2015 상상에듀 공인중개사 포인트요약집 1차 민법 및 민사특별법

제1편 민법총칙
출제의 POINT 01 권리의 변동(법률행위의 목적, 법률효과) ································· 10
출제의 POINT 02 법률행위의 종류 ········································································· 11
출제의 POINT 03 법률행위의 유효요건 ································································· 13
출제의 POINT 04 목적의 실현 가능성(원시적 불능과 후발적 불능) ·················· 14
출제의 POINT 05 목적의 적법(적중판례) ································································ 15
출제의 POINT 06 이중매매에서의 법률관계 ·························································· 16
출제의 POINT 07 불공정한 법률행위(폭리행위) ···················································· 17
출제의 POINT 08 진의 아닌 의사표시(제107조) ·················································· 21
출제의 POINT 09 통정한 허위의 의사표시(제108조) ·········································· 23
출제의 POINT 10 착오로 인한 의사표시(제109조) ·············································· 27
출제의 POINT 11 사기, 강박에 의한 의사표시(제110조) ·································· 31
출제의 POINT 12 임의대리권의 범위(판례) ··························································· 36
출제의 POINT 13 대리권의 남용 ············································································· 38
출제의 POINT 14 대리권의 소멸 ············································································· 38
출제의 POINT 15 현명주의(顯名主義) ······································································ 40
출제의 POINT 16 대리행위의 하자 ········································································· 41
출제의 POINT 17 대리인의 능력 ············································································· 42
출제의 POINT 18 복대리 ··························································································· 43
출제의 POINT 19 무권대리(계약의 무권대리) ························································· 45
출제의 POINT 20 표현대리에서 기본쟁점 ···························································· 51
출제의 POINT 21 대리권 수여표시에 의한 표현대리(제125조) ······················· 52
출제의 POINT 22 권한을 넘은 표현대리(제126조) ·············································· 53
출제의 POINT 23 대리권 소멸 후의 표현대리(제129조) ··································· 55
출제의 POINT 24 무효(무효인 법률행위) ································································· 57
출제의 POINT 25 토지거래허가와 관련한 유동적 무효에 ······························· 58
대한 쟁점(적중판례)
출제의 POINT 26 일부무효의 법리 ········································································· 61
출제의 POINT 27 무효행위의 추인 ········································································· 62
출제의 POINT 28 취소권자 및 상대방, 방법, 효과 ··········································· 64
출제의 POINT 29 취소할 수 있는 법률행위의 추인(취소권의 포기) ··············· 67
출제의 POINT 30 법정추인(취소권의 배제) ····························································· 68
출제의 POINT 31 조 건 ····························································································· 70
출제의 POINT 32 기 한 ····························································································· 73
제2편 물권법
출제의 POINT 01 물권의 본질 ··················································································· 76
출제의 POINT 02 물권의 객체(대상) ········································································· 77
출제의 POINT 03 물권 상호간의 우선적 효력 ······················································ 78
출제의 POINT 04 물권적 청구권 ··············································································· 79
출제의 POINT 05 법률의 규정에 의한 부동산 물권변동 ··································· 81
출제의 POINT 06 등기청구권의 성질 ······································································· 83
출제의 POINT 07 중간생략등기(미등기전매) ···························································· 85
출제의 POINT 08 가등기(물권변동에 대비하기 위한 등기) ····································· 88
출제의 POINT 09 등기의 추정력 ··············································································· 90
출제의 POINT 10 등기를 갖추지 않은 부동산 매수인의 법적지위 ················· 92
출제의 POINT 11 물권의 소멸(혼동) ········································································· 93
출제의 POINT 12 점유의 관념화(觀念化) ································································· 95
출제의 POINT 13 점유의 종류(유형) ········································································· 97
출제의 POINT 14 점유(占有)의 추정력(推定力) ···················································· 101
출제의 POINT 15 점유자와 회복자의 관계 ·························································· 103
출제의 POINT 16 점유물반환청구권(점유회수청구권) ··········································· 106
출제의 POINT 17 주위토지통행권(周圍土地通行權) ·············································· 108
출제의 POINT 18 부동산 소유권의 점유취득시효 일반론 ······························· 111
민법 및 민사특별법
출제의 POINT 19 부동산 점유취득시효의 유형별 쟁점정리 ··························· 113
출제의 POINT 20 등기부취득시효 ··········································································· 118
출제의 POINT 21 유실물 습득 ················································································· 120
출제의 POINT 22 소유권에 기한 반환청구권(소유물반환청구권) ······················ 121
출제의 POINT 23 공 유 ····························································································· 123
출제의 POINT 24 지상권 ··························································································· 128
출제의 POINT 25 구분지상권 ··················································································· 133
출제의 POINT 26 관습법상의 법정지상권 ···························································· 134
출제의 POINT 27 분묘기지권 ··················································································· 136
출제의 POINT 28 지역권 ··························································································· 138
출제의 POINT 29 전세권 ··························································································· 140
출제의 POINT 30 유치권 ··························································································· 146
출제의 POINT 31 저당권 ··························································································· 152
출제의 POINT 32 저당권의 침해에 대한 구제 ···················································· 162
출제의 POINT 33 근저당 ··························································································· 164
출제의 POINT 34 공동저당 ······················································································· 167
제3편 계약법
출제의 POINT 01 계약의 종류 ················································································· 170
출제의 POINT 02 계약의 성립 ················································································· 171
출제의 POINT 03 동시이행의 항변권 ···································································· 175
출제의 POINT 04 위험부담 ······················································································· 179
출제의 POINT 05 제3자를 위한 계약 ···································································· 181
출제의 POINT 06 계약의 해제(계약의 소멸) ·························································· 185
출제의 POINT 07 매매의 기본쟁점 ········································································· 191
출제의 POINT 08 계약금(종된 계약, 요물계약) ······················································ 194
출제의 POINT 09 매도인의 담보책임(권리의 하자) ·············································· 196
출제의 POINT 10 물건의 하자에 대한 담보책임 ················································ 201
출제의 POINT 11 경매에서 담보책임 ···································································· 203
출제의 POINT 12 환 매 ····························································································· 204
출제의 POINT 13 교 환 ····························································································· 204
출제의 POINT 14 임대차 ··························································································· 206
제4편 민사특별법
제1장 주택임대차 보호법(1981.3.5 제정, 1984.1.1 시행) ··························· 218
출제의 POINT 01 주임법의 적용 범위 ·································································· 218
출제의 POINT 02 존속기간 ······················································································· 220
출제의 POINT 03 대항력 ··························································································· 221
출제의 POINT 04 차임, 보증금의 증감청구 및 보증금의 ································ 226
월차임 전환시 제한
출제의 POINT 05 보증금의 회수 ············································································· 227
출제의 POINT 06 임차권등기명령 ··········································································· 231
출제의 POINT 07 임차권의 승계 ············································································· 232
제2장 상가건물 임대차보호법(2001.12.29 제정, 2002.11.1 시행) ··········· 233
출제의 POINT 01 상임법의 적용범위 ···································································· 233
출제의 POINT 02 존속기간 ······················································································· 235
출제의 POINT 03 대항력 ··························································································· 238
출제의 POINT 04 차임, 보증금의 증감청구 및 보증금의 ································ 239
월차임 전환시 제한
출제의 POINT 05 보증금의 회수 ············································································· 240
제3장 가등기담보 등에 관한 법률 ······································································ 242
출제의 POINT 01 가담법의 적용범위 ···································································· 242
출제의 POINT 02 가등기 담보권의 실행 ······························································ 244
민법 및 민사특별법
제4장 집합건물의 소유 및 관리에 관한 법률 ··············································· 248
출제의 POINT 01 구분소유권 ··················································································· 248
출제의 POINT 02 공용부분(共用部分) ····································································· 249
출제의 POINT 03 대지사용권 ··················································································· 251
출제의 POINT 04 분양자의 담보책임 및 분양자의 관리의무 ························· 252
출제의 POINT 05 관리단 및 관리단의 기관 ························································ 254
출제의 POINT 06 규약 및 집회 ··············································································· 256
출제의 POINT 07 의무위반자에 대한 조치 ·························································· 258
출제의 POINT 08 재건축 ··························································································· 260
제5장 부동산 실권리자명의 등기에 관한 법률 ············································· 262
출제의 POINT 01 적용제외(제2조) ··········································································· 262
출제의 POINT 02 종종, 배우자 및 종교단체에 대한 특례(제8조) ·················· 263
출제의 POINT 03 유효인 명의신탁에서의 법률관계(판례) ································ 264
출제의 POINT 04 실명법의 적용을 받는 명의신탁의 유형 및 법률관계 ···· 265