가등기·가처분 투자 비밀 노트(감정평가사가 알려주는)
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가등기·가처분만 제대로 이해해도
경매는 성공한다!
몇 년 전부터 경매 시장에 대한 관심이 뜨겁다. 그러나 경매 투자를 하려면 큰돈이 있어야 하고, 일반인들이 진입하기에는 어려운 분야라는 인식 또한 강한 것이 사실이다. 이 책은 소액으로도 얼마든지 가능한 특수경매 분야를 다루고 있는데, 그중에서도 특히 알아두어야 할 가등기·가처분에 대한 이해를 돕는다. 현직 감정평가사로 20년 이상 공·경매 투자를 해온 지은이가 경매와 관련해 다섯 번째로 펴내는 책인 만큼 독자들에게 꼭 필요한 정보 위주로 실용적인 내용을 선별했다. 또한, 지은이의 오랜 감정평가사의 경험을 녹인 적절한 사례를 통해 쉽게 이해할 수 있도록 구성했다.
지속적인 수익을 원하는 사람, 부동산 경매에 도전해보고 싶지만 투자금이 소액이라서 고민인 사람, 소액 특수경매를 어떻게 시작해야 할지 몰라 고민인 사람, 실전 사례가 궁금한 사람, 평생 꾸준한 재테크를 원하는 사람 등에게 꼭 필요한 책이다.
경매는 성공한다!
몇 년 전부터 경매 시장에 대한 관심이 뜨겁다. 그러나 경매 투자를 하려면 큰돈이 있어야 하고, 일반인들이 진입하기에는 어려운 분야라는 인식 또한 강한 것이 사실이다. 이 책은 소액으로도 얼마든지 가능한 특수경매 분야를 다루고 있는데, 그중에서도 특히 알아두어야 할 가등기·가처분에 대한 이해를 돕는다. 현직 감정평가사로 20년 이상 공·경매 투자를 해온 지은이가 경매와 관련해 다섯 번째로 펴내는 책인 만큼 독자들에게 꼭 필요한 정보 위주로 실용적인 내용을 선별했다. 또한, 지은이의 오랜 감정평가사의 경험을 녹인 적절한 사례를 통해 쉽게 이해할 수 있도록 구성했다.
지속적인 수익을 원하는 사람, 부동산 경매에 도전해보고 싶지만 투자금이 소액이라서 고민인 사람, 소액 특수경매를 어떻게 시작해야 할지 몰라 고민인 사람, 실전 사례가 궁금한 사람, 평생 꾸준한 재테크를 원하는 사람 등에게 꼭 필요한 책이다.
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출판사 리뷰
출판사 리뷰
쉬운 개념 정리와 실전 사례 분석을 통해
특수경매에서의 수익 창출을 돕는 책
특수경매에서 가등기·가처분에 관한 이론이나 판례 등을 공부하다 보면 법적으로 생소하고 어려운 부분에 부딪힐 때가 많다. 지은이는 이 책 한 권만 잘 이해하면 학습이 가능하도록 쉬운 개념 설명과 더불어 실전 사례를 풍부하게 실었다. 크게 가등기와 가처분의 두 파트로 되어 있고, 세부적으로는 가등기 5장, 가처분 4장으로 구성되어 있다. 먼저 가등기 파트에서는 가등기의 개념을 짚어보고, 보전가등기, 담보가등기, 담보목적가등기 등 가등기의 종류을 알아본다. 또한 소멸시효와 제척기간의 비교, 예약완결권의 제척기간 등을 알아보고, 권리분석과 가등기의 해법, 적용사례 등을 통해 이해를 높인다.
두 번째 가처분 파트에서는 가처분의 목적과 가처분등기의 유형 및 신청 이유 등을 알아보고, 마찬가지로 권리분석, 적용사례를 만나볼 수 있다. 여기에 배당절차 종료 전과 후로 나누어 가처분의 해법 등을 알아본다. 특히, 풍부한 '적용사례' 코너를 통해서는 다양한 실제 사례와 분석을 통해 책에서 배운 내용을 적용해보고, 완벽히 이해할 수 있을 것이다. 이 책을 통해 가등기·가처분을 확실히 이해함으로써 특수경매에 한 걸음 더 가까워지는 기회가 될 것이다.
특수경매에서의 수익 창출을 돕는 책
특수경매에서 가등기·가처분에 관한 이론이나 판례 등을 공부하다 보면 법적으로 생소하고 어려운 부분에 부딪힐 때가 많다. 지은이는 이 책 한 권만 잘 이해하면 학습이 가능하도록 쉬운 개념 설명과 더불어 실전 사례를 풍부하게 실었다. 크게 가등기와 가처분의 두 파트로 되어 있고, 세부적으로는 가등기 5장, 가처분 4장으로 구성되어 있다. 먼저 가등기 파트에서는 가등기의 개념을 짚어보고, 보전가등기, 담보가등기, 담보목적가등기 등 가등기의 종류을 알아본다. 또한 소멸시효와 제척기간의 비교, 예약완결권의 제척기간 등을 알아보고, 권리분석과 가등기의 해법, 적용사례 등을 통해 이해를 높인다.
두 번째 가처분 파트에서는 가처분의 목적과 가처분등기의 유형 및 신청 이유 등을 알아보고, 마찬가지로 권리분석, 적용사례를 만나볼 수 있다. 여기에 배당절차 종료 전과 후로 나누어 가처분의 해법 등을 알아본다. 특히, 풍부한 '적용사례' 코너를 통해서는 다양한 실제 사례와 분석을 통해 책에서 배운 내용을 적용해보고, 완벽히 이해할 수 있을 것이다. 이 책을 통해 가등기·가처분을 확실히 이해함으로써 특수경매에 한 걸음 더 가까워지는 기회가 될 것이다.
목차
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
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
저자
저자
차건환
현) 감정평가사무소 운영
서강대학교 공공정책대학원 졸업
공·경매 투자(약 20년)
감정평가사, 공인중개사, 주택관리사
네이버카페 '부자클라이밍' 〈특수경매 원티어 과정〉 진행(수시 모집)
전) 스피드옥션 '사례로 풀어보는 법원경매 감정평가서 분석' 강의
전) 캠퍼스부동산스쿨 '특수물건의 수익실현 특강'
전) 패스트캠퍼스 '특수물건 심화사례 과정 담당'
현) 차건환의 돈쭐경매 '기본경매 및 특수경매' 강의 진행
저서 《감정평가사가 알려주는 정년 없는 부동산 경매》, 《스타트 소액 특수경매》, 《법정지상권 투자 비밀 노트》, 《공유지분 투자 비밀노트》
서강대학교 공공정책대학원 졸업
공·경매 투자(약 20년)
감정평가사, 공인중개사, 주택관리사
네이버카페 '부자클라이밍' 〈특수경매 원티어 과정〉 진행(수시 모집)
전) 스피드옥션 '사례로 풀어보는 법원경매 감정평가서 분석' 강의
전) 캠퍼스부동산스쿨 '특수물건의 수익실현 특강'
전) 패스트캠퍼스 '특수물건 심화사례 과정 담당'
현) 차건환의 돈쭐경매 '기본경매 및 특수경매' 강의 진행
저서 《감정평가사가 알려주는 정년 없는 부동산 경매》, 《스타트 소액 특수경매》, 《법정지상권 투자 비밀 노트》, 《공유지분 투자 비밀노트》
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