독립당사자참가소송에서의 소송탈퇴

• 영문명: The Withdrawal from Litigation in Intervention as independent Party
• 발행기관: 원광대학교 법학연구소
• 저자명: 피정현(Pee Jung Hyun)
• 간행물 정보: 『원광법학』제31권 제1호, 65~96쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.03.30

영문 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 Provided, that the judgement shall also become effective for the Party who has so withdrawn.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.

목차

Ⅰ. 문제의 제기

Ⅱ. 소송탈퇴의 성질론 (소송탈퇴자에게 판결효과 미치는 근거)

Ⅲ. 탈퇴의 요건에 관하여

Ⅳ. 소송탈퇴의 효과

Ⅵ. 결론

참고문헌

키워드

독립당사자참가 소송탈퇴 소송신탁설 청구의 포기ㆍ인낙 판결의 효력 피고의 경정 상대방의 승낙 사해방지참가 Intervention as Independent Party Withdrawal from the Suit Withdrawer Claim Consent of the Opponent Litigation Trust