6.27. 95다40977

[사례 179] 독립당사자참가(6) - 편면참가 가부, 사해방지참가와 채권자취소권 315

2017년 제6회 변호사시험

[사례 180] 임의적 당사자의 변경(1) - 피고경정····························································· 317

대결 1997.10.17. 97마1632

[사례 181] 임의적 당사자의 변경(2) - 피고경정····························································· 318

2014년 10월 법전협 모의

[사례 182] 원고경정의 허용여부····························································································· 319

대판 2008.6.12. 2008다11276

[사례 183] 임의적 당사자의 변경, 소송승계(1) - 당사자의 변경, 추가방법······· 320

2014년 6월 법전협

[사례 184] 임의적 당사자의 변경, 소송승계(2) - 당사자의 변경, 추가방법······· 322

2011년 변리사

[사례 185] 제3자의 당사자로서의 소송참가 유형 - 공동소송참가, 독립당사자참가,

참가승계 ····················································································································· 323

2015년 10월 법전협 모의

[사례 186] 인수승계- 계쟁물양도에 있어서 승계인······················································· 326

2014년 법무행정고시, 2004년 2007년 변리사, 2016년 제5회 변호사시험,

2014년 사법시험, 2014년 10월 2015년 6월 법전협 모의

[사례 187] 인수승계(1) ················································································································· 327

2015년 6월 법전협 모의

[사례 188] 인수승계(2) ················································································································· 328

2014년 10월 법전협 모의

[사례 189] 인수승계(3) - 소송승계 후 의무자가 아님이 밝혀진 경우·················· 329

2007년 사법시험

[사례 190] 인수승계(4) - 소송승계 후 의무자가 아님이 밝혀진 경우·················· 330

2017년 10월 법전협 모의

[사례 191] 참가승계(1) - 참가 후의 소송형태, 당사자 일방의 소송탈퇴에 대한

상대방의 부동의시 법원의 판단방법 ···························································· 331

2014년 10월 법전협 모의, 2012년 법원행정고시

[사례 192] 참가승계(2) - 참가 후의 소송형태, 당사자 일방의 소송탈퇴에 대한

상대방의 부동의시 법원의 판단방법 ···························································· 333

2014년 10월 법전협 모의

[사례 193] 당연승계 후 상속인이 아님이 밝혀진 경우················································ 334

대판 1981.3.10. 80다1895

[사례 194] 상소의 이익 - 전부 승소자의 상소 가부(인신손해) ································ 336

2016년 6월 법전협 모의

[사례 195] 상소의 이익 - 전부 승소자의 상소 가부(묵시적 일부청구) ················ 338

2014년 8월 법전협 모의, 2011년 변리사

[사례 196] 일부청구와 시효중단, 전부승소자의 상소 가부········································ 339

2011년 제2회 법무부모의 변형

[사례 197] 상소의 이익, 부대항소와 청구취지 확장, 부대항소의 종속성··········· 341

2011년 2014년 법무행정, 2010년 변리사

[사례 198] 상소의 이익, 부대항소와 청구취지 확장, 부대항소의 종속성··········· 343

2009년 사법시험

[사례 199] 상소불가분의 원칙, 항소심의 심판범위························································ 345

2015년 사법시험

[사례 200] 상소불가분의 원칙 - 불복하지 아니한 패소부분의 확정시기············ 347

2013년 8월 법전협 모의

[사례 201] 통상공동소송과 상소불가분의 원칙································································ 349

2012년 10월 법전협 모의

[사례 202] 불이익변경금지원칙 - 소각하판결에 대해 원고만 항소한 경우

항소법원이 청구기각판결을 할 수 있는지 여부 ······································ 351

2016년 사법시험, 2008년 법무행정고시

[사례 203] 불이익변경금지원칙 - 주위적 청구를 배척하고 예비적 청구를 인용한

판결에 대해 피고만 항소한 경우 항소심 법원이 주위적 청구를

심판대상으로 삼을 수 있는지 여부 ······························································· 352

2017년 8월 법전협 모의

[사례 204] 불이익변경금지원칙 - 주위적 청구를 배척하고 예비적 청구를 인용한

판결에 대해 피고만 항소한 경우 항소심 법원이 주위적 청구를

심판대상으로 삼을 수 있는지 여부 ······························································· 355

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