가등기·가처분 투자 비밀 노트
도서명:가등기·가처분 투자 비밀 노트
저자/출판사:차건환/두드림미디어
쪽수:240쪽
출판일:2024-10-03
ISBN:9791194223122
목차
PART 1. 가등기
CHAPTER 1. 가등기의 개관
가등기란? ················································································································· 20
가등기의 개념 도해(1) ·································································································· 21
CHAPTER 2. 가등기의 종류
1. 보전가등기(통상의 가등기) ························································································· 24
실사례 - 충주 2008 타경 2384 ················································································ 29
실사례 - 여주 2019 타경 34621··············································································· 37
2. 담보가등기(소유권이전담보가등기) ·············································································· 42
실사례 - 남부 2011 타경 14661 ·············································································· 45
대물반환예약서 ····································································································· 48
3. 담보목적가등기 ······································································································· 50
CHAPTER 3. 권리분석
권리분석에 앞서 ········································································································· 52
가등기의 개념 도해(2) ·································································································· 53
가등기의 개념 도해(3) ·································································································· 54
1. 보전가등기와 담보가등기의 구별 ················································································· 55
실사례 - 광주 2016 타경 16823(2) ··········································································· 59
인천 2017 타경 3859(2) ············································································· 60
2. 선순위 보전가등기 ··································································································· 62
※ 소멸시효와 제척기간의 비교 ················································································ 65
※ 예약완결권의 제척기간 ······················································································· 65
실사례 - 광주 2017 타경 7284(2) ············································································ 66
시흥 2017-07910-001(공매) ······································································ 69
중앙 2001 타경 11780 ·············································································· 75
중앙 2005 타경 16011 ·············································································· 76
군산 2018 타경 103950(통정허위표시) ························································· 81
통영 2018 타경 2747(사해행위로 인한 가등기말소) ········································ 87
포항 2017 타경 6208 ················································································ 95
중앙 2008 타경 22437(소멸시효중단, 원고의 패소) ········································ 97
부산 2013 타경 17345 ············································································ 101
홍성 2013 타경 488(1) ············································································ 103
3. 선순위 담보가등기 ································································································· 106
4. 종합적인 판단 ······································································································· 107
CHAPTER 4. 가등기의 해법
1. 개관 ··················································································································· 110
2. 배당기일 전 ········································································································· 112
실사례 - 서산 2015 타경 13312 ············································································ 113
3. 배당기일 후 ········································································································· 115
CHAPTER 5. 적용사례
의정부 2017 타경 11806 ··························································································· 118
전주 2017 타경 4459 ································································································ 119
청주 2019 타경 51839 ······························································································ 122
군산 2017 타경 4148(2) ···························································································· 124
통영 2018 타경 12140 ······························································································ 127
동부 2018 타경 1173(통정허위표시) ············································································· 129
중앙 2018 타경 106723(담보가등기) ············································································ 132
해남 2020 타경 51467(사해행위로 인한 가등기말소) ························································ 135
홍성 2015 타경 6367 ································································································ 143
홍성 2017 타경 16825(담보가등기 셀프 자백) ································································· 145
PART 2. 가처분
CHAPTER 1. 가처분의 개관
가처분이란? ············································································································ 154
1. 가처분의 목적 ······································································································· 155
※ 처분금지가처분과 점유이전금지가처분 비교 ························································· 156
2. 처분금지가처분의 효력 ··························································································· 157
처분금지효 ·········································································································· 157
상대적 효력 ·········································································································· 157
3. 점유이전금지가처분의 효력 ······················································································ 158
현상(점유주체)의 변경금지 ······················································································· 158
당사자 항정효 ······································································································· 158
공무상표시무효죄 ·································································································· 159
※ 임시의 지위를 정하는 가처분 ············································································· 160
※ 부동산 명도단행가처분이 발령되는 경우 ······························································ 160
4. 가처분등기의 유형 및 신청 이유 ················································································ 161
가처분등기의 유형 및 신청 이유 7가지 ········································································ 161
CHAPTER 2. 권리분석
권리분석 요약 정리 ···································································································· 164
1. 단계별 가처분 물건 분석 ·························································································· 165
1단계 : 말소기준권리를 기준으로 인수? 말소? 여부를 판단 ·············································· 165
2단계 : 본안소송의 제기 여부와 결과 조사 ··································································· 165
2. 선순위 가처분 ······································································································· 167
말소되는 가처분의 유형 ··························································································· 167
가처분취소신청서(제소기간도과) ············································································ 170
- 적용사례 5. 대전 2019 타경 106262 ···································································· 172
- 적용사례 6. 성남 2019 타경 1529 ······································································· 174
- 적용사례 8. 남부 2014 타경 8230 - 이혼 ······························································ 178
- 적용사례 4. 창원 2017 타경 4030 ······································································· 179
- 적용사례 13. 의정부 2010 타경 41846 ································································· 181
- 적용사례 14. 중앙 2010 타경 25583 ···································································· 182
- 적용사례 20. 중앙 2011 타경 32120 ···································································· 185
- 적용사례 20. 중앙 2013 타경 31176 ···································································· 188
가처분의 목적달성 및 본안소송 여부 확인 ···································································· 190
가처분 신청취하 및 집행해제 신청서 ······································································· 191
3. 후순위 가처분 ······································································································· 192
말소되는 경우 ······································································································· 192
예외적으로 인수(위험) ···························································································· 192
- 적용사례 11. 중앙 2009 타경 45352 ···································································· 194
- 적용사례 11. 중앙 2012 타경 17746 ···································································· 195
절대적 원인무효 사유에 기한 소유권이전등기말소청구권 가처분 ········································ 196
- 적용사례 1. 여주 2019 타경 34621 ······································································ 197
- 적용사례 청주 2019 타경 3373 ··········································································· 200
- 적용사례 성남 2007 타경 16504 ········································································· 202
위험(상대적 원인무효) ···························································································· 206
※ 채권자취소권 ·································································································· 208
CHAPTER 3. 가처분의 해법
1. 개관 ··················································································································· 214
2. 배당절차 종료 전 ··································································································· 217
매매계약해제 및 경매대금반환 신청서 ····································································· 218
3. 배당절차 종료 후 ··································································································· 219
CHAPTER 4. 적용사례
- 7. 대전 2019 타경 103393 ······················································································ 222
- 9. 성남 2018 타경 12133 ························································································ 223
- 10. 안산 2016 타경 54493 ······················································································ 225
- 12. 북부 2010 타경 19044 ······················································································ 227
- 12. 북부 2014 타경 2273 ························································································ 228
- 15. 여주 2008 타경 2987 ························································································ 229
- 16. 여주 2016 타경 9402(2) ···················································································· 230
- 17. 의정부 2010 타경 31993 ··················································································· 232
- 18. 대전 2013 타경 15340(2) ·················································································· 233
- 19. 성남 2013 타경 20276 ······················································································ 234
