건축분쟁 소송실무 (4 판 | 양장본 Hardcover)

김동근.김요한 지음

행정사, 법학박사이다. 숭실대학교 법학과 졸업, 숭실대학교 대학원 법학과 졸업(법학박사 -행정법)했다. 대한민국법률전문도서 최다출간(KRI 한국기록원 공식인증)했다. 현재 숭실대학교 초빙교수, 중앙법률사무교육 교수, 공인행정사협회, 법제위원회 법제위원장,공인행정사협회 행정심판전문가과정 전임교수, YMCA병설 월남시민문화연구소 연구위원, 대한부동산학회 이사, 한국토지공법학회 정회원내외일보ㆍ내외경제신문 논설위원으로 활동하고 있다. 서울시장후보 법률특보단장, 한국부동산경영학회 섭외분과위원외 분과위원 경력이 있다. 저서로는 핵심 재개발ㆍ재건축분쟁실무(진원사), 부동산소송(진원사), 건축분쟁소송실무(진원사), 건축법 이론 및 실무(진원사), 주택법 이론 및 실무(진원사), 국토계획법 이론 및 실무(진원사), 도시개발법 이론 및 실무(진원사), 한권으로 끝내는 토지수용보상실무(법률출판사) 등이 있다.

제1장 건설분쟁
제1절 건설분쟁의 의의 및 성격_ 3
Ⅰ. 건설분쟁의 의의·································································································· 3
Ⅱ. 건설분쟁의 성격·································································································· 4
제2절 건설관련 분쟁의 형태 및 특성_ 5
Ⅰ. 건물의 건축에 관한 분쟁의 형태············································································· 5
Ⅱ. 건축생산시스템의 특수성에서 발생하는 분쟁의 특성··················································· 5
Ⅲ. 대상의 성질과 당사자의 의식에 근거하는 분쟁의 특성·················································7
제3절 건축관계소송의 심리상의 모든 문제_ 8
Ⅰ. 심리실무에 있어서의 문제점···················································································8
1. 기술적 측면과 전문적 식견의 도입····································································8
2. 쟁점의 복잡성, 방대성·····················································································8
3. 사실인정의 곤란성·························································································· 9
Ⅱ. 건축관계소송의 심리상의 유의점··········································································· 10
1. 쟁점의 복잡성 방대성에의 대처······································································ 10
가. 하자를 주장하는 경우의 법률구성_ 10 나. 하자의 주장방법_ 11
2. 사실인정의 곤란함 극복과 효율적인 증거 조사················································· 12
제4절 재판 외 분쟁해결 방법_ 14
Ⅰ. 의 의············································································································· 14
Ⅱ. 건설분쟁조정위원회···························································································· 14
1. 설립근거와 구성··························································································· 14
가. 설립근거_ 14 나. 구 성_ 15
2. 조정대상······································································································15
3. 조정절차 및 조정의 효과··············································································· 15
Ⅲ. 환경분쟁조정위원회···························································································· 16
1. 설립근거······································································································16
2. 조정대상······································································································16
가. 중앙환경분쟁위원회의 조정대상_ 16
나. 지방환경분쟁조정위원회의 조정대상_ 17
3. 조정절차 및 조정의 효과··············································································· 17
Ⅳ. 건설하도급분쟁조정협의회····················································································17
1. 설립근거와 구성··························································································· 17
2. 조정대상······································································································18
3. 조정절차 및 조정의 효과··············································································· 18
Ⅴ. 공정거래위원회··································································································26
1. 설립근거······································································································26
2. 심사대상······································································································26
가. 공정거래법 적용대상이 아닌 행위유형_ 26 나. 하도급법 적용대상이 아닌 유형_ 27
다. 약관심사의 대상이 아닌 행위유형_ 27
3. 시정･권고조치······························································································ 28
Ⅵ. 하자심사･분쟁조정위원회····················································································· 28
1. 설치근거······································································································28
2. 심사･조정대상······························································································ 28
3. 조정의 효력································································································· 28
Ⅶ. 법원의 민사조정제도···························································································29
제 2 장 건설관련 보전처분
제1절 서 론_ 35
제2절 가 압 류_ 36
Ⅰ. 가압류의 의의··································································································· 36
Ⅱ. 가압류의 종류··································································································· 36
Ⅲ. 관 할············································································································· 36
Ⅳ. 피보전권리········································································································37
1. 금전채권이나 금전으로 환산할 수 있는 채권일 것············································· 37
2. 청구권이 성립하여 있을 것············································································ 37
3. 통상의 강제집행에 적합한 권리일 것·······························································38
Ⅴ. 보전필요성········································································································38
Ⅵ. 가압류 재판 및 집행상 유의사항··········································································· 38
1. 서면심리········