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

저 : 전진응
세상을 보는 관점의 재구성을 통해 변화를 시도하는 경계인이다. 독서를 자양분 삼아 지적성장을 이루는 것을 낙으로 삼는다. 현실과 이상의 한계를 극복하기 위해 좌충우돌 하지만 결과에 얽매이지 않는다. 불운한 이들과 함께하지 못했다는 부채의식과 미래세대에 대한 책임의식을 갖고 있다. 그들에 대한 마음의 빚을 조금이라도 덜어내고자 ‘회생 방법에 관한 지혜의 공유’를 선택했다. 법학을 전공하였고, 서강대학교 경영전문대학원 SHAPE(단기 MBA) 과정에서 총장상을 받았다. 국책은행, 금융 공기업, 서울특별시 출연 보증재단 등 금융회사에서 30년 동안 근무했다. 특히 여신 및 채권관리 분야에서 전문성을 키워왔다. 신용관리, 자산관리, 재무관리(前), 부동산 중개에 관한 공인 자격을 취득했다.