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.

최근에 이르기까지의 기출문제의 동향에 따라 중요 판례를 보완하는 등 하여 증보판을 내게 되었습니다 . 어떤 시험이든 기본에 충실하면 득점을 하는 데에 전혀 어려움이 없다는 점은 항상 변함이 없지만 시험은 학문이 아니므로 나름대로의 합격전략을 세워 이에 따라 별도로 준비를 해야 할 필요성은 있습니다 .
수험생들의 학습량에 맞도록 가능한 한 분량을 늘이지 않으려고 하다 보니 늘 부족함을 느낍니다만 이 책이 여러분들께서 시험에서 고득점을 하는데 완벽한 교재는 될 수 없더라도 보다 충실한 교재로서의 역할을 다할 수 있도록 최선을 다하였습니다 .
이 책을 통하여 민사집행법에 대한 답답함과 두려움을 떨쳐내고 시험에 대한 자신감과 합격의 기쁨을 누리시기를 염원합니다 .
이 책을 펴낼 수 있도록 해주신 정현성 대표께 감사드립니다 .
또 자료의 수집과 교정 등 많은 도움을 주신 신현영 박사께도 감사드립니다.
그리고 미력한 저를 한결같이 성원해주는 아우들 정영두 , 이상수 박사 , 이준현 박사 , 동무들 유석주 법무사 , 조정조 박사 , 이명우 박사 . 김영호 회계사께도 감사드리며 , 신아사의 편집부직원 여러분께도 감사드립니다 .

2016 년 10월
金 景 泰