답변서ㆍ준비서면 총서 (민사 행정 가사 등 | 4 판 | 양장본 Hardcover)

답변서ㆍ준비서면 총서 (민사 행정 가사 등 | 4 판 | 양장본 Hardcover)

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Vendor: 진원사 - 김덕원.김동근 지음
Type: 소송/판례
SKU: 9791198539274
Categories: ALL BOOKS
Tags: 김덕원.김동근 지음 답변서준비서면총서민사행정가사등4판양장본Hardcover 정치/사회_법학 진원사
Description
민사소송절차에서, 피고는 원고가 제출한 소장을 받아보고 원고의 청구를 인정할 수 없으면 30일 이내에 답변을 밝히는 최초의 서면을 작성하는데 이를 답변서라고 하며, 원고 또는 피고가 소장이나 답변서 제출 이후 추가적인 주장, 입증사항 등을 밝혀야 하는데 이를 준비서면이라고 합니다.
본서의 구성을 보면,
본서는 제10장으로 나뉘어, 제1장과 제2장에서는 이론부분을 실었고,
제3장, 제4장에서는 민사, 가사, 행정, 신청사건에 관한 각종 답변서 및 준비서면을 풍부하게 수록하였고,
제5장, 제6장에서는 반소장과 항소장을.
제7장에서는 증인신문사항의 서식(예)을,
제8장에서는 요건사실 및 입증방법을,
제9장에서는 소송실무양식 및 예시를,
제10장에서는 소송실무자료를 각 수록하였습니다.
특히 이 책은 법률실무가들뿐만 아니라 일반인들에게도 실질적인 도움을 주고자 발간한 책으로, 해당부분을 충분히 이해하고 활용한다면 누구나 타인의 권리침해로 인한 피해를 최소화 할 수 있을 것입니다.
저자

김덕원.김동근 지음

광주지방법원 완도등기소 근무, 광주지방법원 해남지원 근무, 법무사 유재룡사무소 외 사무장(11년), 법률사무소 율산 사무장, 변호사 이철원 법률사무소 사무장. 주요논저로는 '금융기관 민사사건 실무', '유형별 답변서, 준비서면 총서', '소가, 인지산정 사례집', '계약서, 내용증명, 고소(발)장'이 있다.

목차

제1장 답변서 제출과 변론준비절차
제1절 답변서의 제출과 심사··················································································3
1. 답변서 제출····································································································3
가. 답변서의 제출의무······················································································3
나. 답변서의 기재 사항과 첨부서류····································································3
다. 답변서가 제출되지 않는 경우·······································································3
라. 답변서 제출과 비제출의 효과·······································································4
2. 답변서의 심사·································································································5
가. 참여사무관에 의한 심사·············································································· 5
나. 재판장의 기록심사와 사건처리방향의 결정·····················································6
다. 조기 1회기일 방식····················································································· 6
제2절 본안을 다투는 방법·····················································································7
1. 원고의 청구취지에 대한 답변············································································7
가. 원고의 청구를 인정하는 경우·······································································7
나. 원고의 청구를 다투는 경우··········································································7
다. 가집행면탈선고의 신청················································································7
라. 원고의 청구를 조건부로 인정한 때······························································· 8
2. 원고의 청구원인에 대한 답변············································································8
가. 원고가 주장하는 청구원인사실에 대한 피고의 주장태도 분류··························· 8
나. “다투지 않는다”라고 하는 것······································································· 8
다. “다툰다”라고 하는 것··················································································9
라. 항 변···································································································· 10
제3절 변론준비절차·····························································································12
1. 변론준비절차란························································································· 12
2. 변론준비절차의 내용··················································································12
3. 준비서면의 제출························································································12
4. 준비서면의 기재사항··················································································13
5. 준비서면의 제출기한··················································································13
6. 준비서면을 제출하지 아니한 경우 불이익······················································13
7. 준비서면공방···························································································· 14
제4절 반 소·······································································································14
1. 반소의 개념······························································································14
2. 반소의 효용······························································································15
3. 반소의 요건······························································································16
제2장 증인신문 및 당사자신문
제1절 증인신문··································································································· 19
1. 증인신문의 진행························································································19
2. 격리신문과 재정신문··················································································19
3. 대질신문·································································································· 19
4. 대동증인과 재정증인··················································································20
제2절 당사자신문································································································ 20
1. 의 의····································································································· 20
2. 당사자신문 절차························································································21
제3장 답변서(유형별) 서식
제1절 민사소송사건 관련·····················································································27
[답변서 1] 대여금 관계(피고의 무보증)·························································· 27
[답변서 2] 대여금 관계(이자제한법)·······························································29
[답변서 3] 대여금 관계(특별한정상속승인)······················································ 31
[답변서 4] 대여금 관련(한정상속승인)····························································34
[답변서 5] 대여금 관계(한정상속승인)····························································37
[답변서 6] 대여금 관계(한정상속승인)····························································39
[답변서 7] 대여금 관계(한정상속승인)····························································41
[답변서 8] 대여금 관계(한정상속승인)·············

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