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변호사시험의 안목에서 본 민사소송법사례 !

이 책은 지난 10여 년간 개별적이고 단편적으로 집적된 민사소송법 분야 변호사시험 관련 학습내용을 체계적으로 정리한 것이다. 넘쳐나는 학습자료를 해당 법리에 포섭시키는 방법으로 단선화시킴으로써 개별적 문제양상을 체계화된 안목으로 접근할 수 있도록 하였다. 이를 통해 변호사시험을 효율적으로 대비하고, 향후 변호사업무에서 요구되는 확장력 있는 잠재적 업무능력을 배양하는 것을 지향하고 있다.

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

판례는 법이론과 더불어 법학발전에 큰 몫을 하고 있으며, 판결의 기초가 된 사실을 이해하고 이를 분석하는 데는 상당한 정도의 법리를 알고 있을 것을 전제한다. 이러한 이유로 로스쿨 강의의 핵심은 사례연습에 맞추어져야 한다. 그리고 사례연습 강좌는 기본강의를 통하여 익힌 리갈마인드로 현실의 쟁점을 분석하는 경험을 쌓을 수 있는 기회를 제공하여야 한다. 이 책은 그러한 경험을 할 수 있는 자료를 제공하기 위하여 만든 것이다.

[저자서문]
이 책은 그 동안 충남대학교 법학전문대학원에서 민사소송법연습 강좌로 개설된 강의 내용 중 일부를 발췌한 것이다. 연습강의를 하면서 제자들과의 논의는 이 책의 내용을 더욱 풍부하게 해주었으며, 무엇보다 현재 충남대학교 법학전문대학원에서 민사소송법 강의를 담당하고 있는 사랑하는 제자 최영덕 박사와의 공동작업을 거쳐 책으로 내놓을 수 있게 되었다.