국가소송실무개요(최근 개정된 법률과 규정에 의한)

제1장 국가소송

제1절 국가소송 절차

1. 국가소송의 의의 ·············································································· 3

2. 국가소송 지휘체계 ··········································································· 5

제2절 민사소송절차

1. 민사소송의 기초개념 ····································································· 11

2. 소송실무 서면작성·제출 방법 ······················································· 11

제2장 국가소송의 수행

제1절 소제기 절차

1. 소제기〔본안〕··················································································· 23

2. 보전처분의 신청 ············································································ 27

3. 반소 ································································································· 33

4. 지급명령 ························································································· 35

제2절 응소

1. 응소절차 ························································································· 37

2. 소송참가 및 소송고지 ··································································· 40

제3절 소송의 진행

1. 소장부본의 접수 ············································································ 45

2. 소송수행안내문 ·············································································· 45

3. 소송수행자지정 ·············································································· 46

4. 답변서와 준비서면 ········································································· 46

5. 쟁점정리 기일의 진행 ··································································· 52

6. 변론기일의 진행 ············································································ 53

7. 증거제출과 증거조사 ····································································· 55

제4절 제1심 종료와 상소심

1. 소송의 종료 ···················································································· 63

2. 상소심 절차 ···················································································· 74

3. 판결확정 후 조치 ·········································································· 78

4. 구상권 행사 ···················································································· 80

5. 재심 ································································································· 82

6. 소송수행해태 ·················································································· 84

제5절 문서 작성례

1. 별지서식 ························································································· 85

2. 각종 양식 예시 ·············································································· 85

[서식 예] 이행권고결정에 대한 이의신청서 ····································· 87

[서식 예] 이의신청서 ········································································· 88

[서식 예] 변론재개신청서 ·································································· 89

[서식 예] 소취하부동의서 ·································································· 90

[서식 예] 국가배상소송 소장 ···························································· 91

[서식 예] 기타 소장 ··········································································· 93

[서식 예] 청구취지 예시 ···································································· 95

[서식 예] 당사자표시정정신청서 ······················································· 96

[서식 예] 답변서 ················································································· 97

[서식 예] 답변서 ················································································· 98

[서식 예] 답변서 ··············································································· 100

[서식 예] 답변서 ··············································································· 102

[서식 예] 준비서면 ··········································································· 104

[서식 예] 준비서면 ··········································································· 105

[서식 예] 준비서면 ··········································································· 106

[서식 예] 증인신청서 ······································································· 107

[서식 예] 증인진술서 ······································································· 108

[서식 예] 증인신청서(증인신문방식) ··············································· 110

[서식 예] 증인여비포기서 ································································ 112

[서식 예] 문서등본부촉탁신청서 ····················································· 113

[서식 예] 사실조회신청서 ································································ 114

[서식 예] 현장검증신청서 ································································ 116

[서식 예] 현장검증 및 감정신청서 ··············································· 117

[서식 예] 감정신청서(무인) ····························································· 118

[서식 예] 신체감정신청서 ································································ 119

[서식 예] 문서제출명령신청서 ························································· 121

[서식 예] 항소장 ··············································································· 122

[서식 예] 상고장 ··············································································· 124

[서식 예] 답변서 ··············································································· 126

제3장 손해배상소송실무

제1절 개요

1. 개념 ······························································································· 129

2. 소송수행 중 착안사항 ································································· 141

제2절 사건유형별 검토

1. 수사기관 직무관련 손해배상 ······················································ 144

2. 군대 관련 손해배상 ····································································· 157

3. 교도관 직무관련 손해배상 ·························································· 158

4. 법원 관련 손해배상 ····································································· 163

5. 과거사 인권침해 손해배상 ·························································· 164

6. 도로의 설치 및 관리상 하자로 인한 손해배상 ······················· 171

7. 항공기 소음 관련 손해배상 ························································ 179

8. 각종 집회 및 시위 관련 손해배상 ············································· 187

9. 의료, 보건, 국가의 연구기관 관련 손해배상 ···························· 189

제4장 부동산소송실무

제1절 개요

제2절 사건유형별 검토

1. 소유권 확인소송 ·········································································· 193

2. 소유권보존등기 말소소송 ···························································· 206

3. 부동산 점유취득시효소송 ···························································· 212

4. 등기부 취득시효소송 ··································································· 222

제5장?사해행위취소

제1절 개요

1. 개념 ······························································································· 229

2. 소송요건 ······················································································· 229

제2절 소송사례

1. 입증사항 ······················································································· 232

2. 유의사항 ······················································································· 233

부록

▣ 국가배상법 ··················································································· 241

▣ 소송촉진법 ··················································································· 249

▣ 민사소송법 ··················································································· 261

▣ 민사소송 등에서의 전자문서 이용 등에 관한 법률 ················· 361

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