2008년 민사소송법 판례 연구

Among the decisions of the Supreme Court in civil procedure law during 2008 several new decisions were sentenced about the subjective-alternative co-litigation notably as follows. 1. In accordance with the precedent decision in 2007 was emphasized the condition of the subjective alternative co-litigation and was admitted the case of late claim in the subjective-alternative co-litigation. 2. One party’s compromise or waiver or admission of the claim cannot be permitted against the equity and unification of procedure trotzdem the provisory clause of the provision § 70 ①. 3. All the claim should be transferred to the Court of Appeal trotzdem the partial appeal, and even if the court of first instance has omitted to decide part of the claim, the action shall not remain pending in it and be transferred to the Court of Appeal by the appeal of the interested party. Besides the decisions contain the traditional parts of jurisdiction, parties, co-litigation, oral proceeding, right to elucidation, principle of free conviction, effect of excluding further litigation, rechtsschutz-interesse, evidence, recourse(appeal & re-appeal) etc. Moreover some decisions as to cost of suit(imposition of cost & security for costs), dates & terms(period), service and complaint have increased visibly.