의사표시의 진술을 구하는 소송의 소의 이익

• 영문명: A Case Study on the Interest of Action to Request for Declaration of Intention
• 발행기관: 한국민사소송법학회
• 저자명: 김상수(KIM Sangsoo)
• 간행물 정보: 『민사소송』제21권 제1호, 157~177쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.05.30

영문 초록

The precedent taken up in this study is that request for declaration of intention is interpreted as having no interest of action. It can be said that this case is judgment based on common sense. This is because the court does not have to make a judgment on this matter unless there is any interest in the winning judgment that plaintiff obtains. This study is considering an exceptional interpretation of the case that there is no interest of action in this request. The order of discussion first analyzes judicial precedents. Next, I introduce the theory and then write my opinion with reference to Japanese precedents and theories with a similar judicial system. It is difficult to agree with the interpretation that the case should be dismissed because there is no actual benefit in action for performance. That the court pre-paid an action for reasons interest of action is not useful for the growth of people s rights. Whether or not such claim right is profitable should, in principle, be left to the parties as an subject merit problem. In conclusion this study presented a conclusion against the interpretation of the case.

목차

Ⅰ. 사실관계

Ⅱ. 판결요지

Ⅲ. 평 석

참고문헌

키워드

소의 이익 의사표시 진술청구 강제집행 이행소송 광의의 집행력 Interest of Action Request for Declaration of Intention Civil Enforcement Action for Performance Enforcement Power in a Broad Sense