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

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

$144.24
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.김동근지음

광주지방법원완도등기소근무,광주지방법원해남지원근무,법무사유재룡사무소외사무장(11년),법률사무소율산사무장,변호사이철원법률사무소사무장.주요논저로는'금융기관민사사건실무','유형별답변서,준비서면총서','소가,인지산정사례집','계약서,내용증명,고소(발)장'이있다.

목차

제1장답변서제출과변론준비절차
제1절답변서의제출과심사··················································································3
1.답변서제출····································································································3
가.답변서의제출의무······················································································3
나.답변서의기재사항과첨부서류····································································3
다.답변서가제출되지않는경우·······································································3
라.답변서제출과비제출의효과·······································································4
2.답변서의심사·································································································5
가.참여사무관에의한심사··············································································5
나.재판장의기록심사와사건처리방향의결정·····················································6
다.조기1회기일방식·····················································································6
제2절본안을다투는방법·····················································································7
1.원고의청구취지에대한답변············································································7
가.원고의청구를인정하는경우·······································································7
나.원고의청구를다투는경우··········································································7
다.가집행면탈선고의신청················································································7
라.원고의청구를조건부로인정한때·······························································8
2.원고의청구원인에대한답변············································································8
가.원고가주장하는청구원인사실에대한피고의주장태도분류···························8
나.“다투지않는다”라고하는것·······································································8
다.“다툰다”라고하는것··················································································9
라.항변····································································································10
제3절변론준비절차·····························································································12
1.변론준비절차란·························································································12
2.변론준비절차의내용··················································································12
3.준비서면의제출························································································12
4.준비서면의기재사항··················································································13
5.준비서면의제출기한··················································································13
6.준비서면을제출하지아니한경우불이익······················································13
7.준비서면공방····························································································14
제4절반소·······································································································14
1.반소의개념······························································································14
2.반소의효용······························································································15
3.반소의요건······························································································16
제2장증인신문및당사자신문
제1절증인신문···································································································19
1.증인신문의진행························································································19
2.격리신문과재정신문··················································································19
3.대질신문··································································································19
4.대동증인과재정증인··················································································20
제2절당사자신문································································································20
1.의의·····································································································20
2.당사자신문절차························································································21
제3장답변서(유형별)서식
제1절민사소송사건관련·····················································································27
[답변서1]대여금관계(피고의무보증)··························································27
[답변서2]대여금관계(이자제한법)·······························································29
[답변서3]대여금관계(특별한정상속승인)······················································31
[답변서4]대여금관련(한정상속승인)····························································34
[답변서5]대여금관계(한정상속승인)····························································37
[답변서6]대여금관계(한정상속승인)····························································39
[답변서7]대여금관계(한정상속승인)····························································41
[답변서8]대여금관계(한정상속승인)····························································43
[답변서9]대여금관계(한정상속승인)····························································44
[답변서10]대여금관련(상속포기)···