Earticle

초록

영어

(1) Any third person who claims that the whole or part of the object of lawsuit is his own right, or that his rights are likely to be infringed pursuant to the result of lawsuit, may intervene in the lawsuit as a party by making either side or both sides of the parties the other party(Korea Civil Procedure Act Article 79). Therefore can a obligor is permissible a intervention as independent party in subrogation action by creditor? The solution to this problem rely on fulfilling the requirements of the intervention as independent Party. And so this paper look see the topic. (2) The requirements of the intervention as independent Party is the five requisites; ① lis pendens of others, ② reason of intervention(claim of a right intervention, bad purpose prevention intervention), ③ intent of intervention(One-way intervention, both-way intervention), ④ incorporated requirements and ⑤ general litigation requirement(the right to performance of litigation and the prohibition of double lawsuits specially comes into question). (3) This paper result is allowable to a intervention as independent party in subrogation action by creditor because of fulfilling the requirements of the intervention as independent Party. So a conflict with creditor(obligee), obligor and third obligor will be able to a unifying settlement in a litigation.

목차

Ⅰ. 문제의 제기
 Ⅱ. 채무자의 독립당사자참가와 일반적 소송요건의 구비 여부
 Ⅲ. 채무자의 독립당사자참가와 그의 특별요건 구비여부
 Ⅳ. 결론과 여론
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키워드

채권자 채무자 당사자적격(소송수행권) 채권자대위권 소송참가 독립당사자참가 소송요건 중복제소 creditor(obligee) obligor right to performance of litigation obligee subrogation right litigation intervention Independent Party Intervention litigation requirement lis pendens

저자

• 피정현 [ Pee, Jung-Hyun | 원광대학교 법학전문대학원 교수, 법학연구소연구위원, 법학박사 ]

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