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민법사례연습 (2판)

민법사례연습 (2판)

  • 가정준,박희호,신지혜
  • |
  • HUINE
  • |
  • 2022-07-11 출간
  • |
  • 288페이지
  • |
  • 182 X 257 mm
  • |
  • ISBN 9791159019043
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서문 5

제1강 채권자취소권
제1문 : 채권자취소권의 실체법 및 절차법적 요건
·················································································· 12
제2문 : 채권자취소권과 공동저당 및 변제자대위
···················································································· 22
제3문 : 채권자취소권과 원상회복 및 가등기이전의 부기등기
························································· 28

제2강 채권자취소권과 채권자대위권
제1문 : 채권양도와 채권자취소소송 및 채권자대위권
········································································· 34
제2문 : 채권자대위권과 대위권행사의 통지 및 제3채무자의 항변
··············································· 38
제3문 : 채권자대위권 행사와 전부명령
·········································································································· 42

제3강 법정지상권
제1문 : 법정지상권의 요건과 사해행위취소
································································································ 46
제2문 : 종된 권리로서의 법정지상권 및 일괄경매청구권
··································································· 52
제3문 : 법정지상권의 성립을 위한 소유자 동일성의 판단 시점
····················································· 58

제4강 전세권과 저당권
제1문 : 전세권자의 유익비상환청구의 상대방 및 부당이득반환
···················································· 64
제2문 : 전세권저당권의 압류 및 상계
············································································································· 70
제3문 : 저당권의 효력 범위 및 저당권자의 방해배제청구권 등
····················································· 80

제5강 취득시효
제1문 : 취득시효의 요건 및 효력
···················································································································84
제2문 : 점유취득시효의 기산점과 그 효력
··································································································· 88
제3문 : 제2차 취득시효의 완성과 공유관계 및 부당이득반환액의 구체적 산정
················· 94

제6강 소멸시효
제1문 : 채권자취소권과 소멸시효의 항변 및 대위권자의 추심권능에 대한 압류
··············· 100
제2문 : 소멸시효중단의 효력 및 가압류, 재판상 청구
·········································································· 104
제3문 : 소멸시효와 관련한 보증채무의 부종성 및 독립성
································································ 112

제7강 명의신탁
제1문 : 명의신탁과 채권자대위권, 채권자취소권
····················································································· 118
제2문 : 유효한 명의신탁의 해지와 수탁자의 처분 및 불법원인급여
··········································· 124
제3문 : 경매를 통한 명의신탁과 부당이득반환의 범위 및 소멸시효
··········································· 128

제8강 기본물권
제1문 : 건물에 대한 공유와 법정지상권 및 공유물의 보존관리
···················································· 134
제2문 : 구분소유적 공유관계와 법정지상권
······························································································· 140
제3문 : 부동산에의 부합과 선의취득
········································································································ 146

제9강 채권양도와 채무인수
제1문 : 채권양도금지특약 및 제3자에 대한 대항요건
··········································································· 150
제2문 : 이의를 보류하지 않은 승낙과 사해행위
······················································································· 156
제3문 : 급부부당이득의 상대방과 인수채무의 이행불능 그리고 상계
······································· 168

제10강 담보물권
제1문 : 유치권과 저당권 및 체납처분압류 사이의 우열
······································································ 174
제2문 : 공동근저당 피담보채권의 확정과 배당 및 제3취득자의 권리보유
······························ 180
제3문 : 공동저당에 있어서 물상보증인과 후순위저당권자
······························································· 186
제11강 다수당사자 채권관계
제1문 : 보증인에 의한 상계와 보증인 간의 변제자대위 및 대항요건 ········································· 192
제2문 : 타인명의계약과 보증인의 구상권 ····································································································· 198
제3문 : 공동불법행위와 부진정연대채무자 사이의 법률관계 ·························································· 206
제12강 계약법
제1문 : 토지임대차와 지상물매수청구권 및 동시이행의 항변권의 당연효 ····························· 214
제2문 : 양도 전 연체차임 및 지급금지차임의 공제 ················································································ 220
제3문 : 청약의 유인과 이행보조자 및 사용자 책임 ··············································································· 226
제13강 해제와 부당이득
제1문 : 해제의 효력과 제3자 ································································································································· 232
제2문 : 계약금계약과 이행거절로 인한 계약해제 ···················································································· 238
제3문 : 횡령이나 사기로 취득한 금전으로의 변제와 단축급부의 효력 ····································· 244
제14강 비법인사단과 비전형담보
제1문 : 종중 대표자의 행위의 효력과 종중의 책임 그리고 대상청구권 ··································· 250
제2문 : 가담법이 적용되는 가등기담보와 대물변제예약의 효력 ···················································· 258
제3문 : 타인 명의의 건축허가 및 보존등기와 가담법의 적용이 없는 양도담보 ·················· 266
제15강 친족상속법
제1문 : 친권남용과 방해의 의미 그리고 물상대위 ·················································································· 270
제2문 : 상속회복청구권과 취득시효 그리고 혼동 ··················································································· 276
제3문 : 상속재산분할의 소급효와 해제의 제3자 보호 ·········································································· 284

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