채권자의 민낯

프롤로그, 1천만 채무자를 위하여 - 3

1부 경제적 자유를 쟁취하기 위한 중요한 원칙들
1장 경계인의 눈으로 바라본 세상과 인간관계 ·············································· 16
도시적 삶과 거리두기 ····························································································16
거꾸로 가고 있는 한국사회 ·····················································································19
채권자와 채무자의 관계 ·························································································26
2장 모든 것이 점수화 되는 사회 ·································································· 29
신용의 중요성 ·····································································································29
일반신용정보 ······································································································30
신용등급, 개인 신용평점 ························································································35
3장 왜 우리는 부채로부터 자유롭지 못한가. ················································· 38
부채의 위험성과 운 ······························································································38
부채 관리와 경영컨설팅 ·························································································40
대출 사기와 형사고소 ···························································································46
재무설계와 상속설계 ·····························································································51

2부 채권자의 행동특성과 채무자의 방어기제
1장 채권자는 어떻게 사고(思考) 하는가. ························································ 56
신용정보회사 ······································································································56
채권자의 정보 취득 방법 ························································································59
채권자의 부실채권 회수 경로 ··················································································62
[채권자의 단계별 행동특성] - 62
[부동산에 대한 강제집행] - 68
[유체동산에 대한 강제집행] - 76
[채권에 대한 강제집행] - 84
[재산명시 신청] - 104
[채무불이행자명부등재 신청] - 107
[재산조회 신청] -110
채권자가 제기할 수 있는 특수한 민사소송 ······························································· 112
[사해행위취소의 소] - 112
[가등기말소의 소, 사해행위취소의 소] - 112
[근저당권말소의 소, 사해행위취소의 소] - 118
[채권자대위권에 기초한 가압류ㆍ가처분 취소의 소] - 121
[배당이의의 소] - 122
[부당이득반환의 소] - 122
[지분반환의 소] - 124
[상호속용에 관한 소] - 126
[법인격부인의 소] - 129
2장 채무자는 어떻게 방어해야 하는가. ·······················································135
채무자 보호제도 ································································································135
채무자 지원제도 ································································································142
[개인회생ㆍ개인파산 신청 지원] - 142
[신용대출 119 프로그램] - 142
[긴급 복지지원] - 144
[장기 소액채권 소각] - 145
보증인 보호제도 ································································································147
민원제도 ··········································································································162
소비자신용에 관한 법률(안) ··················································································165
대부업체 이용 방법 ·····························································································172
3장 채권자의 강제집행에 불복할 권리 ························································176
소멸시효 ··········································································································176
채무자가 불복의 방법으로 행사할 수 있는 권리 ·························································198
[채무자가 불복하여 행사할 수 있는 권리의 종류] - 198
[확인의 소] - 199
[청구에 관한 이의의 소] - 201
[집행문부여에 대한 이의의 소] - 203
[제3자이의의 소] - 205
[배당이의의 소] - 206
[재심의 소] - 209

3부 채무자가 법률과 친해져야 하는 이유
1장 보전처분, 알아야 제대로 대처한다 ························································212
압류 ················································································································ 212
가압류와 불복방법 ····························································································· 213
가처분과 불복방법 ·····························································································223
가등기 ············································································································ 228
2장 채권자의 민사소송 제기와 응소 전략 ····················································233
민사소송 일반 ···································································································233
[민사소송 사건의 구분] - 247
[민사소송 절차] - 248
[공시송달과 추완항소] - 250
민사소송 응소 전략 ····························································································253
3장 채무자가 가장 많이 당하는 소송과 독촉방법 ····································254
이행권고결정 ····································································································254
지급명령 ··········································································································256
4장 알아두면 유용한 법률지식 ···························································262
채권과 물권 ······································································································262
권리분석 ··········································································································269
법정지상권 ·······································································································283
분묘기지권 ·······································································································286
유치권 ·············································································································288

4부 채권자의 대반격과 채무자의 대응 방안
1장 대반격의 법적 근거 ·····································································294
채권자대위권 ····································································································294
변제자대위권 ····································································································298
보험자대위권 ···································································································· 301
채권자취소권 ····································································································302
2장 채권자대위권, 채권자취소권에 근거한 특수한 민사소송 ······················305
채권자대위권에 근거한 소 제기 ·············································································305
채권자취소권에 근거한 사해행위취소의 소 제기 ························································ 311
[사해행위취소의 소 일반] - 311
[사해행위취소의 소 제기 검토(안)] - 320
[상속재산 협의분할과 사해행위취소의 소] - 330
[단순승인 간주자의 상속채무 변제의무] - 339
[상속재산 파산신청] - 355
[상속포기와 고유재산 강제집행] - 357
[우선 변제 소액보증금과 사해행위취소의 소] - 360
[공정증서 작성과 사해행위취소의 소] - 376
[부동산 명의신탁과 사해행위취소의 소] - 382
[기타 사해행위취소의 소에 관한 판례] - 389
3장 채권자의 형사고소 ·····································································391
강제집행면탈죄 ································································································· 391
형사소송 판결이 민사소송에 미치는 영향 ·································································395
4장 채무자의 대응방안 ·····································································398
채무자가 화를 면하는 방법 ···················································································398
단계별 종합 대응방안 ··························································································400

5부 혼돈의 시대, 희망을 노래하다
1장 공ㆍ사적 채무조정과 채무감면 ····················································· 408
신용회복지원 ···································································································· 416
개인회생 ··········································································································422
개인파산ㆍ면책 ··································································································455
국민행복기금 ····································································································482
채무감면 ··········································································································484
2장 채무자 프레임과 고립에서의 탈피 ··················································489
패럴림픽의 영웅들 ······························································································489
변호사와 법무사의 직무 영역과 선임 방법 ································································493
무료로 법률 상담을 받을 수 있는 기관 ····································································496
법률정보에 접근하는 방법 ····················································································498

법률용어 - 499
에필로그, 함께 행복하게 살아가는 세상을 위하여 - 509