전현주 律(율) 민사소송법
저자 : 전현주
출판사 : 좋은책
출판일 : 2017-09-06(08-16)
페이지 : 354
판형 : 초판
구매수량 :
정가 17,000원 -> 150원 적립
15,300
스프링분철 :
총 금액 :
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    주문/환불/배송/교환정책
    [머 리 말]


    그 뜨거웠던 여름도 결국은 가고 가을이 서서히 오고 있음을 느끼는 계절입니다. 매번 변화하는 계절과 같이 그렇게 항상 내 주위는 변하고 그렇게 나도 변해가라고 세상은 재촉하는 것 같습니다.
    어린 시절부터 항상 책을 사면 머리말 아닌 책표지부터 꼼꼼히 읽어야 한다는 아버지 말씀에 언제나 대법전을 읽는 지금까지도 그 강박관념을 버리지 못하는 저이기에 머리말 쓰기는 300p가 넘는 책만들기보다 더더욱 부담되는 것은 어쩌면 당연한 것일지도 모릅니다.
    하지만 이 책을 출간하기까지 너무 많은 시간과 노력과 고민과 피와 땀(더더욱 거창한 표현을 쓰고 싶지만)을 생각하고 또 본 머리말이 이 책의 정확한 취지를 전달하고자 하는 생각으로 저는 서슴없이 펜을 들 수가 있었습니다.

    본 율시리즈 민사소송법은 실제 제가 사법고시 2차 수험과정, 그리고 로스쿨 재학시절에 고민하고 정리한 자료들을 바탕으로 변호사시험 및 공인노무사 등 각종 국가고시에서의 민사소송법의 비중 등을 고려하여 최대한 수험적합적인 방향으로 구성하였습니다.
    사법고시 2차 경험이 있었던 저로써도 실제 변호사시험대비 및 로스쿨 재학시절 중간, 기말고사 및 민사소송법 객관식 사례형 대비를 하는 것에 힘든 점이 있었기에, 처음 민사소송을 접하시는 분은 물론이고 이미 어느 정도 민사소송법의 개념을 익히신 분들 모두 본 수험서로 객관식 및 사례형을 합격점수로 끌어 올릴 수 있게 정리하도록 이 책을 만들게 되었습니다.

    민사소송법이라는 절차법의 특성상 전체를 조망할 수 있도록 최대한 목차를 세분화 하였고 각 목차별 쟁점정리에서는 실제 답안지에 반드시 적시해야할 키워드를 강조하여 수험생이 따로 쟁점카드를 작성하는 번거로움을 최대한 덜고자 하였습니다.

    언제나 책을 출간하는 것은 설레기도 하고 부담되기도 합니다. 하지만 합격을 위한 단 한권의 책이 필요했던 수험생 시절부터 저의 마음은 언제나 가슴 한편에 자리 잡고 있기에 그렇게 본 민사소송법 책을 자신있게 건네드릴 수 있습니다.
    이 책이 나오기까지 도움주신 프라임 대표님과 출판사 관계자 분들, 하나하나 교정까지 신경써 주신 우리 한차장님 너무 감사드립니다.
    마지막으로 언제나 제 삶의 원동력이 되어주시는 가족들 그분들을 위해서 저는 오늘도 묵묵히, 노력하고 변화하고자 힘차게 걸어나갑니다.


    [목   차]


    제1편 총론 21

    제2편 소송주체 23
    제1장❘법원 24
    제2장 당사자

    제3편 제1심의 소송절차 69
    제1장❘소송의 개시 - 소제기와 피고답변 70
    제2장❘변론 89
    제3장❘증거 113
    제1절 자백(주요사실을 주장한 경우) 113
    제2절 부인(주요사실을 부인한 경우) 114
    제3절 문서의 증거능력 115
    제4절 문서의 증거력 115

    제4편 소송의 종료 139
    제1장❘총설 140
    제1절 소송종료사유 140
    제2절 소송종료선언 140
    제2장❘당사자의 행위에 의한 종료 141
    제3장❘종국판결에 의한 종료 146
    제1절 재판일반 146
    제2절 판결 146
    제1관 판결의 종류 ··············································································· 146
    1. 중간재판 ····················································································· 146
    2. 종국판결 ····················································································· 146
    제2관 판결의 성립 ··············································································· 147
    1. 판결내용의 확정 ········································································· 147
    2. 판결서 ························································································· 147
    3. 판결선고 ····················································································· 147
    제4관 종국판결의 부수적 재판 ···························································· 150
    제5관 판결 그밖의 효력 ······································································· 150
    제6관 판결의 무효 ··············································································· 151

    제5편 병합소송 155
    제1장❘병합청구 소송 156
    제2장❘다수당사자 169

    제6편 상소심 절차 191
    제1장❘상소 192
    제2장❘항소 198
    제3장❘상고 202

    쟁점 민사소송법
    [1] 쟁점:① 관할 ② 제소전 사망 ③ 기판력 209
    ∙ 보충논점:합의의 모습 - 부가적 합의와 전속적 합의 ···················· 211 
    ∙ 보충논점:관할에 관한 이론정리 ······················································ 212
     관할 ····························································································· 212
     전속관할 ······················································································ 213
     사물관할 ······················································································ 214
     관련재판적(병합청구의 재판적) ··················································· 216
     합의관할 ······················································································ 217
     변론관할 ······················································································ 219
    [2] 쟁점:당사자의 확정 221
    [3] 쟁점:① 기판력의 본질 ② 소송물이론 223
    [4] 쟁점:독립당사자 참가 상소불가분의 원칙 225
    ∙ 보충논점:상소에 관한 쟁점 ····························································· 226
    ∙ 보충판례 ····························································································· 226
    [5] 쟁점:문서의 형식적 증거력과 실질적 증거력 230
    [6] 쟁점:날인의 추정 232
    ∙ 보충논점:문서의 형식적 증거력(=진정성립) ···································· 233
    [7] 쟁점:소송능력 235
    [8] 쟁점:조합의 소송수행 방안 238
    [9] 쟁점:임의대리인과 법정대리인의 비교 241
    [10] 쟁점:처분권주의와 변론주의 246
    ∙ 보충판례
     처분권 주의 ················································································· 250
     변론주의 ······················································································ 251
     석명권 ·························································································· 253
    [11] 쟁점:①채권자 대위소송 ②반소 ③중복소송 257
    ∙ 보충논점:당사자 적격 ······································································ 261
    [12] 쟁점:①채권자 대위소송 ②중복소송 ③재소금지원칙 264
    ∙ 보충판례
     채권자대위소송관련 중요 판례 ··················································· 267
     소송물관련 중요판례 ··································································· 270
     기판력에 관한 중요 판례 ···························································· 272
    [13] 쟁점:기판력 종합연습 282
    [14] 쟁점:소송종료선언 288
    [15] 쟁점:증명책임 290
    [16] 쟁점:공동소송인 독립의 원칙 294
    [17] 쟁점:환송판결의 기속력 297
    [18] 쟁점:관할위반에 의한 이송 299
    [19] 쟁점:채권 추심의 소가 중복 소송에 해당되는지 여부 304
    ∙ 보충판례
     추심 명령에 관련한 최신 판례 입장 ·········································· 307
     중복소송 최신 판례 ····································································· 312
    [20] 쟁점:필수적 공동 소송 314
    ∙ 보충논점:필수적 공동소송 ······························································· 317
    [21] 쟁점:공유물 분활청구의 소 320
    [22] 쟁점:소취하 합의의 성질 324
    ∙ 보충판례:소취하 합의 ······································································ 326
    [23] 쟁점:상소의 이익 327
    ∙ 보충판례:상소의 이익 ······································································ 329
    [24] 쟁점:변론 종결 뒤 승계인 판단 331
    ※ 기록형 정리
    [1] 청구취지 기재례 쓰기 ···································································· 334
    [2] 기록 강의안 ···················································································· 344
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