공유건물에 대한 철거청구소송

• 영문명: The Litigation to Removal of a Building in Co-Ownership
• 발행기관: 한국민사소송법학회
• 저자명: 김상수(Kim, Sang Soo)
• 간행물 정보: 『민사소송』제18권 제1호, 215~246쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.05.30

영문 초록

This study takes up the three following points of argument. (1) Is it the compulsory joint litigation in an application of removal of a building in co-ownership? (2) What kind of litigation may the plaintiff submit to one of co-owners? (3) How do the enforcement proceedings advance? About such problems, this study advanced the argument based on the judicial precedent and theory of our country and it of Japan which had big influence on our country. The conclusion is arranged as follows. (1) The litigation to removal of a building in co-ownership is not the compulsory joint litigation. (2) The removal obligation of the co-owners is indivisible obligation and they have to carry out the obligation of all each one in principle. (3) When building in co-ownership is entered, the plaintiff may ask all or some of co-owners on a register for the building. (4) It is as follows when building in co-ownership is not entered. If a court is also judged that part-owners are not in others and judgment is rendered when the plaintiff which does not know all of co-owners brings a litigation by making the part into a defendant, even if other co-owners become clear after judgment, the effect of judgment to the co-owners arises in principle.

목차

Ⅰ. 들어가며

Ⅱ. 공유자를 상대로 하는 소송은 필수적 공동소송인가

Ⅲ. 청구취지 및 판결효와 관련된 논점

Ⅳ. 공유건물철거청구의 집행

Ⅴ. 마치며

참고문헌

키워드

공유건물 철거청구 불가분채무 필수적 공동소송 철거청구의 집행 building in co-ownership application of removal indivisible obligation compulsory joint litigation enforcement of an application of removal