2016 새롬에듀 공인중개사 1차 기본서 민법.민사특별법

PART 01 법률행위

chapter. 01 서 설·································································································· 20
제1절 법률관계와 그 변동························································································· 20
제2절 법률행위········································································································ 20
제3절 법률행위의 종류······························································································ 21
제4절 법률행위의 요건······························································································ 23

chapter. 02 법률행위의 목적 ··················································································· 26
제1절 목적의 확정···································································································· 26
제2절 목적의 가능···································································································· 27
제3절 목적의 적법···································································································· 29
제4절 목적의 사회적 타당························································································· 32
핵심 기출문제·········································································································· 42


chapter. 03 법률행위의 해석···················································································· 45
제1절 법률행위해석의 목적························································································ 45
제2절 법률행위 해석의 표준······················································································· 45
제3절 법률행위의 해석 방법······················································································· 48
핵심 기출문제··········································································································· 51

chapter. 04 의사표시의 효력발생 ·············································································· 53
제1절 의사표시의 효력발생시기·················································································· 53
제2절 의사표시의 수령능력························································································ 56
제3절 의사표시의 공시송달························································································ 57
핵심 기출문제 ········································································································ 58

chapter. 05 비정상적 의사표시·················································································· 60
제1절 진의 아닌 의사표시·························································································· 60
제2절 허위표시········································································································· 63
제3절 착 오············································································································· 72
제4절 사기?강박에 의한 의사표시(하자 있는 의사표시) ················································· 79
핵심 기출문제··········································································································· 87

chapter. 06 대 리··································································································· 92
제1절 서 설············································································································· 92
제2절 대리권··········································································································· 96
제3절 대리행위 ····································································································· 104
제4절 복대리·········································································································· 108
제5절 무권대리······································································································· 111
핵심 기출문제 ······································································································ 126

chapter. 07 법률행위의 무효와 취소········································································· 132
제1절 서 설············································································································ 132
제2절 법률행위의 무효····························································································· 133
핵심 기출문제 ······································································································ 164


PART 02 물 권 법

chapter. 01 물권법 총론·························································································· 168
제1절 물권의 본질··································································································· 168
제2절 물권의 종류··································································································· 173
제3절 물권의 효력··································································································· 176
제4절 물권의 변동··································································································· 181
핵심 기출문제········································································································· 222

chapter. 02 점유권································································································· 227
제1절 점 유············································································································ 227
제2절 점유권의 취득과 소멸····················································································· 232
제3절 점유권의 효력································································································ 235
핵심 기출문제 ······································································································ 251

chapter. 03 소유권································································································· 255
제1절 총 설············································································································ 255
제2절 소유권에 기한 물권적 청구권 ········································································· 257
제3절 상린관계······································································································· 262
제4절 소유권의 취득································································································ 272
제5절 공동소유······································································································· 292
핵심 기출문제 ······································································································ 310

chapter. 04 용익물권······························································································ 315
제1절 지상권·········································································································· 315
제2절 지역권·········································································································· 329
제3절 전세권·········································································································· 337
핵심 기출문제········································································································· 350

chapter. 05 담보물권······························································································ 356
제1절 서 설··········································································································· 356
제2절 유치권·········································································································· 359
제3절 저당권·········································································································· 371
핵심 기출문제 ······································································································ 409

PART 03 계 약 법

chapter. 01 계약법 총칙························································································· 418
제1절 계약자유의 원칙과 약관·················································································· 418
제2절 계약의 종류··································································································· 422
제3절 계약의 성립··································································································· 424
제4절 계약의 효력··································································································· 433
제5절 계약의 해제?해지···························································································· 448
핵심 기출문제 ······································································································ 463

chapter. 02 계약법 각칙·························································································· 470
제1절 매 매············································································································ 470
제2절 교 환············································································································ 490
제3절 임대차·········································································································· 491
핵심 기출문제········································································································· 515


PART 04 민사특별법

chapter. 01 주택임대차보호법·················································································· 524
제1절 입법의 목적··································································································· 524
제2절 적용범위······································································································· 524
제3절 대항력과 우선변제권······················································································· 525
제4절 임대차의 존속기간과 묵시의 갱신···································································· 542
제5절 기 타············································································································ 543
핵심 기출문제········································································································· 546

chapter. 02 상가건물임대차보호법············································································ 549
제1절 서 설············································································································ 549
제2절 대항력과 우선변제권······················································································· 550
제3절 임대차의 존속기간과 갱신··············································································· 554
제4절 차 임············································································································ 556
제5절 권리금의 보호································································································ 557
제6절 보증금액이 제2조 1항 단서의 금액을 초과하는 경우·········································· 559
제7절 전대차관계에 대한 적용·················································································· 561
핵심 기출문제········································································································· 562

chapter. 03 집합건물의 소유 및 관리에 관한 법률····················································· 563
제1절 총설············································································································· 563
제2절 구분소유자의 권리의무··················································································· 573
제3절 구분소유건물의 관리관계················································································ 574
핵심 기출문제········································································································· 583

chapter. 04 가등기담보 등에 관한 법률···································································· 586
제1절 서 설············································································································ 586
제2절 가등기담보법의 적용 범위··············································································· 587
제3절 가등기담보···································································································· 588
제4절 양도담보······································································································· 595
핵심 기출문제········································································································· 600

chapter. 05 부동산실권리자 명의 등기에 관한 법률 ·················································· 603
제1절 부동산실명법에 의한 명의신탁의 금지······························································ 603
제2절 3자간의 명의신탁(중간생략형 명의신탁) ·························································· 604
제3절 계약명의신탁(명의신탁에 의한 물권변동의 효력을 인정하는 예외)························ 606
제4절 유효한 명의신탁····························································································· 608
제5절 부동산실명법이 적용되지 않는 경우································································· 611
핵심 기출문제········································································································· 614