건축분쟁 소송실무 (4 판 | 양장본 Hardcover)

김동근.김요한지음

행정사,법학박사이다.숭실대학교법학과졸업,숭실대학교대학원법학과졸업(법학박사-행정법)했다.대한민국법률전문도서최다출간(KRI한국기록원공식인증)했다.현재숭실대학교초빙교수,중앙법률사무교육교수,공인행정사협회,법제위원회법제위원장,공인행정사협회행정심판전문가과정전임교수,YMCA병설월남시민문화연구소연구위원,대한부동산학회이사,한국토지공법학회정회원내외일보ㆍ내외경제신문논설위원으로활동하고있다.서울시장후보법률특보단장,한국부동산경영학회섭외분과위원외분과위원경력이있다.저서로는핵심재개발ㆍ재건축분쟁실무(진원사),부동산소송(진원사),건축분쟁소송실무(진원사),건축법이론및실무(진원사),주택법이론및실무(진원사),국토계획법이론및실무(진원사),도시개발법이론및실무(진원사),한권으로끝내는토지수용보상실무(법률출판사)등이있다.

제1장건설분쟁
제1절건설분쟁의의의및성격_3
Ⅰ.건설분쟁의의의··································································································3
Ⅱ.건설분쟁의성격··································································································4
제2절건설관련분쟁의형태및특성_5
Ⅰ.건물의건축에관한분쟁의형태·············································································5
Ⅱ.건축생산시스템의특수성에서발생하는분쟁의특성···················································5
Ⅲ.대상의성질과당사자의의식에근거하는분쟁의특성·················································7
제3절건축관계소송의심리상의모든문제_8
Ⅰ.심리실무에있어서의문제점···················································································8
1.기술적측면과전문적식견의도입····································································8
2.쟁점의복잡성,방대성·····················································································8
3.사실인정의곤란성··························································································9
Ⅱ.건축관계소송의심리상의유의점···········································································10
1.쟁점의복잡성방대성에의대처······································································10
가.하자를주장하는경우의법률구성_10나.하자의주장방법_11
2.사실인정의곤란함극복과효율적인증거조사·················································12
제4절재판외분쟁해결방법_14
Ⅰ.의의·············································································································14
Ⅱ.건설분쟁조정위원회····························································································14
1.설립근거와구성···························································································14
가.설립근거_14나.구성_15
2.조정대상······································································································15
3.조정절차및조정의효과···············································································15
Ⅲ.환경분쟁조정위원회····························································································16
1.설립근거······································································································16
2.조정대상······································································································16
가.중앙환경분쟁위원회의조정대상_16
나.지방환경분쟁조정위원회의조정대상_17
3.조정절차및조정의효과···············································································17
Ⅳ.건설하도급분쟁조정협의회····················································································17
1.설립근거와구성···························································································17
2.조정대상······································································································18
3.조정절차및조정의효과···············································································18
Ⅴ.공정거래위원회··································································································26
1.설립근거······································································································26
2.심사대상······································································································26
가.공정거래법적용대상이아닌행위유형_26나.하도급법적용대상이아닌유형_27
다.약관심사의대상이아닌행위유형_27
3.시정･권고조치······························································································28
Ⅵ.하자심사･분쟁조정위원회·····················································································28
1.설치근거······································································································28
2.심사･조정대상······························································································28
3.조정의효력·································································································28
Ⅶ.법원의민사조정제도···························································································29
제2장건설관련보전처분
제1절서론_35
제2절가압류_36
Ⅰ.가압류의의의···································································································36
Ⅱ.가압류의종류···································································································36
Ⅲ.관할·············································································································36
Ⅳ.피보전권리········································································································37
1.금전채권이나금전으로환산할수있는채권일것·············································37
2.청구권이성립하여있을것············································································37
3.통상의강제집행에적합한권리일것·······························································38
Ⅴ.보전필요성········································································································38
Ⅵ.가압류재판및집행상유의사항···········································································38
1.서면심리······································································································38
2.소명방법······································································································3