변론종결 후의 승계인에 대한 기판력 · 집행력의 확장

다국어 초록 (Multilingual Abstract)

"Res iudicata"(Latin for "matter already judged") happens in principle only at person concerned and does not influence on a third party. Also, because joint litigant in the essential joint action or plaintiff․ defendant․ participation litigant in the independence person concerned participation lawsuit are the parties to a lawsuit, res iudicata reaches even in these people. Namely, that is the principle that res iudicata reaches only a person who has an opportunity submitting attack and defense method as a person concerned in litigation. Because enforcing litigation sequence on third party who don't have an opportunity that can claim and defend oneself's right is not improper in third party's viewpoint of formality guarantee as the purpose of litigation is clarification of right relation beween dispute person concerned. Consequently res iudicata does not reach to counsel, assistance participa tion or ordinary joinder mutually as well as third party of intervention. Accordingly, res iudicata that is full to legal principle of own responsibility which follows disposition principle by the person concerned has hard times relativity while res iudicata is reconciled with target of litigation that solve dispute beween person concerned in efficacy though that has public law character. But res iudicata reaches power in the third party who is the close relation with the person concerned in order to secure effectiveness of troubleshooting between the person concerned. Successors who is concluded argument, presumed successors, requisition right reversion subject from third person lawsuit charge, lawsuit secession person etc. are them. In particular, it can secure the troubleshooting effect in compliance with a judgement by doing so that successor receives pace of res iudicata in relation with counterpart after couclusion of argument. By the way, there is confrontation of opinion about that board power includes in extended successor's extent in this case though there is occasion that position of individual substantial law, that is, unique protest rights (Unique margin) that this successor can oppose against about other person's claim of right own bring. Also, when there is peculiar defense method along with extension of res iudicata, there is a problem whether executive power reaches. Hereupon, in this paper we search the confrontation and the meaning of realism · formalism referred res iudicata expansion and execution power extension when successor has the unique rights of defense regarding successors' extent after argument conclusion. Also, we wish to examine about the policy of presumed successor etc. that make as theoretical basis in formalism.

목차 (Table of Contents)

• Ⅰ. 문제의 제기
• Ⅱ. 변론종결 후의 승계와 기판력 확장
• 1. 서
• 2. 실질설
• 3. 形式說
• 4. 不必要說
• 5. 小結
• Ⅲ. 변론종결후의 승계와 집행력 확장
• 1. 序
• 2. 實質說
• 3. 形式說
• 4. 權利確認說
• 5. 提訴責任轉換說
• 6. 小結
• Ⅳ. 추정승계인
• 1. 意義 및 制度的 趣旨
• 2. 승계사실을 진술할 자
• 3. 입증책임의 완화
• 4. 소결
• Ⅴ. 결 어
• 참 고 문 헌