독립당사자참가와 상소 - 최근의 대법원판례를 소재로 -

초록

When the party who loses a suit of the third party intervention doesn’t appeal, a position of the non appeal party in such appeal process becomes a problem. On this problem, the Theory of the Party in Appeal is insisted. This theory generally discusses the trial structure in the appeal by a priori method. On the other hand, there was hardly the judicial precedent’s having handled this problem directly. However, recently two important judicial precedents that handled this problem were continuously rendered. The judicial precedent is not taking of certain one standpoint said by the theory. Oppositely the judicial precedent is a standpoint that the trial structure of the appeal is reasonably treatable in the limit union finding concerning all parties even if certain one standpoint is not taken. Consequentially, the judicial precedent is appropriate, and there is no problem in the conclusion of such precedent.

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