민사집행법 요해

01. 민사집행제도 ··············································································································1
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1. 의 의 ·······················································································································1
2. 민사집행의 종류 ·······································································································4
2 ················································································································11
1. 의 의 ·····················································································································11
2. 민사소송법의 준용 문제 ·························································································11
3 ··············································································12
1. 민사집행법의 이상 ·································································································12
2. 민사집행법의 기본원칙 ···························································································14
3. 신의성실의 원칙 ·····································································································15
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1. 도산절차 ················································································································21
2. 국세체납처분절차(경매와 공매) ···············································································22
3. 행정대집행 기타 ·····································································································29
4. 가사소송법상의 이행확보와 양육비집행제도 ···························································30
5. 특별법에 의한 경매 ································································································30
6. 증권관련 집단소송법에 의한 분배 ··········································································30
5 ····················································································································30
1. 집행관 ····················································································································30
2. 집행법원 ················································································································33
3. 제1심법원 ··············································································································35

4. 그 밖의 집행기관 ···································································································35
i
3. 당사자능력과 소송능력 ···························································································37
4. 집행당사자적격(집행적격) ·······················································································39
5. 집행(당사자)적격의 변동 ·························································································44
6. 대 리 ·····················································································································47
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1. 책임재산의 범위 ·····································································································48
2. 책임재산 보전수단 ·································································································49
3. 유한책임 ················································································································49
4. 압류금지재산 ··········································································································53
5. 책임재산의 조사 ·····································································································54
02. 강제집행의 요건 ·····································································································55
1 ·······························································································55
1. 관할기관에의 강제집행신청 ····················································································55
2. 소송요건 ················································································································55
2 ·························································································57
1. 집행권원 ················································································································57
2. 집행문 ··················································································································75
3 ················································87
1. 적극적 요건 ···········································································································87
2. 소극적 요건(집행장애) ····························································································89
03. 강제집행의 진행과 정지·취소 ········································································92
1 ······································································································92
1. 강제집행의 신청 ·····································································································92
2. 강제집행의 개시와 종료 ·························································································92
3. 경매절차의 공신력 ·································································································93
2 ······································································································94
ii
5. 집행정지의 효력 ···································································································102
3 ····································································································102
··················································································································104
5 ····································································································106
1. 담보의 제공 ·········································································································106
2. 보증과 공탁 ·········································································································109
04. 강제집행에 있어서의 구제방법 ·······································································112
1 ··································································112
2 ··················································································································113
1. 즉시항고의 의의 ···································································································113
2. 절 차 ···················································································································115
3 ( ) ················································································118
1. 의 의 ···················································································································118
2. 집행이의의 대상 ···································································································118
3. 당사자적격 ···········································································································119
4. 이의사유 ··············································································································119
5. 심리와 재판 ·········································································································120
6. 사법보좌관의 처분에 대한 이의신청 ·····································································122
( ) ·······························································123
1. 의의 ·····················································································································123
2. 재판 및 불복 ········································································································124

5 ···············································································124
1. 의 의 ···················································································································124
2. 재판 및 불복 ········································································································125
····································································································126
1. 의 의 ···················································································································126
iii
········································································································130
1. 의의 및 적용범위 ·································································································130
2. 청구이의사유 ········································································································133
3. 이의사유 주장(공격방법)의 제한 ···········································································136
4. 소송절차 ··············································································································138
5. 판결과 잠정처분 ···································································································140
9 3 ······································································································141
1. 의의 및 성질 ········································································································141
2. 이의의 원인(제3자의 권리) ···················································································143
3. 소송절차 ··············································································································150
4. 사해행위취소의 소와의 관계 ················································································153
10 ····································153
1. 채권자의 책임 ······································································································153
2. 국가 등의 배상책임 ······························································································157
05. 재산명시절차 ··········································································································159
1 ··········································································································159
1. 채권자의 명시신청(제61조) ···················································································159
2. 재산명시명령과 이의신청 ·····················································································160
3. 재산명시기일의 실시(제64조) ···············································································161
4. 재산목록의 열람·복사 ························································································162
5. 명시절차의 종료 ···································································································162
6. 채무자의 감치 및 벌칙(제68조) ············································································162
7. 명시신청의 재신청 ·······························································································163
2 ····································································································163
1. 의 의 ···················································································································163
2. 재산조회신청(제74조) ···························································································163
3. 조회실시 및 조회의 결과 ·····················································································164
i
5. 명부등재의 말소(제73조) ······················································································167
06. 부동산집행의 쟁점 ·······························································································168
1 ·····························································································169
1. 강제경매 ··············································································································169
2. 강제관리 ··············································································································172
3. 준부동산집행(선박·항공기·자동차·건설기계 등에 대한 강제집행) ···················172
2 ············································································································174
1. 압류의 의의 및 방법 ····························································································174
2. 압류와 채무자의 관리·이용권(제83조) ································································175
3. 처분금지효(處分禁止效) ························································································175
4. 압류와 시효중단 ···································································································184
3 ········································································································184
1. 평등주의와 잉여주의 ····························································································184
2. 압류의 경합(이중개시결정)(제87조) ·······································································185
3. 배당요구 ··············································································································185
리 ································································187
1. 소멸주의와 인수주의 ····························································································187
2. 저당권 ··················································································································190
3. 용익권(지상권·지역권·전세권 및 등기된 임차권) ··············································190
4. 대항력 있는 임차권 ······························································································191
5. 유치권 ··················································································································194
6. 법정지상권과 분묘기지권 ·····················································································200
7. 민법 제302조의 특수지역권 ·················································································201
8. 기타 권리관계 ······································································································202
9. 부담인수의 효과 ···································································································203
5 ·······················································································204
1. 원 칙 ···················································································································204
2. 예 외 ···················································································································204
1. 경매신청서의 제출 ·······························································································208
2. 경매부동산 적격 ···································································································208
3. 대 리 ···················································································································213
4. 일괄경매신청 ········································································································214
5. 경매신청의 취하 ···································································································215
2 ··················································································································216
1. 경매개시결정 및 경매개시결정등기촉탁 ································································216
2. 경매개시결정의 송달 ····························································································217
3. 압류의 경합과 이중경매 ·······················································································218
4. 경매개시결정에 대한 이의 ····················································································220
5. 매각절차의 이해관계인 ·························································································222
3 ··············································································································225
1. 배당요구의 종기결정 및 공고 ···············································································225
2. 공과금 주관 공공기관에 대한 최고 ······································································227
3. 채권신고의 최고 ·································································································227
4. 현황조사 및 부동산의 평가 ··················································································229
5. 임차인에 대한 통지 ······························································································231
6. 부동산 가격유지를 위한 조치 : 보전처분 ····························································232
7. 매각물건명세서의 작성 ·························································································232
8. 매각공고(매각기일 및 매각결정기일의 지정·공고·통지) ····································233
············································································································234
1. 매각(입찰)개시 선언 ·····························································································235
2. 매수의 신청(응찰) ·································································································235
3. 입찰마감 선언 ······································································································239
4. 개찰 및 최고가매수인 결정 ··················································································240
5. 매각조건 ··············································································································241
6. 남을 가망이 없을 경우의 경매취소 ······································································242
5 ·············································································243
1. 매각허부결정 ········································································································243
2. 매각부동산 훼손 등에 의한 매각허가취소 ····························································246