제1장 답변서 제출과 변론준비절차
제1절 답변서의 제출과 심사··················································································3
1. 답변서 제출····································································································3
가. 답변서의 제출의무······················································································3
나. 답변서의 기재 사항과 첨부서류····································································3
다. 답변서가 제출되지 않는 경우·······································································3
라. 답변서 제출과 비제출의 효과·······································································4
2. 답변서의 심사·································································································5
가. 참여사무관에 의한 심사·············································································· 5
나. 재판장의 기록심사와 사건처리방향의 결정·····················································6
다. 조기 1회기일 방식····················································································· 6
제2절 본안을 다투는 방법·····················································································7
1. 원고의 청구취지에 대한 답변············································································7
가. 원고의 청구를 인정하는 경우·······································································7
나. 원고의 청구를 다투는 경우··········································································7
다. 가집행면탈선고의 신청················································································7
라. 원고의 청구를 조건부로 인정한 때······························································· 8
2. 원고의 청구원인에 대한 답변············································································8
가. 원고가 주장하는 청구원인사실에 대한 피고의 주장태도 분류··························· 8
나. “다투지 않는다”라고 하는 것······································································· 8
다. “다툰다”라고 하는 것··················································································9
라. 항 변···································································································· 10
제3절 변론준비절차·····························································································12
1. 변론준비절차란························································································· 12
2. 변론준비절차의 내용··················································································12
3. 준비서면의 제출························································································12
4. 준비서면의 기재사항··················································································13
5. 준비서면의 제출기한··················································································13
6. 준비서면을 제출하지 아니한 경우 불이익······················································13
7. 준비서면공방···························································································· 14
제4절 반 소·······································································································14
1. 반소의 개념······························································································14
2. 반소의 효용······························································································15
3. 반소의 요건······························································································16
제2장 증인신문 및 당사자신문
제1절 증인신문··································································································· 19
1. 증인신문의 진행························································································19
2. 격리신문과 재정신문··················································································19
3. 대질신문·································································································· 19
4. 대동증인과 재정증인··················································································20
제2절 당사자신문································································································ 20
1. 의 의····································································································· 20
2. 당사자신문 절차························································································21
제3장 답변서(유형별) 서식
제1절 민사소송사건 관련·····················································································27
[답변서 1] 대여금 관계(피고의 무보증)·························································· 27
[답변서 2] 대여금 관계(이자제한법)·······························································29
[답변서 3] 대여금 관계(특별한정상속승인)······················································ 31
[답변서 4] 대여금 관련(한정상속승인)····························································34
[답변서 5] 대여금 관계(한정상속승인)····························································37
[답변서 6] 대여금 관계(한정상속승인)····························································39
[답변서 7] 대여금 관계(한정상속승인)····························································41
[답변서 8] 대여금 관계(한정상속승인)····························································43
[답변서 9] 대여금 관계(한정상속승인)····························································44
[답변서 10] 대여금 관련(상속포기)······························································· 46
[답변서 11] 대여금 관련(파산, 면책)····························································· 49
[답변서 12] 대여금 관련(미성년자의 법률행위)·················································50
[답변서 13] 대여금(청구금액 과다)································································ 52
[답변서 14] 대여금 관련(채권에 대한 상계항변)··············································· 54
[답변서 15] 대여금 관련(불제소합의 존재의 주장)·············································55
[답변서 16] 대여금 관련(채무면제항변)·························································· 57
[답변서 17] 대여금 관련(채무부존재)·····························································59
[답변서 18] 대여금 관련(허위표시에 대한 항변)··············································· 60
[답변서 19] 대여금 관련(차용사실 부인)·························································62
[답변서 20] 대여금 관련(소멸시효항변)·························································· 63
[답변서 21] 대여금 관련(소멸시효항변)·························································· 64
[답변서 22] 대여금 관련(소멸시효항변)·························································· 66
[답변서 23] 대여금(답변원인 추후 제출의 경우)················································ 68
[답변서 24] 대여금 관련(채무 부인)······························································ 69
[답변서 25] 대여금 관련(불공정한 법률행위 등)··············································· 70
[답변서 26] 물품대금 관련(원고의 대리권)······················································73
[답변서 27] 물품대금 관련(상계의 의사표시)··················································· 75
[답변서 28] 물품대금 관련(지급명령신청 후 일부변제)·······································77
[답변서 29] (상고) 어음금 관련(표현대리 및 사용자책임 등)································78
[답변서 30] 약속어음 관련(일부 부인)··························································· 80
[답변서 31] 약속어음 관련(손해배상금 상계주장)··············································83
[답변서 32] 양수금 관련(한정승인)······························································· 85
[답변서 33] 양수금 관련(채권양도양수계약에 대한 항변)·····································87
[답변서 34] 관리비 관련(소멸시효항변)·························································· 90
[답변서 35] 추심 관련(압류경합의 사유 등)····················································· 93
[답변서 36] 수표금 관련(소멸시효완성 등)······················································ 96
[답변서 37] 전부금(채무부존재)···································································· 98
[답변서 38] 구상금(추후 항변)······································································99
[답변서 39] 구상금(추후 항변)····································································100
[답변서 40] 부당이득금등(취득시효항변)·······················································101
[답변서 41] 자본잠식(출자금반환에 대한 항변)··············································· 104
[답변서 42] 배당이의(청구금액확장에 관한 법리 오해)······································107
[답변서 43] 임차료 등(임차료청구에 대한 항변)··············································113
[답변서 44] 주택임대차 관계(배당요구를 하지 않음)······································· 115
[답변서 45] 임대차 관련(전부 부인)···························································· 117
[답변서 46] 상거래 관련(반대급부하자의 항변)···············································118
[답변서 47] 매매계약 관련(일부 부인)························································· 119
[답변서 48] 매매계약 관련(계약해약주장)····················································· 121
[답변서 49] 매매계약 관련(착오에 의한 의사표시)·········································· 124
[답변서 50] 사해행위취소(제척기간도과 항변)················································ 125
[답변서 51] 건물철거 관련(법정지상권 취득)················································· 127
[답변서 52] 소송요건에 관한 주장(중복제소의 항변)·······································129
[답변서 53] 소송요건에 관한 주장(기판력저촉의 주장)···································· 131
[답변서 54] 소송요건에 관한 주장(불제소합의존재의 주장)·······························132
[답변서 55] 점유 관계(제소기간의 도과 주장 등)············································ 134
[답변서 56] 소유권 관계(신탁법 제7조에 의한 매매무효 주장)····························135
[답변서 57] 소유권 관계(대물변제에 의한 건물소유권취득의 무효 등)···················137
[답변서 58] 소유권 관계(피고의 점유사실을 부인하는 주장)·······························140
[답변서 59] 소유권 관계(허위의 의사표시로서 무효 등)···································· 142
[답변서 60] 소유권 관계(소유권남용의 주장)················································· 144
[답변서 61] 소유권 관계(과실상계의 항변)···················································· 146
[답변서 62] 소유권 관계(주위통행권확인)······················································148
[답변서 63] 소유권 관계(주위통행권확인)······················································149
[답변서 64] 소유권 관계(원고 동의의 존재 및 권리남용의 금지)························· 151
[답변서 65] 소유권 관계(경계선의 주장)·······················································154
[답변서 66] 소유권 관계(불분할특정의 항변)················································· 155
[답변서 67] 소유권 관계(상속에 의한 임차권 및 권리남용)································ 156
[답변서 68] 건물철거 등(권리금의 양수로서 임차권양도의 사전승낙)···················· 158
[답변서 69] 차지 관계(묵시의 계약갱신이라는 항변)········································ 160
[답변서 70] 차지 관계(지급기간유예, 이익남용, 변제공탁의 항변)························ 162
[답변서 71] 차지 관계(유익비상환청구권에 의한 유치권의 항변)··························164
[답변서 72] 차지 관계(임차권의 무단양도에 대하여 묵시의 승낙 등)···················· 166
[답변서 73] 차지 관계(계약위반 등)·····························································167
[답변서 74] 소유권이전등기말소(표현대리의 항변 및 무권대리행위 등)················ 170
[답변서 75] 소유권이전등기말소(모르거나 부인할 때)······································175
[답변서 76] 소유권이전등기절차(미성년자임을 이유로 한 취소)··························177
[답변서 77] 소유권이전등기절차(절차상의 하자)············································ 178
[답변서 78] 가등기의 본등기절차이행(대물변제예약완결권 소멸)························181
[답변서 79] 가등기의 본등기절차이행(대물변제예약의 반사회질서)·····················182
[답변서 80] 증여 관계(의사능력 결여의 주장)················································ 184
[답변서 81] 증여 관계(진의 아닌 의사표시 예외의 주장)··································· 185
[답변서 82] 증여 관계(통정한 허위의 의사표시의 주장)···································· 186
[답변서 83] 증여 관계(금치산자임을 이유로 한 취소의 주장)······························188
[답변서 84] 증여 관계(한정치산자가 후견인의 동의를 얻은 행위)························ 189
[답변서 85] 증여 관계(이행지체에 의한 증여계약해제)······································190
[답변서 86] 증여 관계(동시이행의 항변)······················································· 192
[답변서 87] 증여 관계(정지조건의 미성취의 주장)··········································· 193
[답변서 88] 증여 관계(서면에 의하지 않은 증여계약해제)··································195
[답변서 89] 증여 관계(부부간의 계약취소의 주장)··········································· 196
[답변서 90] 매매 관계(사기에 의한 의사표시의 취소 등)··································· 197
[답변서 91] 매매 관계(영수증소지자에 대한 변제)··········································· 199
[답변서 92] 매매 관계(매매대금에 대한 상계)················································ 201
[답변서 93] 매매 관계(매매대금에 대한 채무면제)··········································· 202
[답변서 94] 매매 관계(토지평수부족에 의한 대금감액청구)································ 203
[답변서 95] 매매 관계(목적물의 하자)··························································205
[답변서 96] 매매 관계(매매대금에 대한 동시이행의 항변)··································206
[답변서 97] 매매 관계(계약성립의 부인 및 정기행위)······································· 208
[답변서 98] 매매 관계(지가의 앙등을 이유로 하는 사정변경의 원칙)···················· 211
[답변서 99] 매매 관계(매수인의 악의)··························································212
[답변서 100] 매매 관계(제척기간 도과)························································ 214
[답변서 101] 계약금(상대방의 계약불이행에 의한 몰수)···································· 215
[답변서 102] 계약금(수령한 금액의 반환의무의 인정 및 배액반환을 다툼)··············216
[답변서 103] 계약금(수령한 금액만의 반환)··················································· 218
[답변서 104] 보증금 및 권리금(권리금으로서 반환의무가 없다)························· 220
[답변서 105] 보증금(기한미도래)·································································223
[답변서 106] 사용대차(사용대차계약해지 무효)···············································225
[답변서 107] 사용대차(회사건물이 사용대차 아닌 임대차계약)···························· 227
[답변서 108] 건물임대차(계약해지 및 동시이행의 항변권)································· 229
[답변서 109] 건물임대차(합의해지와 화해계약성립의 항변)································233
[답변서 110] 건물임대차(차임을 증액하지 않겠다는 특약존재)····························234
[답변서 111] 건물임대차(법정갱신과 피고측의 건물사용 필요성)························· 237
[답변서 112] 건물임대차(건물유치권행사)····················································· 239
[답변서 113] 건물임대차(인도청구를 하지 않겠다는 합의존재)····························241
[답변서 114] 건물임대차(관리이므로 임차권양도가 아니다)································242
[답변서 115] 건물임대차(전대에 해당하지 않는다)·········································· 244
[답변서 116] 건물임대차(대리인의 양도, 승인)··············································· 246
[답변서 117] 건물임대차(묵시의 승낙)························································· 247
[답변서 118] 건물임대차(전대의 부인 및 전대가 배신행위가 아님)······················ 249
[답변서 119] 건물임대차(전대의 부인 등)····················································· 251
[답변서 120] 건물임대차(해지가 신의성실의 원칙에 반한다)······························ 253
[답변서 121] 건물임대차(과다차임의 최고와 적정액공탁)·································· 254
[답변서 122] 건물임대차(최고기간 만료직후 임차수령거절 등)····························256
[답변서 123] 건물임대차(계약해지권의 행사가 신의칙에 반한다)························· 258
[답변서 124] 건물임대차(원고의 승낙에 의한 증축 등)····································· 260
[답변서 125] 건물임대차(임대인의 승낙에 의한 변경 등)·································· 263
[답변서 126] 건물임대차(기간의 정함이 없는 임대차)······································ 264
[답변서 127] 물임대차(대항력 주장)···························································· 266
[답변서 128] 건물임대차(원고의 권리부인 및 피고의 정당한 권리)······················ 268
[답변서 129] 건물임대차(채무불이행에 의한 임대차계약종료 등)························· 269
[답변서 130] 도급관계(소멸시효완성의 항변)················································· 272
[답변서 131] 도급관계(하자가 도급인의 지시에 의하여 발생)····························· 274
[답변서 132] 부동산중개업 관계(사용자가 피용자의 선임 등)···························· 276
[답변서 133] 부동산중개업 관계(과실상계의 항변)········································· 279
[답변서 134] 부동산중개업 관계(원고가 상인임을 표시하지 않음)·······················281
[답변서 135] 부동산중개업 관계(원고의 알선이 아님)····································· 282
[답변서 136] 부동산중개업 관계(집행채무자의 점유보조자)·······························285
[답변서 137] 사해행위취소(피고의 선의 등)·················································· 287
[답변서 138] 물품거래(자동차이전등록 등)···················································· 289
[답변서 139] 물품거래(과실에 기인한 채무부인)············································· 291
[답변서 140] 농작물피해 등(허위진술 등)·····················································292
[답변서 141] 동물로 인한 상해(치료비 과다청구)···········································298
[답변서 142] 시설비투자 관계(특약사항위배 등)············································ 300
[답변서 143] 주택신축공사(설계위반시공)·····················································303
[답변서 144] 근로자의 업무상 재해사고(과실 주장)······································· 305
[답변서 145] 근로자의 업무상 재해사고(안전교육 등)···································· 307
[답변서 146] 의료 사고(의료상의 과실에 대한 항변)········································ 311
[답변서 147] 자동차사고(손해액에 대한 항변)················································313
[답변서 148] 자동차사고(손해액 전부변상)····················································316
[답변서 149] 자동차사고(과실상계 주장)·······················································317
[답변서 150] 동차사고(일방과실이라는 주장)················································· 320
[답변서 151] 자동차사고(과실상계 주장)·······················································321
[답변서 152] 자동차사고(소멸시효 완성)·······················································322
[답변서 153] 자동차사고(소멸시효 원용)·······················································323
[답변서 154] 오토바이사고(손해액 전부변상)·················································325
[답변서 155] 업무미숙으로 인한 배상금청구(부당성 주장)······························ 327
[답변서 156] 계약 관계(일부무효주장)························································· 329
[답변서 157] 교통사고(부상없는 경미한 사고)················································ 337
[답변서 158] 재결처분취소 등···································································341
[답변서 159] 이의신청에 대한 답변(파산사건)·············································· 347
제2절 가사소송사건 관련···················································································349
[답변서 1] 이혼 등(부정한 행위 등에 대한 항변)············································· 349
[답변서 2] 이혼 등(부당한 대우 등에 대한 항변)············································· 351
[답변서 3] 이혼 등(부정한 행위 등에 대한 항변)············································· 358
[답변서 4] 이혼 등(피고의 외도 등에 대한 항변)············································· 360
[답변서 5] 이혼 등(의자료 및 재산분할의 부당성 주장)····································· 366
[답변서 6] 위자료 등(상고심 사건)······························································ 374
[답변서 7] 이혼 등(이혼사유의 부당성)························································· 384
제3절 행정소송사건 관련···················································································387
[답변서 1] 토지수용재결(보상금액에 대한 항변)··············································387
[답변서 2] 토지형질변경 및 행위허가(행정처분의 부적법성)····························· 388
[답변서 3] 토지개발사업(개발이익환수)·························································390
[답변서 4] 장애연금수습권(시신경병증)························································ 392
[답변서 5] 압류처분(부적법한 소송)····························································· 397
[답변서 6] 법인세등부과처분취소(일부 부인)·················································399
[답변서 7] 법인세등부과처분취소·······························································400
[답변서 8] 종합소득세등부과처분취소(일부 부인)···········································402
[답변서 9] 개별지가결정처분취소(본안전 항변)·············································· 403
[답변서 10] 개별지가결정처분취소(토지가격비준표)········································ 404
[답변서 11] 건축공사중지명령처분취소(도계장 설치)······································ 406
[답변서 12] 종합소득세부과취소(소의 부적격대상사건)···································· 408
[답변서 13] 건축허가처분취소(부적법한 소)·················································· 410
[답변서 14] 개별공시지가결정취소(형평성 문제)············································ 414
[답변서 15] 과징금부과처분취소(사실오인)··················································· 417
[답변서 16] 농어촌특별세부과처분취소(중과세 적용)······································ 420
[답변서 17] 지구단위계획변경결정취소 등(원고적격 등)··································422
제4절 민사신청사건 관련···················································································425
[답변서 1] 접근금지가처분(합리적인 조정)·················································· 425
[답변서 2] 가압류 이의············································································ 430
[답변서 3] 사전처분·················································································434
[답변서 4] 가압류취소··············································································437
[답변서 5] 영업금지가처분········································································438
제4장 준비서면(유형별) 서식
제1절 민사소송사건 관련···················································································447
[준비서면 1] 대여금(차용사실 부인에 대한 항변)············································· 447
[준비서면 2] 대여금(채무승인에 의한 시효중단의 재항변)·································· 449
[준비서면 3] 대여금(피고의 채무변제의 부당성)·············································· 449
[준비서면 4] 대여금(피고의 채무부존재에 대한 부당성)····································· 452
[준비서면 5] 대여금(피고의 소멸시효 완성주장에 대한 반박)······························ 454
[준비서면 6] 대여금(보증인의 권한에 대한 항변)············································· 456
[준비서면 7] 대여금(피고적격의 부당성)························································458
[준비서면 8] 대여금등(한정상속승인)····························································459
[준비서면 9] 대여금(연대보증 부인)····························································· 460
[준비서면 10] 대여금(추후 상세제출)··························································· 462
[준비서면 11] 대여금(항소이유, 소멸시효 항변) ············································· 463
[준비서면 12] 이자금(피고의 합의에 의한 변제 및 실효이론)······························465
[준비서면 13] 대출금(보증사실부인에 대한 항변)·············································466
[준비서면 14] 어음금(배서양도)·································································· 468
[준비서면 15] 어음금(소멸시효중단의 재항변)·················································469
[준비서면 16] 물품대금(법률행위의 해석문제)················································ 470
[준비서면 17] 물품대금(변제공탁)······························································· 472
[준비서면 18] 매매 관계(물품하자에 대한 항변)············································· 473
[준비서면 19] 매매대금(당사자 적격문제)······················································474
[준비서면 20] 매매대금(변제금액 상이)························································ 478
[준비서면 21] 구상금(보증채무변제)·····························································482
[준비서면 22] 전부금(피전부채권의 존재에 대한 항변)······································484
[준비서면 23] 추심금(불공정한 법률행위 등)·················································· 485
[준비서면 24] 도급계약(계약해지로 인한 보험증권, 약속어음 반환)······················ 489
[준비서면 25] 도급 관계(채무승인에 의한 시효중단의 재항변)···························· 491
[준비서면 26] 도급 관계(귀책사유로 인한 책임)············································· 492
[준비서면 27] 도급 관계(금액상이 등)··························································494
[준비서면 28] 보험금반환(교통사고)···························································· 502
[준비서면 29] 보험금반환(교통사고)···························································· 506
[준비서면 30] 보험금반환(교통사고)···························································· 508
[준비서면 31] 보험금 관련(이행기일의 도과)················································· 511
[준비서면 32] 건물신축공사(공사하자책임)····················································513
[준비서면 33] 공사도급계약(피고적격의 부당성)············································· 515
[준비서면 34] 자본잠식(출자금반환에 대한 항변)············································ 518
[준비서면 35] 근로관계(징계해고절차 위반)··················································· 519
[준비서면 36] 환자진료위탁계약(치료비 과다 주장)········································ 521
[준비서면 37]저작권관계(저작권 침해)························································ 523
[준비서면 38] 신원보증계약(감독 소홀)························································524
[준비서면 39] 업무상 불법행위(위조된 어음, 수표)········································· 526
[준비서면 40] 부당이득금(피해보상금 등)····················································· 528
[준비서면 41] 사해행위취소(피보전채권의 발생 등)········································· 537
[준비서면 42] 사해행위취소(피보전채권의 발생 등)········································· 539
[준비서면 43] 사해행위취소(피고는 선의가 아님)············································542
[준비서면 44] 배당이의(배당액산정에 관한 법리 간과 등)··································544
[준비서면 45] 차지 관계(정상사유있는 이의제기)············································ 549
[준비서면 46] 차임 관계(차임연체로 조건부임대차계약해제)·······························550
[준비서면 47] 차임 관계(조건부임대차계약해제)············································· 552
[준비서면 48] 차지 관계(건물매수청구권에 의한 유치권과 동시이행)···················· 553
[준비서면 49] 차지 관계(유치권의 항변에 대하여 기한허여)·······························554
[준비서면 50] 임차보증금 관계(표현대리인)·················································· 555
[준비서면 51] 임대차 관계(임차권양도 등)····················································557
[준비서면 52] 임대차 관계(동시이행의 항변 및 유치권행사)······························ 559
[준비서면 53] 건물임대차 관계(대리인의 권한)··············································560
[준비서면 54] 주택임대차 관계(피고의 초과배당)··········································· 561
[준비서면 55] 증여 관계(이행종료와 해제권남용)············································ 563
[준비서면 56] 매매 관계(중과실의 재항변 및 사기에 의한 취소)························· 564
[준비서면 57] 매매 관계(합의에 대한 항변)···················································566
[준비서면 58] 사용대차 관계(건물사용관계의 임대차 부인 등)··························· 567
[준비서면 59] 건물인도 관련(허위의 임대차계약)············································568
[준비서면 60] 건물인도 관련(임대차계약해지)················································572
[준비서면 61] 소유권관계(소유권의 범위)····················································· 573
[준비서면 62] 소유권관계(취득시효완성 주장)················································ 575
[준비서면 63] 소유권 관계(시효취득)···························································577
[준비서면 64] 소유권 관계(취득시효완성)····················································· 578
[준비서면 65] 소유권 관계(시효취득)···························································579
[준비서면 66] 공유문분할(분할방법)···························································· 581
[준비서면 67] 소유권 관계(시효취득)···························································584
[준비서면 68] 근저당권설정계약(설정계약의 무효, 취소)·································· 586
[준비서면 69] 가등기 관계(대물변제예약의 무효)············································587
[준비서면 70] 교통사고에 대한 구상금(운전자 과실)······································ 588
[준비서면 71] 물품거래 관례(물량 묘목)······················································ 591
[준비서면 72] 동업관계(계약위반 등)··························································· 593
[준비서면 73] 동업관계(계약위반 등)··························································· 596
[준비서면 74] 인도명령(가장 임차인)··························································· 598
[준비서면 75] 반소장(공사대금)·································································· 604
[준비서면 76] 항소사건(소유권이전등기)······················································· 608
[준비서면 77] 관리비 등(금액상이)······························································610
[준비서면 78] 불법폐기물(하자담보면책합의주장 등)········································ 613
[준비서면 79] 공사보증계약취소(허위의 공사계약)··········································617
[준비서면 80] 부동산불법점유(동시이행항변권의 행사)·····································621
[준비서면 81] (반소) 폭행사고(소음 등)························································622
[준비서면 82] 폭행사고(불법행위의 부당성)··················································· 624
[준비서면 83] 근로자의 업무상 재해사고(안전교육 등)··································· 626
[준비서면 84] 근로자의 업무상 재해사고(안전장치)······································· 630
[준비서면 85] (항소) 군복무 중 사고(폭행 등)···············································632
[준비서면 86] 감전사고(관리보존 하자 및 주의의무 위반)··································638
[준비서면 87] (반소) 소음, 공해사고(책임관계 항변)······································· 640
[준비서면 88] 행정대집행(집행의 정당성)····················································· 643
[준비서면 89] 위조 등(사무집행에 관하여)···················································· 644
[준비서면 90] 자동차사고(운전자의 무과실)···················································647
[준비서면 91] 자동차사고(운전자의 과실)····················································· 649
[준비서면 92] 자동차사고(운전자의 과실)····················································· 651
[준비서면 93] 자동차사고(항소범위)···························································· 653
[준비서면 94] 자동차사고(위자료과다 항변)···················································655
[준비서면 95] 자동차사고(과실상계, 치료비, 위자료)········································657
[준비서면 96] 자동차사고(소멸시효완성 반론)················································ 659
[준비서면 97] (항소) 자동차사고(일방과실에 대한 항변)··································· 660
[준비서면 98] 자동차사고(개호비청구 등)····················································· 662
[준비서면 99] 자동차사고(공동불법행위)·······················································666
[준비서면 100] 자동차사고(피고의 손익공제의 부당성)·····································667
[준비서면 101] 오토바이사고(손해액에 대한 항변)··········································669
[준비서면 102] 당선결정무효및효력정지가처분············································ 675
제2절 가사소송사건 관련···················································································683
[준비서면 1] 이혼 등(폭행, 부정행위)···························································683
[준비서면 2] 이혼 등(폭행, 부정행위)···························································685
[준비서면 3] 이혼 등(폭행, 부정행위)···························································687
[준비서면 4] 이혼 등(폭행, 부정행위)···························································690
[준비서면 5] 이혼 등(피고의 추완항고의 부적법성)·········································· 696
[준비서면 6] 혼인의 무효(재판관할권 및 준거법)············································ 697
[준비서면 7] 이혼 등(재산분할)·································································· 699
[준비서면 8] 재산분할(청구의 부당성 주장)··················································· 700
[준비서면 9] 이혼 등(회복 불가능)······························································ 718
[준비서면 10] 혼인무효(일방적인 혼인신고)··················································· 724
[준비서면 11] 사전처분············································································731
[준비서면 12] 부정행위로 인한 손해배상····················································735
[준비서면 13] 위자료(부정한 행위)······························································ 742
제3절 행정소송사건 관련···················································································749
[준비서면 1] 상속세부과처분취소·······························································749
[준비서면 2] 토지기부관계(기부채납의 조건)··················································750
[준비서면 3] 압류관계(소이익의 부존재 등)··················································· 751
[준비서면 4] 관광유람선업 등(소의 이익 주장)·············································· 753
[준비서면 5] 부동산매매업(소득세법 적법 적용)············································· 755
[준비서면 6] 부동산매매업(소득세법 잘못 적용)············································· 757
[준비서면 7] 장애등급처분취소(업무상 재해)·················································758
[준비서면 8] 장해연금거부처분취소····························································760
[준비서면 9] 국가유공자 관련(업무상 과로로 사망)········································· 762
[준비서면 10] 유족보상 등 지급취소(업무상 재해)········································· 766
[준비서면 11] 주택건설사업계획승인처분취소·············································· 770
[준비서면 12] 지구단위계획변경결정취소 등··············································· 774
[준비서면 13] 지구단위계획변경결정취소 등··············································· 775
[준비서면 14] 개발부담금부과처분취소·······················································777
[준비서면 15] 징계처분취소······································································779
[준비서면 16] 국가유공자등록거부처분취소················································· 780
[준비서면 17] 국가유공자유족등록거부처분취소··········································· 783
제4절 민사신청사건 관련···················································································786
[준비서면 1] 가처분 이의········································································· 786
[준비서면 2] 가처분 이의········································································· 789
[준비서면 3] 직무집행정지 및 대행자선임가처분··········································791
[준비서면 4] 공사중지가처분·····································································797
[준비서면 5] 부동산인도명령(유치권 주장)····················································809
제5장 반소장(유형별) 서식
[반소장 1] 소유권 관계(취득시효)······························································· 813
[반소장 2] 건물인도(임차보증금반환청구)······················································ 815
[반소장 3] 증여 관계(소유권에 의한 인도청구의 반소)······································ 818
[반소장 4] 증여 관계(취득시효완성)····························································· 820
[반소장 5] 전세계약 관련(건물인도청구에 대한 임차보증금반환)························· 822
[반소장 6] 주택임대차(건물인도에 대하여 임차보증금청구)·································824
[반소장 7] 주택임대차(임차보증금반환청구)··················································· 826
[반소장 8] 건물임대차(월 차임)·································································· 830
[반소장 9] 공사대금(수급인에 대한 하자보수 등 청구)······································ 832
[반소장 10] 물품대금(하자보수비청구)·························································· 834
[반소장 11] 폭행 등(손해배상금청구의 반소)·················································· 836
[반소장 12] 폭행 등(손해배상금청구의 반소)·················································· 840
[반소장 13] 교통사고(손해배상금청구의 반소)·················································847
[반소장 14] 이혼 등(부양료 청구)································································850
[반소장 15] 이혼 등(양육비 등 청구)··························································· 853
[반소장 16] 분양대금 등(매매대금 청구에 대한 반소)·······································861
[반소장 17] 원상회복 등(건물인도 등에 대한 반소)········································· 865
[반소장 18] 이혼 등(답변서 및 반소)··························································· 868
[반소장 19] 대여금(근저당권말소에 대한 반소)················································875
[반소장 20] 구상금(부당이득금반환에 대한 반소)·············································880
제6장 항소장 서식
[항소장 1] 대여금(전부불복, 항소이유서 추후제출의 경우)··································885
[항소장 2] 배당이의(전부불복, 항소이유서 추후제출의 경우)·······························886
[항소장 3] 구상금(전부불복, 항소이유서 추후제출의 경우)··································888
[항소장 4] 건물인도 등 청구사건·······························································891
[항소장 5] 소유권말소등기 등 청구사건······················································893
[항소장 6] 손해배상(기) 청구사건······························································ 894
제7장 증인신문사항 서식(예)
[증거신청서 1]························································································ 899
[증거신청서 2]························································································ 901
◈ 증인신문사항 및 반대신문 사항 예시···························································· 903
[증인 신문사항 1]····················································································903
[증인 신문사항 2]····················································································904
[증인 신문사항 3]····················································································904
[증인 신문사항 4]····················································································905
[증인 신문사항 5]····················································································906
[증인 신문사항 6]····················································································907
[증인 신문사항 7]····················································································908
[증인 신문사항 8]····················································································908
[증인 신문사항 9]····················································································909
[증인 신문사항 10]··················································································910
[증인 신문사항 11]··················································································913
[증인 신문사항 12]··················································································914
[증인 신문사항 13]··················································································915
[증인 신문사항 14]··················································································916
[증인 신문사항 15]··················································································917
[증인 신문사항 16]··················································································918
[증인반대 신문사항 1]··············································································920
[증인반대 신문사항 2]··············································································920
[증인반대 신문사항 3]··············································································921
[증인반대 신문사항 4]··············································································922
[증인반대 신문사항 5]··············································································924
[증인반대 신문사항 6]··············································································925
[당사자(원고)본인 신문사항 1]··································································· 926
[당사자(피고)본인 신문사항 2]··································································· 926
[감정인 신문사항 1]·················································································928
제8장 요건사실 및 입증방법
제1절 금전청구 등·····························································································931
1. 대 여 금···································································································· 931
가. 청구원인······························································································· 931
나. 부대청구······························································································· 931
다. 주의사항······························································································· 931
라. 항변 등·································································································931
2. 보 증 금···································································································· 932
가. 청구원인······························································································· 932
나. 항변 등·································································································933
3. 임대차보증금반환························································································ 934
가. 청구원인······························································································· 934
나. 부대청구······························································································· 934
다. 항변 등·································································································934
4. 매매대금···································································································· 935
가. 청구원인······························································································· 935
나. 부대청구······························································································· 935
다. 항변 등·································································································936
5. 계약금반환································································································· 936
가. 청구원인······························································································· 936
나. 항변 등·································································································937
6. 구 상 금···································································································· 937
가. 청구원인······························································································· 937
나. 항변 등·································································································938
7. 보 험 금···································································································· 938
가. 청구원인······························································································· 938
나. 항변 등·································································································939
8. 할부매매대금······························································································ 939
가. 청구원인(청구별 요건사실이 다름)································································939
나. 항변 등·································································································940
9. 공사대금···································································································· 940
가. 청구원인······························································································· 940
나. 항변 등·································································································940
10. 용역비･임가공비························································································ 941
가. 청구원인······························································································· 941
나. 항변 등·································································································941
11. 투 자 금···································································································942
가. 청구원인······························································································· 942
12. 양 수 금···································································································942
가. 청구원인······························································································· 942
나. 항변 등·································································································943
13. 어 음 금···································································································943
가. 청구원인······························································································· 943
나. 항변 등·································································································944
14. 부당이득반환·····························································································945
가. 청구원인······························································································· 945
나. 항변 등·································································································945
제2절 등기관련··································································································945
1. 매매로 인한 소유권이전등기청구····································································945
가. 청구원인······························································································· 945
나. 항변 등·································································································946
2. 취득시효완성으로 인한 소유권이전등기청구·····················································946
가. 청구원인······························································································· 946
나. 항변 등·································································································946
3. 가등기에 기한 본등기청구·············································································947
가. 청구원인······························································································· 947
나. 항변 등·································································································947
4. 소유권보존등기말소청구··············································································· 948
가. 청구원인······························································································· 948
나. 항변 등·································································································948
5. 소유권이전등기말소청구··············································································· 949
가. 청구원인······························································································· 949
나. 항변 등·································································································949
6. (근)저당권말소청구·······················································································950
가. 청구원인······························································································· 950
나. 항변 등·································································································951
7. 말소승낙의 의사표시를 구하는 소·································································· 951
가. 청구원인······························································································· 951
8. 말소등기회복청구························································································ 951
가. 청구원인······························································································· 951
나. 항변 등·································································································952
제3절 건물･토지관련························································································· 952
1. 불법점유를 이유로 한 건물인도청구······························································· 952
가. 청구원인······························································································· 952
나. 항변 등·································································································953
2. 임대차종료를 이유로 한 건물인도청구···························································· 953
가. 청구원인······························································································· 953
나. 항변 등·································································································954
3. 건물철거 및 토지인도청구·············································································955
가. 청구원인······························································································· 955
나. 항변 등·································································································955
4. 공유물분할································································································· 956
가. 청구원인······························································································· 956
나. 항변 등·································································································956
5. 경계확정의 소····························································································· 957
가. 청구원인······························································································· 957
나. 항변 등·································································································957
제4절 손해배상··································································································958
1. 감독자 또는 사용자의 배상책임····································································· 958
가. 청구원인······························································································· 958
나. 항변 등·································································································958
2. 공작물점유자･소유자의 배상책임····································································959
가. 청구원인······························································································· 959
나. 항변 등·································································································960
3. 제조물책임법에 의한 손해배상·······································································960
가. 청구원인······························································································· 960
나. 항변 등·································································································961
4. 교통사고로 인한 손해배상·············································································962
가. 청구원인······························································································· 962
나. 항변 등·································································································962
5. 인접공사로 인한 손해배상·············································································963
가. 청구원인······························································································· 963
나. 항변 등·································································································963
6. 의료사건···································································································· 964
가. 청구원인······························································································· 964
나. 항변 등·································································································964
7. 지적재산권 관련소송···················································································· 964
가. 청구원인······························································································· 964
나. 항변 등·································································································965
8. 환경사건···································································································· 965
가. 청구원인······························································································· 965
9. 언론관련소송······························································································ 966
가. 청구원인······························································································· 966
나. 항변 등·································································································966
제5절 노 동····································································································· 966
1. 해고무효항변······························································································ 966
가. 청구원인······························································································· 966
나. 항변 등·································································································967
2. 미지급 임금･퇴직금청구소송··········································································967
가. 청구원인······························································································· 967
나. 항변 등·································································································968
3. 법정수당(임금)청구······················································································· 968
가. 청구원인······························································································· 968
나. 항변 등·································································································968
제6절 집행관련··································································································969
1. 청구이의···································································································· 969
가. 청구원인······························································································· 969
나. 항변 등·································································································970
2. 제3자이의···································································································970
가. 청구원인······························································································· 970
나. 항변 등·································································································971
3. 배당이의···································································································· 971
가. 청구원인······························································································· 971
나. 항변 등·································································································972
제7절 증권관련··································································································972
1. 포괄적 일임매매에서의 과당매매로 인한 손해배상청구······································972
가. 청구원인······························································································· 972
나. 항변 등·································································································973
2. 부당권유로 인한 손해배상청구·······································································973
가. 청구원인······························································································· 973
나. 항변 등·································································································973
3. 선물옵션거래에서의 손해배상청구·································································· 973
가. 청구원인······························································································· 973
나. 항변 등·································································································974
제8절 회사관련··································································································974
1. 분식결산의 손해배상청구·············································································· 974
가. 청구원인······························································································· 974
나. 항변 등·································································································975
2. 외부감사인의 부실감사 손해배상청구······························································975
가. 청구원인······························································································· 975
3. 주주총회결의취소························································································ 975
가. 청구원인······························································································· 975
나. 항변 등·································································································976
4. 주주총회결의무효확인·················································································· 976
가. 청구원인······························································································· 976
나. 항변 등·································································································976
5. 주주총회결의부존재확인··············································································· 977
가. 청구원인······························································································· 977
나. 항변 등·································································································977
6. 주식명의개서청구························································································ 977
가. 청구원인······························································································· 977
7. 주주권확인································································································· 977
가. 청구원인······························································································· 977
8. 주권인도청구······························································································ 978
가. 청구원인······························································································· 978
9. 주주대표소송(상법 403조)·············································································· 978
가. 청구원인······························································································· 978
나. 항변 등·································································································978
10. 회계장부서류 열람 등사 청구(상법 466조)······················································ 978
가. 청구원인······························································································· 978
나. 항변 등·································································································979
11. 위법행위유지의 소(상법 402조)·····································································979
가. 청구원인······························································································· 979
12. 신주발행무효의 소(상법 429조)·····································································979
가. 청구원인······························································································· 979
제9절 회사정리･파산························································································· 980
1. 정리채권･정리담보권확정의 소·······································································980
가. 청구원인······························································································· 980
나. 항변 등·································································································980
2. 부인의 소···································································································982
가. 청구원인······························································································· 982
나. 항변 등·································································································983
3. 파산채권확정의 소······················································································· 983
가. 청구원인······························································································· 983
나. 항변 등·································································································983
제10절 사해행위･채권자대위･채무부존재····························································985
1. 사해행위취소소송························································································ 985
가. 청구원인······························································································· 985
나. 항변 등·································································································985
2. 채권자대위관련소송····················································································· 986
가. 청구원인······························································································· 986
나. 항변 등·································································································987
3. 채무부존재확인··························································································· 987
가. 청구원인······························································································· 987
제11절 요건사실의 예시···················································································· 988
제12절 청구원인사실 기재례··············································································991
1. 매매계약 성립사실······················································································· 991
2. 임대차종료사실··························································································· 991
3. 소비대차계약성립사실·················································································· 992
4. 준소비대차계약성립사실··············································································· 992
5. 근로계약성립사실························································································ 992
6. 근로계약종료사실························································································ 993
7. 조합계약성립사실························································································ 993
8. 원고가 소유자인 사실·················································································· 993
9. 친생자관계부존재사실·················································································· 993
10. 원인무효인 등기의 명의인인 사실································································ 994
11. 점유에 의한 소유물방해사실········································································994
12. 부당이득사실·····························································································995
13. 불법행위사실(교통사고의 경우)······································································ 995
14. 손해발생사실·····························································································995
15. 약속어음발행사실, 소지사실, 배서사실, 지급제시 및 거절사실··························995
16. 유익비지출사실, 유치권항변········································································ 996
17. 사해의사존재사실·······················································································997
18. 사해행위···································································································997
19. 과실존재사실·····························································································997
20. 저당권자인 사실························································································ 998
21. 근저당권설정계약성립사실···········································································998
22. 변제사실···································································································998
23. 공탁사실···································································································998
24. 소멸시효완성사실, 취득시효완성사실···························································· 998
25. 상 계······································································································999
26. 동시이행의 항변························································································ 999
27. 통정허위표시···························································································1000
28. 신의칙위반······························································································1000
29. 반사회적 법률행위··················································································· 1000
30. 불공정한 법률행위··················································································· 1001
31. 자동차종합보험계약성립사실······································································ 1001
32. 상속사실·································································································1001
33. 점유사실·································································································1001
34. 점유승계사실···························································································1002
35. 대물변제예약성립사실···············································································1002
36. 이행인수계약성립사실···············································································1002
37. 명의대여사실···························································································1002
38. 실체관계부합사실·····················································································1002
39. 기판력항변······························································································1003
제13절 각종 계약 요약 기재례·········································································1003
1. 수출계약···································································································1003
2. 수입계약···································································································1003
3. 수입계약···································································································1004
4. 항해용선계약·····························································································1004
5. 신원보증계약·····························································································1004
6. 용역경비계약·····························································································1004
7. 이행보증보험계약·······················································································1005
8. 선원보통공제계약·······················································································1005
9. 광고대행계약·····························································································1005
10. 융통어음계약···························································································1005
11. 물품공급계약···························································································1006
12. 임가공계약······························································································1006
13 근저당권설정계약····················································1006
14. 프랜차이즈계약························································1006
15. 체육시설이용계약································································1006
16. 어음대여계약················································1007
17. 신용카드이용계약·································································1007
18. 주가지수선물거래··································································1007
19. 주가지수콜옵션계약·····································································1008
20.주가지수풋옵션계약···············································································1008
제9장 소송실무 양식 및 예시
[공시송달신청 1]··················································································· 1011
[공시송달신청 2] 소장과 함께 제출하는 경우············································ 1012
[공시송달신청 3] 의사표시······································································1013
[임의경매개시결정이의신청서]··································································1015
[주택임차권등기명령신청서 1]································································· 1018
[주택임차권등기명령신청서 2]································································· 1021
[주택임차권등기명령신청서 3]································································· 1023
[주택임차권등기명령신청서 4]································································· 1027
[임차권등기명령결정에대한이의신청서]······················································1030
[부동산인도명령신청서 1] 점유자·····························································1032
[부동산인도명령신청서 2] 채무자 겸 소유자·············································· 1034
[부동산인도명령신청서 3] 채무자·····························································1037
[재산명시명령신청서 1]·········································································· 1039
[재산명시명령신청서 2]·········································································· 1043
[재산명시명령신청서 3]·········································································· 1045
[재산명시명령신청서 4]·········································································· 1047
[제소명령신청서]····················································································1048
[담보취소신청서 1] 동의에 의한 담보취소신청··········································· 1049
[담보취소신청서 2] 소멸에 의한 담보취소신청··········································· 1054
[담보취소신청서 3] 권리행사최고 및 담보취소신청····································· 1059
[공시최고신청서 1] 자기앞수표 분실························································ 1061
[공시최고신청서 2] 자기앞수표 분실························································ 1063
[공시최고신청서 3] 가계수표 분실··························································· 1065
[공시최고신청서 4] 약속어음 분실··························································· 1067
[상속포기심판청구서 1]·········································································· 1071
[상속포기심판청구서 2]·········································································· 1073
[상속한정승인심판청구서 1]···································································· 1074
[상속한정승인심판청구서 2]···································································· 1077
[각서 1] 부동산임의경매신청사건 보정시·················································· 1079
[각서 2] 부동산임의경매신청사건 보정시·················································· 1080
[이의신청포기서]····················································································1083
[제3채무자에대한진술최고신청서]·····························································1084
[인도확인서]··························································································1085
[채권상계신청서]····················································································1086
[경매취하동의서]····················································································1087
[근저당권설정시 필요한 차용금]·······························································1087
[임의경매신청시 등기필증, 대출거래약정서 분실시 첨부할 서면]·················· 1088
[권리신고 및 배당요구신청서 작성 예시]···················································1092
가. 권리신고 및 배당요구신청(가압류권자)·················································1092
나. 권리신고 및 배당요구신청(임차권자)··················································· 1093
다. 배당요구신청(점유자)········································································1094
[채권계산서 작성 예시]···········································································1095
가. 채권계산서(임차인, 주택)··································································· 1095
나. 채권계산서(임차인, 상가)··································································· 1096
다. 채권계산서(가압류권자)····································································· 1097
라. 채권계산서(채권양수인)····································································· 1098
마. 채권계산서(집행권원취득자)································································ 1099
바. 채권계산서(압류 및 전부명령채권자)····················································· 1100
사. 채권신고 및 계산서(제3채무자가 집행공탁시 채권자)································1102
[승계집행문신청서 작성 예시]··································································1103
가. 승계집행문부여신청(상속인)·······························································1103
나. 승계집행문부여신청(상속인)·······························································1105
다. 승계집행문부여신청(대환)··································································1106
라. 승계집행문부여신청(서환)··································································1107
마. 승계집행문부여신청(신설합병)···························································· 1108
바. 승계집행문부여신청(신설합병)···························································· 1110
사. 승계집행문부여신청(흡수합병)···························································· 1111
아. 승계집행문부여신청(공정증서)···························································· 1112
자. 승계집행문부여신청(제소전화해조서)···················································· 1113
[소송절차수계신청서 작성 예시]·······························································1114
가. 소송절차수계신청(상속인)··································································1114
나. 소송절차수계신청(상속인)··································································1115
[소송절차중지신청서 작성 예시]·······························································1116
가. 소송절차중지신청(피고의 천재지변 사유)··············································· 1116
나. 소송절차중지신청(피고의 중병 사유)···················································· 1117
[강제집행절차수계신청서]········································································1118
[집행문수통 및 재도부여신청서 작성 예시]················································1119
가. 집행문수통부여신청(재산이 산재)························································ 1119
나. 집행문수통부여신청(재산이 산재)························································ 1120
다. 집행문재도부여신청(분실을 이유로)····················································· 1121
라. 집행문재도부여신청(동산, 부동산집행)·················································· 1122
[주소보정기간연장신청서 작성 예시]·························································1122
[변론기일연기신청 및 지정신청서 작성 예시]·············································1123
가. 변론기일연기신청(출타중)··································································1123
나. 변론기일연기신청(예비군훈련)···························································· 1124
다. 변론기일지정신청(쌍방불출석)···························································· 1125
라. 변론기일지정신청(취하간주)······························································· 1126
마. 변론기일지정신청(변론불출석)···························································· 1127
바. 변론기일지정신청(공시송달)······························································· 1128
[매각기일변경 및 경매기일연기신청서 작성 예시]·······································1129
가. 매각기일변경신청············································································1129
나. 경매기일연기신청············································································1130
[예납금잔액환부신청서 작성 예시]····························································1132
가. 예납금잔액환부신청·········································································1132
나. 위 임 장························································································1133
[배당표등본교부신청 및 집행비용계산서등본교부신청서 작성 예시]··············· 1133
가. 배당표등본교부신청·········································································1133
나. 집행비용계산서 등본 교부신청·························································· 1134
[통지서 작성 예시] 채무부존재································································ 1135
[채권소멸통지서 작성 예시]·····································································1136
가. 채권소멸통지서(채무변제)·································································· 1136
나. 채권소멸통지서(채무변제)·································································· 1136
다. 채권소멸통지서(채무변제)·································································· 1137
[채권부존재확인서 작성 예시]··································································1138
[채권추심의뢰서 작성 예시]·····································································1138
[채권추심신고서 작성 예시]·····································································1139
[민사사건 등의 취하서 신청서 표지 서식]················································· 1140
가. 부동산가압류신청취하 및 집행해제신청서 표지····································1140
나. 지급명령신청서 표지······································································· 1141
[강제집행 위임장]·················································································· 1141
[소송비용액 확정신청서]········································································· 1142
[문서제출명령신청서]··············································································1144
[사실조회신청서]····················································································1145
[변론재개신청서 1]················································································ 1146
[변론재개신청서 2]················································································ 1147
[증거설명서]··························································································1147
[검증･감정신청서]·················································································· 1148
[집행문(재도･수통)부여신청서]···································································1149
[지급명령정본 재교부신청서]··································································· 1150
[지급명령에 대한 이의신청서]··································································1151
[접수증명서]··························································································1152
[인우보증서]··························································································1153
제10장 소송실무자료
[자료 1] 소멸시효일람표·········································································1157
[자료 2] 인지액산정방법·········································································1158
[자료 3] 송달료조견표············································································1160
[자료 4] 소가산정사례············································································1162
[자료 5] 소가계산방법············································································1163
[자료 6] 통일된 사건명 부여···································································1165
[자료 7] 법원사건부호표·········································································1167
[자료 8] 민사접수서류에 붙일 인지액 및 그 편철방법 등 일람표··················1171
✜ 서식색인·································································································· 1187