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[2016_실전 문제풀이+최종정리] 부동산등기법 (16년 5-6월)
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| 교수 |
유석주
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강의구성 | 총 59강/(종강:55시간) |
|---|---|---|---|
| 과목 | 부동산등기법 | 촬영학원 | 서울법학원 |
| 강좌유형 | 문제풀이 | 수강료/기간 | 200,000 원/50일/3배 |
| 샘플강의 | 1강 맛보기 (HD) | ||
| 번호 | 학습내용 | 시간 | 샘플강의 |
|---|
| 1강 | [1회차] [0427_1] 제1장 제1절 서설 / 문제1번 p3~12 (p.9~13) | 51분 |
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| 2강 | [1회차] [0427_2] 제1장 제3절 등기할 사항 / 문제1번 p12~22 (p.14~22) | 52분 | |
| 3강 | [1회차] [0427_3] 문제18번 / 제1장 제4절 등기희 효력 p22~28 (p.22~39) | 59분 | |
| 4강 | [1회차] [0427_4] 제1장 제5절 등기의 유효요건 / 문제7번 p39~53 (p.28~32) | 57분 | |
| 5강 | [2회차] [0428_1] 제2장 제1절 등기소 / 문제1번 p55~63 (p.33~38) | 55분 | |
| 6강 | [2회차] [0428_2] 문제3번 / 제3장 제2절 폐쇄등기부 p38~45 (p.66~77) | 48분 | |
| 7강 | [2회차] [0428_3] 문제8번 / 제3장 제5절 등기사항의 증명서의 발급과 열람 p45~58 (p.78~83) | 54분 | |
| 8강 | [2회차] [0428_4] 문제1번 / 제4장 제1절 등기신청절차 일반 p59~68 (p.83~111) | 59분 | |
| 9강 | [3회차] [0504_1] 제4장 제2절 당사자에게 등기신청 의무가 있는경우 / 문제1번 p111~123 (p.61~68) | 50분 | |
| 10강 | [3회차] [0504_2] 제4장 제5절 대리인에 의한 등기신청 / 문제2번 p124~133 (p.68~77) | 50분 | |
| 11강 | [3회차] [0504_3] 제4장 제6절 법인의 등기신청 / 문제1번 p133~149 (p.77~84) | 61분 | |
| 12강 | [3회차] [0504_4] 제4장 제9절 대위등기 신청 / 문제1번 p152~164 (p.84~92) | 56분 | |
| 13강 | [4회차] [0511_1] 제5장 제2절 신청정보의 내용 / 문제5번 p162~176 (p.92~100) | 47분 | |
| 14강 | [4회차] [0511_2] 문제4번 / 문제1번 p176~185 / 제6장 제2절 등기의무자의 등기필증 p100~111 (p.314~315) | 63분 | |
| 15강 | [4회차] [0511_3] 제6장 제3절 제3자의 허가, 동의, 승낙을 증명하는 서면 / 문제1번 p186~211 (p.111~121) | 70분 | |
| 16강 | [4회차] [0511_3] [0511_4] 문제34번 / 제6장 제3절 4. 외국인의 토지취득에 대한 허가서 p121~132 (p.212~221) | 41분 | |
| 17강 | [5회차] [0512_1] 문제45번 / 요약집) 제6장 제6절 대리권을 증명하는 정보 p133~140 (p.221~230) | 54분 | |
| 18강 | [5회차] [0512_2] 문제1번 / 요약집) 제6장 제9절 인감증명 p140~147 (p.231~262) | 55분 | |
| 19강 | [5회차] [0512_3] 문제12번 / 요약집) 제6장 제10절 부동산의 표시를 증명하는 정보 p148~166 (p.262~248) | 71분 | |
| 20강 | [5회차] [0512_4] 요약집) 제6장 제16절 5. 등기신청 수수료 / 문제1번 p248~270 (p.164~174) | 42분 |
| 교수 | 유석주 |
|---|---|
| 인사말 | 안녕하세요! 부동산등기법을 강의하는 유석주입니다. |
| 교수주요경력 |
- 서울대학교 철학과 졸업 - 제3회 법무사 시험합격 - (현) 서울 서초동 법무사사무소 운영 - (현) 대한법무사협회 등기법학회 연구이사 - (현) 대한법무사협회 법무사연수원 부동산등기법 교수 - (현) 대한법무사협회 전문위원(교육) - (현) 서울법학원 부동산등기법 전임교수 |
| 주교재 소개 |
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| 주교재 특징 |
신정10판에서 개정된 내용 중 몇 개만 소개하면 다음과 같다. 1. 유언집행자가 유언자보다 나중에 사망한 경우에는 새로이 유언집행자를 선임하여야 하지만(민법 제1096조), 유언집행자가 유언자보다 먼저 사망한 경우에는 상속인이 유언집행자가 되어 유증을 원인으로 소유권이전등기를 신청할 수 있다고(민법제1095조) 규정한 등기선례 2015. 8. 24. 부동산등기과－2015 질의회답 내용을 교재에 반영하였다. 2. 보조금 관리에 관한 법률이 2016. 1. 28. 일부 개정되고 2016. 4. 29. 부터 시행됨에 따라 같은 법 제35조의2에 의하면 '해당 부동산은 보조금으로 취득한 재산이라는 것과, 이를 처분하고자 하는 경우에는 중앙관서의 승인을 얻어야 한다는 취지'의 부기등기를 하여야 한다. 따라서 '보조금관리에 관한 법률 제35조의 규정에 의한 재산처분 제한에 관한 사항'을 등기할 수 없도록 규정했던 종전 2015.07.03 등기예규 제1578호는 조만간 개정될 것으로 보아 그 내용을 교재에 미리 수록하였다. 3. 주택법이 개정됨에 따라 국민주택채권의 근거규정을 '주택도시기금법'으로 변경하고, 교재 내용 중 '대한주택보증주식회사'를 '주택도시보증공사'로 대체하였다. 4. 개정 9판까지는 교재 내용을 2단계로 하여 '기본문제'와 '최신 기출문제 및 예상문제'를 나누어 수록하였지만, 반복 학습의 효과를 도모하기보다는 교재 내용이 오히려 산만해지는 불편함이 있어서 개정 10판에서는 이를 통합하여 교과서 순서에 따라 수록하였다. 다만 중요문제는 문제번호 앞에 '★' 표기를 하였으므로, 시간이 없거나 중요 문제만 확인하고자 하는 수험생은 ★로 처리된 문제만 학습하면 될 것이다. 5. 종래에는 총 17장으로 되어 있었는데 이는 기본서 편제와 맞지 않아서 총론 편 10장, 각론편 10장 합계 20장으로 문제를 나누었다. 교과서 진도에 맞추어 문제집을 풀어보려고 하는 수험생에게는 좀더 도움이 될 것으로 생각한다. 본서를 업데이트하거나 수정할 내용이 있으면 본인의 네이버밴드 '유석주법무사 부동산등기법 공부방'에 업로드할 것이다. 궁금한 사항이 있으면 위 밴드를 활용하기 바란다. 아무쪼록 본서를 가지고 부동산등기법을 학습하고 각종 시험에 대비하는 수험생에게 조금이나마 도움이 되기를 바란다. 아울러 인터넷 동영상 강의를 이용하여 본교재를 이해하려는 분 들은 출판사에서 안내를 받을 수 있다. 본 서적의 출판 작업에 성의를 다하여 주신 河仁雄 사장님 및 편집부 직원 여러분 모두에게 깊은 감사를 드립니다. 2016. 4. 1. 著者 識 |
| 주교재 목차 |
제1편 부동산등기법 총론
제1장 총 칙 제1절 총 설 ········································································································3 제2절 등기의 종류 ·······························································································5 제3절 등기할 사항 ·····························································································12 제4절 등기의 효력 ·····························································································26 제5절 등기의 유효요건 ······················································································35 제2장 등기소와 등기관 제1절 등 기 소 ···································································································55 제2절 등 기 관 ···································································································60 제3장 등기에 관한 장부 제1절 등 기 부 ···································································································65 제2절 폐쇄등기부 및 기타의 장부 ·····································································71 제3절 장부의 보존 및 관리 ···············································································74 제4절 등기사항의 열람과 증명제도 ··································································83 제4장 등기신청인 제1절 등기신청의 일반원칙 ················································································99 제2절 당사자에게 등기신청의무가 있는 경우 ················································111 제3절 등기당사자능력 등 ·················································································117 제4절 대리인에 의한 등기신청 ·······································································123 제5절 법인의 등기신청 ····················································································133 차례 Contents -xiiixiv 차 례 제6절 법인 아닌 사단/재단의 등기신청 ·························································133 제7절 포괄승계인에 의한 등기신청 ································································145 제8절 대위등기신청 ··························································································152 제5장 등기신청정보 제1절 서 설 ····································································································159 제2절 신청서의 작성방법 ·················································································159 제3절 등기소에 제공하여야 하는 신청정보 ···················································159 제4절 등기소에 신청정보를 제공하는 방법 ···················································159 제6장 첨부정보 제1절 서설, 등기원인을 증명하는 정보 ··························································165 제2절 등기의무자의 등기필정보/등기필증 ······················································176 제3절 등기원인에 대한 제3자의 허가, 동의, 승낙서 ····································186 제4절 대리권한을 증명하는 정보 ····································································225 제5절 주소를 증명하는 정보 ···········································································228 제6절 주민등록번호/부동산등기용등록번호를 증명하는 정보 ·······················231 제7절 인감증명, 본인서명사실확인서 ······························································233 제8절 건물도면(지적도), 규약 ·········································································241 제9절 부동산거래계약신고필증, 매매목록 ······················································245 제10절 취득세, 국민주택채권, 등기신청수수료 등 ········································248 제11절 영구보존문서, 첨부서면의 원용 등 ····················································250 제12절 외국인, 재외국민의 등기신청시의 첨부서면 ······································254 제7장 판결에 의한 등기 제1절 공동신청주의와의 관계 ·········································································271 제2절 부동산등기법 제23조 제4항의 판결 ····················································271 제3절 판결에 의한 등기와 집행문 ·································································276 제4절 판결에 의한 등기의 신청절차 ······························································286 제5절 관련 문제 ·······························································································286 제8장 전자신청절차 제1절 전자등기신청의 도입배경 및 의의 ·······················································301 차 례 xv 제2절 전자신청의 인정범위 ·············································································301 제3절 전자등기신청시스템의 주요 특징 ·························································301 제4절 사용자등록절차 ······················································································301 제5절 전자신청의 절차 ····················································································301 제6절 등기의 실행 ···························································································301 제7절 전자표준양식에 의한 신청 ···································································301 제9장 등기실행절차 제1절 총 설 ····································································································311 제2절 등기신청서의 제출 및 접수 ·································································311 제3절 신청사항의 기입 ····················································································319 제4절 등기신청서의 조사 ················································································319 제5절 등기의 실행 ···························································································319 제6절 등기신청에 대한 보정 및 취하 ····························································320 제7절 등기신청의 심사 및 각하 ·····································································324 제8절 등기완료 이후의 절차 ···········································································343 제10장 이의신청절차 ----355 제2편 부동산등기법 각론 제11장 소유권에 관한 등기절차 제1절 소유권보존등기 ······················································································373 제2절 소유권이전등기 ······················································································396 제3절 공동소유에 관한 등기 ···········································································443 제4절 환매특약 및 특별법에 의한 특약사항의 등기 ·····································471 제12장 용익권에 관한 등기절차 제1절 지상권에 관한 등기 ················································································489 제2절 지역권에 관한 등기 ···············································································498 제3절 전세권에 관한 등기 ···············································································501 제4절 임차권에 관한 등기 ···············································································515 xvi 차 례 제13장 담보권에 관한 등기절차 제1절 근저당권에 관한 등기 ···········································································525 제2절 공동저당 ·································································································551 제3절 공장저당권설정등기 ···············································································562 제4절 권리질권 및 채권담보권에 관한 등기 ·················································569 제14장 부동산표시에 관한 등기절차 제1절 부동산의 변경등기 ·················································································573 제2절 멸실등기 ·································································································589 제3절 토지개발사업에 따른 등기 ····································································592 제4절 도로명주소법에 따른 등기 ····································································594 제15장 변경·경정·말소·말소회복에 관한 등기절차 제1절 변경등기 ·································································································599 제2절 경정등기 ·································································································605 제3절 말소등기 ·································································································623 제4절 말소회복등기 ··························································································641 제16장 가 등 기 제1절 가등기에 관한 등기절차 ·······································································653 제2절 가등기에 의한 본등기 ···········································································662 제17장 촉탁에 의한 등기절차 제1절 가압류에 관한 등기절차 ·······································································681 제2절 가처분에 관한 등기절차 ·······································································687 제3절 경매에 관한 등기절차 ···········································································703 제4절 관공서의 촉탁에 의한 등기절차 ···························································721 제18장 구분건물에 관한 등기절차 제1절 대지사용권과 대지권의 개념 ································································731 제2절 대지권등기와 분리처분의 금지 ·····························································735 제3절 대지권등기절차 ······················································································741 차 례 xvii 제4절 대지권등기의 허용여부 ·········································································750 제5절 대지사용권이전등기와 대지권등기 ·······················································760 제6절 규약상 공용부분이라는 뜻의 등기 ·······················································765 제19장 신탁에 관한 등기절차 제1절 신탁등기 ·································································································769 제2절 부동산실명법에 의한 명의신탁등기 ·····················································793 제20장 그 밖의 등기절차 제1절 환지등기절차 ··························································································807 제2절 멸실회복등기절차 ···················································································814 제3절 예고등기말소절차 ···················································································817제1편 부동산등기법 총론 제1장 총 칙 제1절 총 설 ········································································································3 제2절 등기의 종류 ·······························································································5 제3절 등기할 사항 ·····························································································12 제4절 등기의 효력 ·····························································································26 제5절 등기의 유효요건 ······················································································35 제2장 등기소와 등기관 제1절 등 기 소 ···································································································55 제2절 등 기 관 ···································································································60 제3장 등기에 관한 장부 제1절 등 기 부 ···································································································65 제2절 폐쇄등기부 및 기타의 장부 ·····································································71 제3절 장부의 보존 및 관리 ···············································································74 제4절 등기사항의 열람과 증명제도 ··································································83 제4장 등기신청인 제1절 등기신청의 일반원칙 ················································································99 제2절 당사자에게 등기신청의무가 있는 경우 ················································111 제3절 등기당사자능력 등 ·················································································117 제4절 대리인에 의한 등기신청 ·······································································123 제5절 법인의 등기신청 ····················································································133 차례 Contents -xiiixiv 차 례 제6절 법인 아닌 사단/재단의 등기신청 ·························································133 제7절 포괄승계인에 의한 등기신청 ································································145 제8절 대위등기신청 ··························································································152 제5장 등기신청정보 제1절 서 설 ····································································································159 제2절 신청서의 작성방법 ·················································································159 제3절 등기소에 제공하여야 하는 신청정보 ···················································159 제4절 등기소에 신청정보를 제공하는 방법 ···················································159 제6장 첨부정보 제1절 서설, 등기원인을 증명하는 정보 ··························································165 제2절 등기의무자의 등기필정보/등기필증 ······················································176 제3절 등기원인에 대한 제3자의 허가, 동의, 승낙서 ····································186 제4절 대리권한을 증명하는 정보 ····································································225 제5절 주소를 증명하는 정보 ···········································································228 제6절 주민등록번호/부동산등기용등록번호를 증명하는 정보 ·······················231 제7절 인감증명, 본인서명사실확인서 ······························································233 제8절 건물도면(지적도), 규약 ·········································································241 제9절 부동산거래계약신고필증, 매매목록 ······················································245 제10절 취득세, 국민주택채권, 등기신청수수료 등 ········································248 제11절 영구보존문서, 첨부서면의 원용 등 ····················································250 제12절 외국인, 재외국민의 등기신청시의 첨부서면 ······································254 제7장 판결에 의한 등기 제1절 공동신청주의와의 관계 ·········································································271 제2절 부동산등기법 제23조 제4항의 판결 ····················································271 제3절 판결에 의한 등기와 집행문 ·································································276 제4절 판결에 의한 등기의 신청절차 ······························································286 제5절 관련 문제 ·······························································································286 제8장 전자신청절차 제1절 전자등기신청의 도입배경 및 의의 ·······················································301 차 례 xv 제2절 전자신청의 인정범위 ·············································································301 제3절 전자등기신청시스템의 주요 특징 ·························································301 제4절 사용자등록절차 ······················································································301 제5절 전자신청의 절차 ····················································································301 제6절 등기의 실행 ···························································································301 제7절 전자표준양식에 의한 신청 ···································································301 제9장 등기실행절차 제1절 총 설 ····································································································311 제2절 등기신청서의 제출 및 접수 ·································································311 제3절 신청사항의 기입 ····················································································319 제4절 등기신청서의 조사 ················································································319 제5절 등기의 실행 ···························································································319 제6절 등기신청에 대한 보정 및 취하 ····························································320 제7절 등기신청의 심사 및 각하 ·····································································324 제8절 등기완료 이후의 절차 ···········································································343 제10장 이의신청절차 ----355 제2편 부동산등기법 각론 제11장 소유권에 관한 등기절차 제1절 소유권보존등기 ······················································································373 제2절 소유권이전등기 ······················································································396 제3절 공동소유에 관한 등기 ···········································································443 제4절 환매특약 및 특별법에 의한 특약사항의 등기 ·····································471 제12장 용익권에 관한 등기절차 제1절 지상권에 관한 등기 ················································································489 제2절 지역권에 관한 등기 ···············································································498 제3절 전세권에 관한 등기 ···············································································501 제4절 임차권에 관한 등기 ···············································································515 xvi 차 례 제13장 담보권에 관한 등기절차 제1절 근저당권에 관한 등기 ···········································································525 제2절 공동저당 ·································································································551 제3절 공장저당권설정등기 ···············································································562 제4절 권리질권 및 채권담보권에 관한 등기 ·················································569 제14장 부동산표시에 관한 등기절차 제1절 부동산의 변경등기 ·················································································573 제2절 멸실등기 ·································································································589 제3절 토지개발사업에 따른 등기 ····································································592 제4절 도로명주소법에 따른 등기 ····································································594 제15장 변경·경정·말소·말소회복에 관한 등기절차 제1절 변경등기 ·································································································599 제2절 경정등기 ·································································································605 제3절 말소등기 ·································································································623 제4절 말소회복등기 ··························································································641 제16장 가 등 기 제1절 가등기에 관한 등기절차 ·······································································653 제2절 가등기에 의한 본등기 ···········································································662 제17장 촉탁에 의한 등기절차 제1절 가압류에 관한 등기절차 ·······································································681 제2절 가처분에 관한 등기절차 ·······································································687 제3절 경매에 관한 등기절차 ···········································································703 제4절 관공서의 촉탁에 의한 등기절차 ···························································721 제18장 구분건물에 관한 등기절차 제1절 대지사용권과 대지권의 개념 ································································731 제2절 대지권등기와 분리처분의 금지 ·····························································735 제3절 대지권등기절차 ······················································································741 차 례 xvii 제4절 대지권등기의 허용여부 ·········································································750 제5절 대지사용권이전등기와 대지권등기 ·······················································760 제6절 규약상 공용부분이라는 뜻의 등기 ·······················································765 제19장 신탁에 관한 등기절차 제1절 신탁등기 ·································································································769 제2절 부동산실명법에 의한 명의신탁등기 ·····················································793 제20장 그 밖의 등기절차 제1절 환지등기절차 ··························································································807 제2절 멸실회복등기절차 ···················································································814 제3절 예고등기말소절차 ···················································································817제1편 부동산등기법 총론 제1장 총 칙 제1절 총 설 ········································································································3 제2절 등기의 종류 ·······························································································5 제3절 등기할 사항 ·····························································································12 제4절 등기의 효력 ·····························································································26 제5절 등기의 유효요건 ······················································································35 제2장 등기소와 등기관 제1절 등 기 소 ···································································································55 제2절 등 기 관 ···································································································60 제3장 등기에 관한 장부 제1절 등 기 부 ···································································································65 제2절 폐쇄등기부 및 기타의 장부 ·····································································71 제3절 장부의 보존 및 관리 ···············································································74 제4절 등기사항의 열람과 증명제도 ··································································83 제4장 등기신청인 제1절 등기신청의 일반원칙 ················································································99 제2절 당사자에게 등기신청의무가 있는 경우 ················································111 제3절 등기당사자능력 등 ·················································································117 제4절 대리인에 의한 등기신청 ·······································································123 제5절 법인의 등기신청 ····················································································133 차례 Contents -xiiixiv 차 례 제6절 법인 아닌 사단/재단의 등기신청 ·························································133 제7절 포괄승계인에 의한 등기신청 ································································145 제8절 대위등기신청 ··························································································152 제5장 등기신청정보 제1절 서 설 ····································································································159 제2절 신청서의 작성방법 ·················································································159 제3절 등기소에 제공하여야 하는 신청정보 ···················································159 제4절 등기소에 신청정보를 제공하는 방법 ···················································159 제6장 첨부정보 제1절 서설, 등기원인을 증명하는 정보 ··························································165 제2절 등기의무자의 등기필정보/등기필증 ······················································176 제3절 등기원인에 대한 제3자의 허가, 동의, 승낙서 ····································186 제4절 대리권한을 증명하는 정보 ····································································225 제5절 주소를 증명하는 정보 ···········································································228 제6절 주민등록번호/부동산등기용등록번호를 증명하는 정보 ·······················231 제7절 인감증명, 본인서명사실확인서 ······························································233 제8절 건물도면(지적도), 규약 ·········································································241 제9절 부동산거래계약신고필증, 매매목록 ······················································245 제10절 취득세, 국민주택채권, 등기신청수수료 등 ········································248 제11절 영구보존문서, 첨부서면의 원용 등 ····················································250 제12절 외국인, 재외국민의 등기신청시의 첨부서면 ······································254 제7장 판결에 의한 등기 제1절 공동신청주의와의 관계 ·········································································271 제2절 부동산등기법 제23조 제4항의 판결 ····················································271 제3절 판결에 의한 등기와 집행문 ·································································276 제4절 판결에 의한 등기의 신청절차 ······························································286 제5절 관련 문제 ·······························································································286 제8장 전자신청절차 제1절 전자등기신청의 도입배경 및 의의 ·······················································301 차 례 xv 제2절 전자신청의 인정범위 ·············································································301 제3절 전자등기신청시스템의 주요 특징 ·························································301 제4절 사용자등록절차 ······················································································301 제5절 전자신청의 절차 ····················································································301 제6절 등기의 실행 ···························································································301 제7절 전자표준양식에 의한 신청 ···································································301 제9장 등기실행절차 제1절 총 설 ····································································································311 제2절 등기신청서의 제출 및 접수 ·································································311 제3절 신청사항의 기입 ····················································································319 제4절 등기신청서의 조사 ················································································319 제5절 등기의 실행 ···························································································319 제6절 등기신청에 대한 보정 및 취하 ····························································320 제7절 등기신청의 심사 및 각하 ·····································································324 제8절 등기완료 이후의 절차 ···········································································343 제10장 이의신청절차 ----355 제2편 부동산등기법 각론 제11장 소유권에 관한 등기절차 제1절 소유권보존등기 ······················································································373 제2절 소유권이전등기 ······················································································396 제3절 공동소유에 관한 등기 ···········································································443 제4절 환매특약 및 특별법에 의한 특약사항의 등기 ·····································471 제12장 용익권에 관한 등기절차 제1절 지상권에 관한 등기 ················································································489 제2절 지역권에 관한 등기 ···············································································498 제3절 전세권에 관한 등기 ···············································································501 제4절 임차권에 관한 등기 ···············································································515 xvi 차 례 제13장 담보권에 관한 등기절차 제1절 근저당권에 관한 등기 ···········································································525 제2절 공동저당 ·································································································551 제3절 공장저당권설정등기 ···············································································562 제4절 권리질권 및 채권담보권에 관한 등기 ·················································569 제14장 부동산표시에 관한 등기절차 제1절 부동산의 변경등기 ·················································································573 제2절 멸실등기 ·································································································589 제3절 토지개발사업에 따른 등기 ····································································592 제4절 도로명주소법에 따른 등기 ····································································594 제15장 변경·경정·말소·말소회복에 관한 등기절차 제1절 변경등기 ·································································································599 제2절 경정등기 ·································································································605 제3절 말소등기 ·································································································623 제4절 말소회복등기 ··························································································641 제16장 가 등 기 제1절 가등기에 관한 등기절차 ·······································································653 제2절 가등기에 의한 본등기 ···········································································662 제17장 촉탁에 의한 등기절차 제1절 가압류에 관한 등기절차 ·······································································681 제2절 가처분에 관한 등기절차 ·······································································687 제3절 경매에 관한 등기절차 ···········································································703 제4절 관공서의 촉탁에 의한 등기절차 ···························································721 제18장 구분건물에 관한 등기절차 제1절 대지사용권과 대지권의 개념 ································································731 제2절 대지권등기와 분리처분의 금지 ·····························································735 제3절 대지권등기절차 ······················································································741 차 례 xvii 제4절 대지권등기의 허용여부 ·········································································750 제5절 대지사용권이전등기와 대지권등기 ·······················································760 제6절 규약상 공용부분이라는 뜻의 등기 ·······················································765 제19장 신탁에 관한 등기절차 제1절 신탁등기 ·································································································769 제2절 부동산실명법에 의한 명의신탁등기 ·····················································793 제20장 그 밖의 등기절차 제1절 환지등기절차 ··························································································807 제2절 멸실회복등기절차 ···················································································814 제3절 예고등기말소절차 ···················································································817제1편 부동산등기법 총론 제1장 총 칙 제1절 총 설 ········································································································3 제2절 등기의 종류 ·······························································································5 제3절 등기할 사항 ·····························································································12 제4절 등기의 효력 ·····························································································26 제5절 등기의 유효요건 ······················································································35 제2장 등기소와 등기관 제1절 등 기 소 ···································································································55 제2절 등 기 관 ···································································································60 제3장 등기에 관한 장부 제1절 등 기 부 ···································································································65 제2절 폐쇄등기부 및 기타의 장부 ·····································································71 제3절 장부의 보존 및 관리 ···············································································74 제4절 등기사항의 열람과 증명제도 ··································································83 제4장 등기신청인 제1절 등기신청의 일반원칙 ················································································99 제2절 당사자에게 등기신청의무가 있는 경우 ················································111 제3절 등기당사자능력 등 ·················································································117 제4절 대리인에 의한 등기신청 ·······································································123 제5절 법인의 등기신청 ····················································································133 차례 Contents -xiiixiv 차 례 제6절 법인 아닌 사단/재단의 등기신청 ·························································133 제7절 포괄승계인에 의한 등기신청 ································································145 제8절 대위등기신청 ··························································································152 제5장 등기신청정보 제1절 서 설 ····································································································159 제2절 신청서의 작성방법 ·················································································159 제3절 등기소에 제공하여야 하는 신청정보 ···················································159 제4절 등기소에 신청정보를 제공하는 방법 ···················································159 제6장 첨부정보 제1절 서설, 등기원인을 증명하는 정보 ··························································165 제2절 등기의무자의 등기필정보/등기필증 ······················································176 제3절 등기원인에 대한 제3자의 허가, 동의, 승낙서 ····································186 제4절 대리권한을 증명하는 정보 ····································································225 제5절 주소를 증명하는 정보 ···········································································228 제6절 주민등록번호/부동산등기용등록번호를 증명하는 정보 ·······················231 제7절 인감증명, 본인서명사실확인서 ······························································233 제8절 건물도면(지적도), 규약 ·········································································241 제9절 부동산거래계약신고필증, 매매목록 ······················································245 제10절 취득세, 국민주택채권, 등기신청수수료 등 ········································248 제11절 영구보존문서, 첨부서면의 원용 등 ····················································250 제12절 외국인, 재외국민의 등기신청시의 첨부서면 ······································254 제7장 판결에 의한 등기 제1절 공동신청주의와의 관계 ·········································································271 제2절 부동산등기법 제23조 제4항의 판결 ····················································271 제3절 판결에 의한 등기와 집행문 ·································································276 제4절 판결에 의한 등기의 신청절차 ······························································286 제5절 관련 문제 ·······························································································286 제8장 전자신청절차 제1절 전자등기신청의 도입배경 및 의의 ·······················································301 차 례 xv 제2절 전자신청의 인정범위 ·············································································301 제3절 전자등기신청시스템의 주요 특징 ·························································301 제4절 사용자등록절차 ······················································································301 제5절 전자신청의 절차 ····················································································301 제6절 등기의 실행 ···························································································301 제7절 전자표준양식에 의한 신청 ···································································301 제9장 등기실행절차 제1절 총 설 ····································································································311 제2절 등기신청서의 제출 및 접수 ·································································311 제3절 신청사항의 기입 ····················································································319 제4절 등기신청서의 조사 ················································································319 제5절 등기의 실행 ···························································································319 제6절 등기신청에 대한 보정 및 취하 ····························································320 제7절 등기신청의 심사 및 각하 ·····································································324 제8절 등기완료 이후의 절차 ···········································································343 제10장 이의신청절차 ----355 제2편 부동산등기법 각론 제11장 소유권에 관한 등기절차 제1절 소유권보존등기 ······················································································373 제2절 소유권이전등기 ······················································································396 제3절 공동소유에 관한 등기 ···········································································443 제4절 환매특약 및 특별법에 의한 특약사항의 등기 ·····································471 제12장 용익권에 관한 등기절차 제1절 지상권에 관한 등기 ················································································489 제2절 지역권에 관한 등기 ···············································································498 제3절 전세권에 관한 등기 ···············································································501 제4절 임차권에 관한 등기 ···············································································515 xvi 차 례 제13장 담보권에 관한 등기절차 제1절 근저당권에 관한 등기 ···········································································525 제2절 공동저당 ·································································································551 제3절 공장저당권설정등기 ···············································································562 제4절 권리질권 및 채권담보권에 관한 등기 ·················································569 제14장 부동산표시에 관한 등기절차 제1절 부동산의 변경등기 ·················································································573 제2절 멸실등기 ·································································································589 제3절 토지개발사업에 따른 등기 ····································································592 제4절 도로명주소법에 따른 등기 ····································································594 제15장 변경·경정·말소·말소회복에 관한 등기절차 제1절 변경등기 ·································································································599 제2절 경정등기 ·································································································605 제3절 말소등기 ·································································································623 제4절 말소회복등기 ··························································································641 제16장 가 등 기 제1절 가등기에 관한 등기절차 ·······································································653 제2절 가등기에 의한 본등기 ···········································································662 제17장 촉탁에 의한 등기절차 제1절 가압류에 관한 등기절차 ·······································································681 제2절 가처분에 관한 등기절차 ·······································································687 제3절 경매에 관한 등기절차 ···········································································703 제4절 관공서의 촉탁에 의한 등기절차 ···························································721 제18장 구분건물에 관한 등기절차 제1절 대지사용권과 대지권의 개념 ································································731 제2절 대지권등기와 분리처분의 금지 ·····························································735 제3절 대지권등기절차 ······················································································741 차 례 xvii 제4절 대지권등기의 허용여부 ·········································································750 제5절 대지사용권이전등기와 대지권등기 ·······················································760 제6절 규약상 공용부분이라는 뜻의 등기 ·······················································765 제19장 신탁에 관한 등기절차 제1절 신탁등기 ·································································································769 제2절 부동산실명법에 의한 명의신탁등기 ·····················································793 제20장 그 밖의 등기절차 제1절 환지등기절차 ··························································································807 제2절 멸실회복등기절차 ···················································································814 제3절 예고등기말소절차 ···················································································817 |
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| 부교재 특징 |
「Upgrade 부동산등기법 개정11판」을 수정하여 「Upgrade 부동산등기법 개정12판」을 펴낸다. 개정된 내용 중 몇 개만 소개하면 다음과 같다. 1. 유언집행자가 유언자보다 나중에 사망한 경우에는 새로이 유언집행자를 선임하여야 하지만(민법 제1096조), 유언집행자가 유언자보다 먼저 사망한 경우에는 상속인이 유언집행자가 되어 유증을 원인으로 소유권이전등기를 신청할 수 있다고(민법 제1095조) 규정한 등기선례 2015. 8. 24. 부동산등기과－2015 질의회답 내용을 교재에 반영하였다. 2. 보조금 관리에 관한 법률이 2016. 1. 28. 일부 개정되고 2016. 4. 29. 부터 시행됨에 따라 같은 법 제35조의2에 의하면 '해당 부동산은 보조금으로 취득한 재산이라는 것과, 이를 처분하고자 하는 경우에는 중앙관서의 승인을 얻어야 한다는 취지'의 부기등기를 하여야 한다. 따라서 '보조금관리에 관한 법률 제35조의 규정에 의한 재산처분 제한에 관한 사항'을 등기할 수 없도록 규정했던 종전 2015.07.03 등기예규 제1578호는 조만간 개정될 것으로 보아 그 내용을 교재에 미리 수록하였다. 3. 주택법이 개정됨에 따라 국민주택채권의 근거규정을 '주택도시기금법'으로 변경하고, 교재 내용 중 '대한주택보증주식회사'를 '주택도시보증공사'로 대체하였다. 4. 미성년후견인, 성년후견인 부분에 대한 설명을 다시 하였다. 본서를 업데이트하거나 수정할 내용이 있으면 본인의 네이버밴드 '유석주법무사 부동산등기법 공부방'에 업로드할 것입니다. 궁금한 사항이 있으면 위 밴드를 활용하기 바란다. 아무쪼록 본서를 가지고 부동산등기법을 학습하고 각종 시험에 대비하는 수험생에게 조금이나마 도움이 되기를 바란다. 아울러 인터넷 동영상 강의를 이용하여 본 교재를 이해하시려는 분 들은 출판사에서 안내를 받을 수 있다. |
| 부교재 목차 |
제1장 총 칙
제1절 서 설 9 제2절 등기의 종류 11 제3절 등기할 사항 14 제4절 등기의 효력 22 제5절 등기의 유효요건 25 제2장 등기소와 등기관 제1절 등기소 33 제2절 등기관 35 제3장 등기에 관한 장부 제1절 등기부 37 제2절 폐쇄등기부 38 제3절 기타 각종 장부 및 보존기간 39 제4절 장부의 관리 40 제5절 등기사항증명서의 발급과 열람 45 제4장 등기신청인 제1절 등기신청절차 일반 59 제2절 당사자에게 등기신청의무가 있는 경우 61 제3절 등기신청행위와 등기신청적격 63 제4절 등기신청인 64 제5절 대리인에 의한 등기신청 68 제6절 법인(청산법인)의 등기신청 77 제7절 법인 아닌 사단/재단의 등기신청 78 제8절 포괄승계인에 의한 등기신청 82 제9절 대위등기신청 84 제5장 등기소에 제공하여야 하는 신청정보 제1절 등기신청서의 기재요령 등 90 제2절 등기소에 제공하여야 하는 신청정보의 내용 92 제3절 등기소에 신청정보를 제공하는 방법 등 94 제6장 등기소에 제공하여야 하는 첨부정보 제1절 등기원인을 증명하는 서면 등 97 제2절 등기의무자의 등기필증(등기필정보) 100 제3절 제3자의 허가·동의·승낙을 증명하는 서면 105 제4절 등기상 이해관계인의 승낙서 132 제5절 법인대표자의 자격을 증명하는 정보 133 제6절 대리권을 증명하는 정보 133 제7절 주소를 증명하는 정보 135 제8절 주민등록번호/부동산등기용등록번호증명정보 138 제9절 인감증명 140 제10절 토지(임야)대장정보, 건축물대장정보 등 148 제11절 건물도면 또는 지적도 149 제12절 부동산거래계약신고필증정보 및 매매목록 149 제13절 상속을 증명하는 서면·상속인임을 증명하는 서면 제14절 대위원인을 증명하는 정보 157 제15절 규약 또는 공정증서 157 제16절 취득세(등록면허세) 등의 납부를 증명하는 서면 158 제17절 첨부서면의 원용, 원본환부, 원인증서의 반환 172 제18절 행정정보 공동이용에 따른 첨부서면 제출의 면제 174 제19절 영구보존문서 175 제7장 판결에 의한 등기 제1절 목 적 177 제2절 법 제23조 제4항‘판결’의 요건 177 제3절 신청인 179 제4절 등기원인과 그 연월일 183 제5절 첨부서면 185 제6절 등기관의 심사범위 189 제8장 전자신청 제1절 서 설 194 제2절 사용자등록절차 194 제3절 전자신청절차의 특칙 196 제4절 전자신청의 구체적인 방법 197 제5절 전자신청의 취하, 보정 및 각하 201 제6절 등기의 실행 201 제9장 등기실행절차 제1절 등기신청서의 접수 202 제2절 등기신청에 대한 심사 206 제3절 등기신청의 각하사유 208 제4절 등기신청에 대한 각하 216 제5절 등기의 실행 218 제6절 등기완료후의 절차 219 제7절 등기완료후의 기타 절차 224 제10장 등기관의 처분에 대한 이의 제1절 이의신청 226 제2절 이의신청절차 226 제3절 이의신청인 226 제4절 이해관계인 여부에 대한 판단 227 제5절 등기관의 처분에 대한 이의신청에 대한 처리절차 228 제6절 이의신청의 효력 228 제7절 법원의 가등기 혹은 부기등기명령 228 제8절 관할지방법원의 기록명령에 의한 등기 228 제9절 불 복 229 제11장 소유권에 관한 등기절차 제1절 소유권보존등기 230 제2절 소유권이전등기 239 제3절 공동소유에 관한 등기 261 제4절 환매특약에 관한 등기 267 제5절 금지사항의 부기등기에 관한 업무처리지침 269 제12장 용익권에 관한 등기절차 제1절 지상권에 관한 등기 275 제2절 지역권에 관한 등기 278 제3절 전세권에 관한 등기 279 제4절 임차권에 관한 등기 285 제13장 담보권에 관한 등기절차 제1절 근저당권에 관한 등기 290 제2절 권리질권에 관한 등기 312 제3절 채권담보권에 관한 등기 313 제14장 부동산표시에 관한 등기절차 제1절 부동산표시의 변경등기 316 제2절 토지의 변경등기 316 제3절 건물의 변경등기 321 제4절 멸실등기 322 제5절 토지개발사업에 따른 등기 324 제6절 도로명주소법에 따른 부동산등기 325 제15장 변경,경정,말소,회복등기절차 제1절 변경등기 329 제2절 경정등기 334 제3절 말소등기 343 제4절 말소회복등기 352 제16장 가등기 제1절 가등기 357 제2절 가등기에 의한 본등기 362 제17장 처분제한의 등기절차 제1절 가압류등기절차 370 제2절 가처분등기절차 372 제3절 경매등기절차 380 제4절 관공서의 촉탁에 의한 등기절차 388 제18장 구분건물에 관한 등기절차 제1절 대지사용권이전등기 394 제2절 대지권등기 397 제3절 규약상 공용부분에 관한 등기 404 제19장 신탁에 관한 등기절차 제1절 신탁등기 406 제2절 부동산등기실명제와 등기제도 421 제20장 그 밖의 등기절차 제1절 환지등기절차 425 제2절 멸실회복등기절차 430 제3절 예고등기말소절차 432제1장 총 칙 제1절 서 설 9 제2절 등기의 종류 11 제3절 등기할 사항 14 제4절 등기의 효력 22 제5절 등기의 유효요건 25 제2장 등기소와 등기관 제1절 등기소 33 제2절 등기관 35 제3장 등기에 관한 장부 제1절 등기부 37 제2절 폐쇄등기부 38 제3절 기타 각종 장부 및 보존기간 39 제4절 장부의 관리 40 제5절 등기사항증명서의 발급과 열람 45 제4장 등기신청인 제1절 등기신청절차 일반 59 제2절 당사자에게 등기신청의무가 있는 경우 61 제3절 등기신청행위와 등기신청적격 63 제4절 등기신청인 64 제5절 대리인에 의한 등기신청 68 제6절 법인(청산법인)의 등기신청 77 제7절 법인 아닌 사단/재단의 등기신청 78 제8절 포괄승계인에 의한 등기신청 82 제9절 대위등기신청 84 제5장 등기소에 제공하여야 하는 신청정보 제1절 등기신청서의 기재요령 등 90 제2절 등기소에 제공하여야 하는 신청정보의 내용 92 제3절 등기소에 신청정보를 제공하는 방법 등 94 제6장 등기소에 제공하여야 하는 첨부정보 제1절 등기원인을 증명하는 서면 등 97 제2절 등기의무자의 등기필증(등기필정보) 100 제3절 제3자의 허가·동의·승낙을 증명하는 서면 105 제4절 등기상 이해관계인의 승낙서 132 제5절 법인대표자의 자격을 증명하는 정보 133 제6절 대리권을 증명하는 정보 133 제7절 주소를 증명하는 정보 135 제8절 주민등록번호/부동산등기용등록번호증명정보 138 제9절 인감증명 140 제10절 토지(임야)대장정보, 건축물대장정보 등 148 제11절 건물도면 또는 지적도 149 제12절 부동산거래계약신고필증정보 및 매매목록 149 제13절 상속을 증명하는 서면·상속인임을 증명하는 서면 제14절 대위원인을 증명하는 정보 157 제15절 규약 또는 공정증서 157 제16절 취득세(등록면허세) 등의 납부를 증명하는 서면 158 제17절 첨부서면의 원용, 원본환부, 원인증서의 반환 172 제18절 행정정보 공동이용에 따른 첨부서면 제출의 면제 174 제19절 영구보존문서 175 제7장 판결에 의한 등기 제1절 목 적 177 제2절 법 제23조 제4항‘판결’의 요건 177 제3절 신청인 179 제4절 등기원인과 그 연월일 183 제5절 첨부서면 185 제6절 등기관의 심사범위 189 제8장 전자신청 제1절 서 설 194 제2절 사용자등록절차 194 제3절 전자신청절차의 특칙 196 제4절 전자신청의 구체적인 방법 197 제5절 전자신청의 취하, 보정 및 각하 201 제6절 등기의 실행 201 제9장 등기실행절차 제1절 등기신청서의 접수 202 제2절 등기신청에 대한 심사 206 제3절 등기신청의 각하사유 208 제4절 등기신청에 대한 각하 216 제5절 등기의 실행 218 제6절 등기완료후의 절차 219 제7절 등기완료후의 기타 절차 224 제10장 등기관의 처분에 대한 이의 제1절 이의신청 226 제2절 이의신청절차 226 제3절 이의신청인 226 제4절 이해관계인 여부에 대한 판단 227 제5절 등기관의 처분에 대한 이의신청에 대한 처리절차 228 제6절 이의신청의 효력 228 제7절 법원의 가등기 혹은 부기등기명령 228 제8절 관할지방법원의 기록명령에 의한 등기 228 제9절 불 복 229 제11장 소유권에 관한 등기절차 제1절 소유권보존등기 230 제2절 소유권이전등기 239 제3절 공동소유에 관한 등기 261 제4절 환매특약에 관한 등기 267 제5절 금지사항의 부기등기에 관한 업무처리지침 269 제12장 용익권에 관한 등기절차 제1절 지상권에 관한 등기 275 제2절 지역권에 관한 등기 278 제3절 전세권에 관한 등기 279 제4절 임차권에 관한 등기 285 제13장 담보권에 관한 등기절차 제1절 근저당권에 관한 등기 290 제2절 권리질권에 관한 등기 312 제3절 채권담보권에 관한 등기 313 제14장 부동산표시에 관한 등기절차 제1절 부동산표시의 변경등기 316 제2절 토지의 변경등기 316 제3절 건물의 변경등기 321 제4절 멸실등기 322 제5절 토지개발사업에 따른 등기 324 제6절 도로명주소법에 따른 부동산등기 325 제15장 변경,경정,말소,회복등기절차 제1절 변경등기 329 제2절 경정등기 334 제3절 말소등기 343 제4절 말소회복등기 352 제16장 가등기 제1절 가등기 357 제2절 가등기에 의한 본등기 362 제17장 처분제한의 등기절차 제1절 가압류등기절차 370 제2절 가처분등기절차 372 제3절 경매등기절차 380 제4절 관공서의 촉탁에 의한 등기절차 388 제18장 구분건물에 관한 등기절차 제1절 대지사용권이전등기 394 제2절 대지권등기 397 제3절 규약상 공용부분에 관한 등기 404 제19장 신탁에 관한 등기절차 제1절 신탁등기 406 제2절 부동산등기실명제와 등기제도 421 제20장 그 밖의 등기절차 제1절 환지등기절차 425 제2절 멸실회복등기절차 430 제3절 예고등기말소절차 432 |
