부당판결의 집행에 대한 구제방법

• 영문명: The Remedy for Execution of Undue Judgement
• 발행기관: 한국민사법학회
• 저자명: 최두진(Choi, Doo Jin)
• 간행물 정보: 『민사법학』제38호, 647~681쪽, 전체 35쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2007.09.30

영문 초록

Generally, when parties and a court have done as hard as they can do, a judgement becomes final and conclusive. So the judgement has res judicata, executive power and formative power. But though a judgement is final and conclusive, this one is often out of accordance with the real existence. These judgements is called undue judgement and can not be agreed to execute. The execution of this judgement is also undue execution. The present time theories and cases approve to allow a lawsuit of demurror against claims for execution of undue judgement without the process of retrial. If the judgement have executed, also allow to claim damages, but not approve to claim unjust enrichment. In my opinion, in the case of a judgement is apparently wrong, to this judgement executive power must be denied, and might allow to claim damages and to claim unjust enrichment.

목차

Ⅰ. 서론

Ⅱ. 소송법상의 구제방법

Ⅲ. 실체법상의 구제수단

Ⅳ. 결론

키워드

a final and conclusive judgement undue judgement fraudulent judgement undue execution invalidity of judgement retrial subsequent supplement of appeal res judicata lawsuit of demuror against claims