기판력 표준시 후의 형성권의 행사

The subject of this thesis, ‘Exercise of the formulating right to after standard time of judgment(Res Judicata)’ is a problem where substantive law and procedural law intersect. If it is too lean on either side, it is easy to lead to results that are theoretically consistent, but it is difficult to secure concrete validity, such as positive theory or negative theory. On the other hand, the concept of formulating rights itself is a later concept. and the existing litigation system has a point centered on the right to claim, so if it is generalized to the ‘right to form’ and discussed, various theoretical difficulties are encountered. Therefore, it is essential to examine each individual right of formation, and even if it is a legal theory derived through theoretical argument, it is necessary to verify its validity by applying it to each individual right of formation. Accordingly, in this thesis, in respecting the aspect of the 'litigational' exercise of the right to form in the latter case, it is possible to exercise it in the former case - not the subjective circumstances of the holder of the right - objective expectation according to the characteristics of the right to form and its exercise. It was mainly reviewed from a procedural point of view, focusing on whether there is a reasonable need to withhold the right. In conclusion, in the case of the right to cancel, and the right to replenish blank bills, they are objectively expected to be exercised in the first battlefield as an essential offensive defense method against the claim, whereas the right of set-off and the right to purchase a building are reserved for later exercise in light of their procedural characteristics. Considering that there is a reasonable need to do so, we have come to the same conclusion as the current prevailing opinion and precedent.