所謂 必要的 共同訴訟(Notwendige Streilgenssenschaft)에 관한 硏究

Abstract

In the civil procedure, normally, an action is instituted by the filing of a written petition with court by the plaintiff. The plaintiff can press at the same procedure all the claims which he has against the defendant and it is called the Joinder of Claims (Objecktive Kla｀genha¨ufung). Also, subject to the Article 61 of the Code of Civil Procedure, person having a certain relationship shall be joined on the same side as plaintiffs or defendants and it is usually called' the Joiner of Parties (Subjecktive Kla｀genha¨ufung, or Streitgenossenschaft) in point of parties annexation. There are two kinds of the Joinder of Parties, socalled the Usual Joinder of Parties and the Necessary Joinder of Parties. And the Necessary Joinder of Parties is divided into two major types, the Inherent Necessary Joinder of Parties and the Similar Necessary Joinder of Parties. The former type requires certain persons should be joined as a joint litigants, otherwise the suit shall be over-ruled. The latter does not requires such a strict condition. But in both cases contents of the final judgement should be settled identically among, joint litigants and in this respect both can be nut in the same category. These several types of the Joinder of Parties are different in their legal concerts, proceedings of trial, the application of law, and adjudication, etc. Therefore, failure of its classification for a certain case and its mistreatment shall have an effect on win or lose of a lawsuit. Studies are mainly made on the Necessary Joinder of Parties to which the Article 63 of the Code of Civil Procedure shall be applied. It covers studies on the definition of their legal concepts, comparative analysis on their typical characteristics, case studies belong to the Necessary Joinder of Parties including cases of joint ownership, registration of immovable property, family relationship, and ethers, research on problems concerning with its jurisdiction, and explanation of principles especially apply to its proceedings and trials, which are in dispute on academic theories and judicial precedents in Korea and Japan.