말소등기청구소송의 소송물과 기판력

• 영문명: The object of a lawsuit and the Res Judicata of Claim Removing Void Title
• 발행기관: 한국민사소송법학회
• 저자명: 나현(HYUN NA)
• 간행물 정보: 『민사소송』제16권 제1호, 235~280쪽, 전체 46쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.05.30

영문 초록

The Supreme Court of Korea has decided that the extent of the Res Judicata(claim preclusion) correspond with the object of the suit, so at claim removing void title(the suit for registration cancelating) the object of the suit don’t change in spite of altering the reason for cancelation in another claim. But this article emphasizes that the object of claim removing void title is variable according to the type of the reason for cancelation. Therefore the Res Judicata of the claim removing void title should be applied according to the type of the reason for cancelation. “The loss of plead right” refers to exclusion of other plead after the final judgement by authority of the Res Judicata. This article attempts to search the basis and the extent of it, and apply it to the claim removing void title. The loss of plead right should be grasped on the basis of the principles of responsibility in the private law(including the civil process law). “The rule of faithfulness and sincerity” written at “THE CIVIL PROCESS LAW” of KOREA(§1②) causes the demand that the parties should present and submit the all materials in the first civil process for settling the dispute at one time, called “responsibility of plead” at this article. The loss of plead right should be grasped in the category of that responsibility, so the loss of plead right about the reason for cancelation at the claim removing void title should be applied only after that responsibility.

목차

Ⅰ. 서설

Ⅱ. 말소등기청구의 청구원인

Ⅲ. 말소등기청구소송의 소송물

Ⅳ. 말소등기청구소송 판결의 기판력

Ⅴ. 맺는말

참고문헌

키워드

말소등기청구소송 소송물 기판력 차단효 신의칙 제출책임 the claim removing void title the object of a lawsuit the claim preclusion– Res Judicata the loss of plead right the rule of faithfulness and sincerity the responsibility of plead