독립당사자참가소송에서의 소송탈퇴
The Withdrawal from Litigation in Intervention as independent Party
0
조회
0
다운로드
1
인용
0
참고문헌
키워드
초록
When a third as Independent Party participates in the suit, it becomes the Litigation in Intervention as independent Party. Then a Plantiff or a Defendant is performing usually a suit. but it exceptionally becomes unnecessary to maintain the suit. In the case of the latter, a Party will withdraw from Litigation with a opponent´s consent. Article §80 the korean Code of Civil Procedure is in case whrer exists a person who has intervened in a suit in order to claim his rights under the provisions of 79, rhe Plaintiff or defendant prior to his intervention may withdraw from the suit subject to the Consent of the Opponent. Provided, that the judgement shall also become effective for the Party who has so withdrawn. I agrees to the Theory of Litigation Trust. My Conclusion is that a Withdrawal needs the consent of Opponent and Intervener. And the Withdrawer is no Party. But his Claim is remain in the Action.
Abstract
When a third as Independent Party participates in the suit, it becomes the Litigation in Intervention as independent Party. Then a Plantiff or a Defendant is performing usually a suit. but it exceptionally becomes unnecessary to maintain the suit. In the case of the latter, a Party will withdraw from Litigation with a opponent´s consent. Article §80 the korean Code of Civil Procedure is in case whrer exists a person who has intervened in a suit in order to claim his rights under the provisions of 79, rhe Plaintiff or defendant prior to his intervention may withdraw from the suit subject to the Consent of the Opponent. Provided, that the judgement shall also become effective for the Party who has so withdrawn. I agrees to the Theory of Litigation Trust. My Conclusion is that a Withdrawal needs the consent of Opponent and Intervener. And the Withdrawer is no Party. But his Claim is remain in the Action.
참고문헌 (23)
- 강현중, "민사소송법" (2004), 박영사
- 김능환, "주석 민사소송법(I)" (2012), 한국사법행정확회
- 김홍규, "민사소송법" (2010), 삼영사
- 김홍엽, "민사소송법" (2014), 주식회사 박영사
- 송상현, "민사소송법" (2014), 박영사
- 이시윤, "신민사소송법" (2014), 박영사
- 유병현, "민사소송법 제4판" (2014), 법문사
- 한종열, "한국민사소송법(상)" (1993), 경북대학교출판부
- 호문혁, "민사소송법" (2014), 법문사
- 법원행정처, "법원실무제요 ｢민사소송(I)｣" (2005)
- 김연, "소송탈퇴", 고시연구, pp.91~101 (2004)
- 김형석, "승계참가신청 후 소송탈퇴가 있고, 탈퇴자가 사망하자 망인에 대한 소송수계 신청이 있은 다음 승계참가신청이 취하된 경우의 처리", 대법원판례해설, (87), pp.287~304 (2011), 법원도서관
- 최성호, "소송절차에서 탈퇴된 선정자의 법적 지위에 관한 검토", 홍익법학, 14(3), pp.379~408 (2013), 법학연구소
- 최성호, "소송탈퇴 후 독립당사자참가소송에서 판결효력의 귀속에 대한 검토", 법학논집, 17(4), pp.111~139 (2013), 법학연구소
- 최성호, "소송탈퇴 후 독립당사자참가소송에서 판결효력의 귀속에 대한 검토", 경기법조, (20), pp.685~714 (2013)
- 上田徹一郞, "注釋民事訴訟法(2)" (1991), 有斐閣
- 井上治典, "多數當事者の訴訟" (1992), 信山社
- 井上治典, "多數當事者訴訟の法理" (1981), 弘文堂
- 勅使川原和彦, "民事訴訟法の爭點" (1998), ジュリスト
- 三ケ月章, "民事訴訟法" (1992), 弘文堂
- 小林秀之, "新民事訴訟法" (2005), 判例タイムズ社
- 小林秀之, "民事訴訟法" (2006), 弘文堂
- 新堂幸司, "新民事訴訟法" (2008), 弘文堂