判決의 片面的 對世效와 必須的 共同訴訟-대법원 2021. 7. 22. 선고 2020다284977 전원합의체 판결

In this paper, I examined whether co-litigation, such as administrative litigation, household litigation, and company-related litigation applied or applied mutatis mutandis to the text of Article 190 of the Commercial Act, constitutes a (similar) indispensable co-litigation, and drew a conclusion to disagree with it. In addition, I considered the issue of “the status of an indispensable co-litigant, not appealed or not been filed an appeal by the counter party in the procedure of appeal” which is one of the old points of controversy over indispensable co-litigation, and presented my opinion. The essence of my opinion is that if the provisions of Article 67 (1) and (2) of the Civil Procedure Act are interpreted and applied as they are, such co-litigants acquire the status of the appellant or the appellee, so they can make all necessary arguments in the proceedings of the Court of Appeal.