2022년 민사소송법 중요판례평석

초록

This article analyzes important decisions of the Supreme Court related to the “Civil Procedure Act” among the precedents published in 2022. Formally, the title of this article is a case analysis, but for the purpose of the special edition of the Journal of the Korean Bar Association, 「Human Rights and Justice」, it is clear that it is only a general analysis for practical needs rather than a detailed theoretical analysis. There have been many cases which the Supreme Court has reversed and remanded. These were not the errors resulting from the interpretation and application of legal principles in the original decisions, but rather a mistake, such as failing to properly identify and examine the case because it was not a typical case or a case that could normally develop. This article analyzed a total of 10 cases, the judgments [1], [2] related to jurisdiction, the judgment [3] about standing to sue, the judgment [4] about benefit of lawsuit, the judgment [5] about clarification or indication responsibility, the judgment [6] about prohibition of re-litigation, the judgment [7] about the nature of recognition and acceptance of the claim, the judgment [8] about the subjective scope of res judicata, the judgment [9] about requirements for intervention as independent party, and the judgment [10] about incidental appeal. [1] to [9] are the judgments which the Supreme Court reversed and remanded. [10] is the judgment dismissing the appeal while narrowly handling the original decision, which was tried without being aware of because of the appeal submitted after the appeal period, as an incidental appeal at the Supreme Court stage. It is not that there are no meaningful precedents other than the 10 cases above, but due to space constraints, all of them could not be covered here, and a few additional precedents are briefly introduced at the end.

키워드