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KCI등재 학술저널

관련재판적과 관할선택권의 남용

대법원 2011. 9. 29.자 2011마62 결정을 중심으로

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Under the Korean Code of Civil Procedure(“KCCP”), forum for related claim is admitted in case of joint litigation, though agreement on exclusive jurisdiction was concluded between some of joint litigants. In Consideration of broad legal jurisdiction as stated above, it is necessary to limit the plaintiff’s right to choose jurisdiction. Recently the Supreme Court of Korea for the first time held that the right to choose jurisdiction may be limited in accordance with good faith principle, which is applied to Civil Procedure Rule. Namely, if it is apparent that the plaintiff brings a lawsuit attaching to another lawsuit for the purpose of occurring forum for related claim, then the regulations on forum for related claim should not be applied in account of abuse of the right to choose jurisdiction. This principle is appropriate to prevent unfair development of jurisdiction and to protect defendant’s benefit of jurisdiction. However, as good faith principle is general clause, it is more adequate to consider transfer of lawsuit to avoid prominent damage or delay pursuant to the Article 35 of the KCCP. Also in the case of above decision by the Supreme Court of Korea, it is permitted to transfer the case to avoid prominent damage or delay.

Ⅰ. 판례의 개요

Ⅱ. 머리말

Ⅲ. 이 사건 관할합의의 모습과 효력범위

Ⅳ. 관련재판적의 적용에 관한 문제점

Ⅴ. 관련재판적과 관할선택권의 남용

Ⅵ. 손해나 지연을 피하기 위한 이송의 가능성

Ⅶ. 맺음말

참고문헌

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