제 1 편 민사집행법 총론
1. 민사집행법의 연혁 / 17 3. 민사집행의 의의와 종류 / 18
2. 민사집행법의 편제 / 18 4. 민사집행의 기본원칙 / 19

제2편 강제집행
제1장 총 론 23
제1관 강제집행의 개념 ···································································································· 23
1. 의 의 / 23 2. 분 류 / 23
3. 사법(私法)상의 청구권 / 24 4. 이행청구권 / 24
5. 채권자의 신청 / 24 6. 법률적 절차 / 25
7. 채권자의 우위 / 25
제2관 강제집행절차와 판결절차의 관계 ········································································· 25
제3관 강제집행의 종류 (분류) ·························································································· 26
1. 집행의 대상 / 26 2. 재산의 범위 / 26
3. 재산의 종류 / 27 4. 집행의 방법 / 27
5. 집행의 효력 / 28
제4관 집행의 당사자 ········································································································ 29
1. 집행당사자 (집행)채권자, (집행)채무자 / 29 2. 집행당사자의 확정 / 29
3. 집행당사자의 적격과 변동 / 29 4. 집행당사자능력과 소송능력 / 34
5. 집행당사자의 대리 / 35
제5관 집행기관 ·················································································································· 36
1. 의 의 / 36 2. 종 류 / 36
3. 관 할 / 36
제6관 집행관 ····················································································································· 37
1. 의 의 / 37 2. 제 척 / 37
3. 관 할 / 37 4. 집행실시에 관한 일반적 절차 / 38
제7관 집행법원 ·················································································································· 42
1. 의 의 / 42 2. 관 할 / 42
3. 집행법원의 재판 / 44
제8관 제1심법원 ················································································································ 45
1. 의 의 / 45 2. 직무관할 / 45
3. 제1심법원의 재판 / 46 4. 불 복 / 46
제9관 기타의 집행기관 ···································································································· 46
1. 등기관 / 46 2. 공조기관 / 46
제10관 즉시항고
집행에 관한 이의신청 ······································································· 47
1. 즉시항고 (법 제 15조) / 47 2. 집행에 관한 이의신청 / 51
제11관 사법보좌관의 처분에 대한 이의신청 ································································· 56
1. 대 상 / 56 2. 신청기간 / 56
3. 절 차 / 56
제12관 강제집행의 진행 ·································································································· 59
1. 채권자의 신청 / 59 2. 개시요건의 심사 / 59
3. 집행의 개시 / 59 4. 집행의 종료 (변제) / 59
제13관 강제집행의 개시요건 ··························································································· 59
1. 의 의 / 59 2. 종 류 / 59
3. 조 사 / 60 4. 흠결을 간과한 집행 / 60
5. 적극적 개시요건 / 60 6. 소극적 개시요건 / 66
제14관 집행권원 ················································································································ 69
1. 의 의 / 69 2. 집행권원의 내용 / 69
3. 종 류 / 72 4. 효 력 / 79
5. 소 멸 / 79 6. 집행권원의 경합 / 80
제15관 집행문 ··················································································································· 81
1. 의 의 / 81 2. 집행문의 부여기관 / 81
3. 집행문부여를 받아야 하는지의 여부 / 82 4. 집행문부여절차에 있어서의 구제절차 / 87
제16관 집행문부여 등에 관한 이의신청 ········································································ 88
1. 집행문부여거절처분에 대한 이의신청 / 88 2. 집행문부여에 대한 이의신청 / 90
제17관 집행문부여의 소
집행문부여에 대한 이의의 소 ············································ 94
1. 집행문부여의 소 / 94 2. 집행문부여에 대한 이의의 소 / 96
제18관 청구에 관한 이의의 소 ······················································································· 99
1. 의 의 / 99 2. 적용범위 / 99
3. 이의사유 / 100 4. 청구이의의 사유로 할 수 없는 경우 / 103
5. 이의사유의 동시 주장 (법 제 44조 제 3항) / 106 6. 절차 / 106
7. 청구이의의 소의 법적 성질 / 111
제19관 제3자이의의 소 ·································································································· 112
1. 의 의 / 112 2. 적용범위 / 112
3. 이의사유 / 112 4. 절 차 / 116
5. 제3자이의의 소의 법적 성질 / 119
제20관 강제집행의 정지 , 제한, 취소 ············································································ 120
1. 집행의 정지와 제한 / 120 2. 집행의 취소 / 128
제21관 집행비용 ·············································································································· 131
1. 의 의 / 131 2. 집행비용의 종류 / 131
3. 집행비용의 범위 / 132 4. 집행비용의 예납 (豫納) / 134
5. 집행비용의 부담 / 134 6. 집행비용의 추심 / 135
7. 집행비용의 변상 / 137
제22관 집행에 관한 담보 보증 공탁 ········································································ 139
1. 구별개념 / 139 2. 집행에 관한 담보 / 139
3. 집행에 관한 보증 / 142 4. 집행에 관한 공탁 / 143

제2장 금전채권에 기초한 강제집행 / 144
제1절 재산명시 / 144
제1관 재산명시 ················································································································ 144
1. 의 의 / 144
3. 재산명시명령 / 146
5. 재산목록의 정정
보완(법 제 66조) / 150
7. 집행의 정지
취소 / 151
9. 재산명시신청의 재신청 / 155
2. 재산명시신청 / 144
4. 재산명시기일의 실시 / 148
6. 재산목록의 열람
복사 / 151
8. 감치 및 벌칙 / 152
제2관 채무불이행자명부 ································································································· 156
1. 의 의 / 156 2. 등재신청 / 156
3. 등재신청에 대한 재판 / 158 4. 명부의 작성 , 비치, 열람, 복사 / 158
5. 명부등재의 말소 / 159
제3관 재산조회 ················································································································ 160
1. 개 요 / 160
3. 조회대상 재산 / 161
5. 재 판 / 162
7. 재산조회 결과의 열람 복사 / 164
9. 대법원 규칙 제정 적용 / 164

제2절 부동산 강제집행(개설) / 165
2. 재산조회를 할 기관 / 161
4. 신 청 / 161
6. 재산조회의 결과 (법 제 75조 제 1항) / 163
8. 벌 칙 / 164
제1관 부동산 강제집행 ·································································································· 165
1. 강제경매 / 165 2. 강제관리 / 165
3. 강제경매와 강제관리와의 관계 / 166
제2관 부동산강제경매 ···································································································· 166
1. 의 의 / 166 2. 절 차 / 166
3. 대 상 / 170 4. 대상이 될 수 없는 것 / 173
5. 집행법원 / 174 6. 신 청 / 174
7. 접 수 / 178

제3절 부동산강제경매절차 Ⅰ(압류) / 179
제1관 강제경매개시결정 ································································································· 179
제2관 임의경매개시결정 ································································································· 198
제3관 매각절차에 있어서의 당사자 승계 ····································································· 201

제4절 부동산강제경매절차 Ⅱ(현금화) ································································· 203
제1관 경매의 준비 ·········································································································· 203
제2관 매각절차 (1) ··········································································································· 203
제3관 매각절차 (2) ··········································································································· 219
제4관 매각결정절차 ········································································································ 227

제5절 부동산강제경매절차 Ⅲ(변제) ····································································· 262
제1관 변제절차 ················································································································ 262
제2관 배당절차 ················································································································ 263
제3관 배당순위 ················································································································ 273
제4관 흡수배당 ················································································································ 280

제6절 부동산강제경매절차 Ⅳ (배당이의 .실시 및 취하) ····································· 281
제1관 배당표에 대한 이의 ····························································································· 281
제2관 배당이의의 소 ······································································································ 287
제3관 배당의 실시 ·········································································································· 296
제4관 경매신청의 취하 ·································································································· 301

제7절 부동산임의경매(담보권실행 .형식적 경매) ················································ 304
제1관 담보권실행을 위한 경매 ····················································································· 304
제2관 형식적 경매 ·········································································································· 312

제8절 부동산강제관리 ·························································································· 315
제1관 총 설 ····················································································································· 315
제2관 절차의 개요 ·········································································································· 316
제3관 강제관리신청 ········································································································ 317
제4관 압 류 ····················································································································· 319
제5관 현금화 ··················································································································· 323
제6관 변 제 ····················································································································· 329
제7관 강제관리의 정지 취소 종결 ············································································ 332

제9절 선박 등에 대한 강제집행 (선박 .항공기 .자동차.건설기계 .소형선박) ······· 335
제1관 선박에 대한 강제집행 ························································································· 335
제2관 항공기에 대한 집행 ····························································································· 341
제3관 자동차에 대한 집행 ····························································································· 342
제4관 건설기계에 대한 집행 ························································································· 347
제5관 소형선박에 대한 집행 ························································································· 348

제10절 유체동산강제집행 ····················································································· 349
제1관 압류절차 총설 ······································································································ 349
1. 유체동산의 범위 / 349
2. 압류할 수 있는 경우 / 350
3. 압류의 제한 / 352
제2관 압류절차 ················································································································ 356
1. 집행위임 / 356
2. 압류물의 선택 (집행관의 자유재량 원칙 ) / 357
3. 목적물의 점유 / 357
4. 압류조서의 작성 (법 제 10조) / 358
5. 채무자에 대한 압류사유의 통지 (법 제 189조 제 3항) / 358
6. 압류물의 보존 , 점검, 회수 및 인도명령 / 358
제3관 현금화절차 ············································································································ 360
1. 현금화방법 / 360
2. 금전의 압류 / 361
3. 호가경매 (법 제 199조, 규칙 제 145 조~제150 조) / 362
4. 기일입찰 / 364
5. 적당한 방법에 의한 매각 (법 제 209조 후단 , 제210 조 전단 ) / 364
6. 법원의 명령에 의한 특별현금화 (법 제 214조) / 365
제4관 집행의 경합 ·········································································································· 366
1. 집행의 경합 / 366 2. 공동압류 (동시압류 ) / 366
3. 압류의 경합 (이중압류 ) / 366 4. 배당요구 / 368
제5관 배당요구 ················································································································ 368
1. 배당요구권자 / 368 2. 배당요구를 할 수 없는 자 / 369
3. 배당요구의 방법 / 370 4. 배당요구의 시기 (時期) / 370
5. 배당요구의 통지 / 371 6. 배우자의 지급요구 (법 제 221 조 제 1항) / 371
제6관 변제절차 ················································································································ 371
1. 교 부 / 371 2. 배 당 / 371
제7관 압류의 취소 (해제) ································································································ 372
1. 압류의 소멸 / 372 2. 압류취소의 원인 / 372
제11절 채권과 그 밖의 재산권에 대한 강제집행 ·············································· 374
제1관 금전채권압류절차 총설 ······················································································· 374
1. 피압류채권의 적격 / 374
2. 압류를 할 수 없는 채권 (양도불가능 채권 포함 ) / 376
3. 재판에 의한 압류금지채권의 범위변경 (법 제 246조 제 3항) / 380
4. 압류적격이 없는 채권에 대한 압류 / 380
제2관 압류절차 ················································································································ 380
1. 신청방식 / 380 2. 관할법원 / 381
3. 압류의 효력발생시기 / 381 4. 압류의 효력이 미치는 범위 / 382
5. 압류의 취하 / 383
제3관 현금화절차 ············································································································ 384
1. 현금화절차 / 384 2. 압류의 경합 (이중압류 ) / 392
3. 배당요구 / 397
제4관 유체물인도청구권 등에 대한 강제집행 ····························································· 402
1. 의의(법 제 243 조) / 402 2. 압 류 / 402
3. 추심(집행관 ) / 402 4. 현금화(집행관에 의한 매각 ) / 402
5. 변 제 / 402
제5관 부동산 등의 인도 또는 권리이전청구권에 대한 집행 ····································· 402
1. 부동산의 인도 또는 권리이전청구권에 대한 집행 / 402
2. 선박 항공기 자동차 건설기계의 권리이전청구권에 대한 집행 / 403
3. 선박 항공기의 인도청구권에 대한 집행 / 403
4.자동차 건설기계의 인도청구권에 대한 집행 / 403
5. 소유권이전등기청구권에 대한 집행절차 / 404
제6관 그 밖의 재산권에 대한 강제집행 ······································································ 407
1. 전화사용권 / 407 2. 골프회원권 / 407
3. 스포츠센터회원권 / 407 4. 콘도회원권 / 407
5. 주 식 / 408
6. 출자증권 (건설공제조합 , 전기공사공제조합 등 ) / 409
7. 사원(社員)의 지분에 대한 집행 (합명회사 , 합자회사 , 유한회사 ) / 409
8. 민법상 조합에서의 조합원지분 / 409
9. 특허권 / 409 10. 실용신안권 / 409
11. 의장권 / 409 12. 상표권 / 409
13. 저작권 / 409 14. 예탁유가증권 / 409
15. 용익권(전세권, 임차권 등 ) / 410 16. 리스이용권 / 410
17. 각종 허가권
면허권 등 / 410

제3장 금전채권 외의 채권에 기초한 강제집행 / 411
제1관 금전채권 외의 채권에 기초한 강제집행 ··························································· 411
제2관 유체물인도청구권의 집행 ···················································································· 411
제3관 “하는 채무 ”에 대한 강제집행 ············································································ 420
제4관 대체집행 ················································································································ 421
제5관 간접강제 ················································································································ 429
제6관 의사표시를 하여야 할 의무의 집행 ··································································· 434

제3편 보전처분
제1관 보전처분의 개념 ·································································································· 441
1. 보전처분 / 441 2. 보전절차의 특질 / 441
제2관 보전처분의 종류 ·································································································· 443
1. 가압류 / 443 2. 가처분 / 443
3. 특수한 보전처분 (협의의 보전처분에 포함되지 아니한다 ) / 444
제3관 보전소송의 당사자 ······························································································· 444
1. 당사자의 의의 및 호칭 / 444 2. 당사자능력 / 445
3. 소송능력 / 446 4. 대 리 / 446
5. 당사자적격 / 447 6. 보전소송에서의 참가와 승계 / 449
제4관 보전소송의 관할 ·································································································· 450
1. 관할의 원칙 / 450 2. 본안의 관할법원 (가압류 가처분 ) / 451
3. 목적물이 있는 곳을 관할하는 법원 (가압류 ) / 452
4. 다툼의 대상이 있는 곳을 관할하는 지방법원 (가처분 ) / 453
5. 재판장의 긴급처분권 (가압류 가처분) / 453 6. 시 군법원의 관할에 대한 특례 / 454
제5관 보전처분의 요건 ·································································································· 455
1. 요 건 / 455 2. 피보전권리 / 455
3. 보전의 필요성 / 462
제6관 보전처분의 신청과 심리 ····················································································· 466
1. 보전처분의 신청 / 466 2. 보전처분의 심리 / 470
제7관 보전처분의 신청에 대한 재판 ············································································ 472
1. 재판의 형식 / 472 2. 신청을 배척하는 재판 / 472
3. 보전처분을 명하는 재판 / 472 4. 보전처분재판의 고지 / 477
5. 보전처분을 명하는 재판의 효력 / 477
제8관 보전처분에 대한 채무자의 구제 ········································································ 481
1. 구제절차 / 481
2. 보전처분에 대한 이의 / 485
3. 보전처분의 취소 (일반) / 493
4. 제소기간도과로 인한 취소 (법 제 287조 제 3항) / 496
5. 사정변경에 따른 보전처분의 취소 (법 제 288 조 제 1항 제 1호 제3호) / 498
6. 담보제공으로 인한 가압류 (결정)의 취소 (법 제 288 조 제 1항 제 2호) / 501
7. 특별사정에 의한 가처분의 취소 (법 제 307 조) / 502
제9관 보전처분의 집행 ·································································································· 505
1. 일반원칙 / 505 2. 보전처분집행의 특색 / 506
제10관 각종의 가압류와 그 집행 (특칙) ······································································· 509
1. 부동산 소유권에 대한 가압류 / 509 2. 부동산수익권에 대한 가압류 (강제관리 ) / 509
3. 선박 가압류 / 509 4. 항공기 가압류 / 510
5.자동차 가압류 / 510 6. 건설기계 및 소형선박 가압류 / 510
7. 유체동산 가압류 / 510 8. 금전의 가압류 / 510
9. 채권에 대한 가압류 / 510
제11관 보전처분의 집행취소 ························································································· 512
1. 집행취소 / 512
2. 채권자의 집행취소 (집행해제 ) / 512
3. 가압류해방금의 공탁에 의한 채무자의 가압류집행취소 / 513
4. 보전처분의 취하를 이유로 하는 채무자의 집행취소 / 513
5. 그 밖의 채무자의 집행취소 / 514
6. 집행취소의 절차 / 514
7. 집행취소의 효과 / 515
제12관 본집행으로의 이전 ····························································································· 515
1. 의 의 / 515 2. 효 과 / 515

민사집행법 도해 517