추가 적립 안내

전면적으로 내용을 재검토하여 수험생들이 좀 더 쉽게 암기하고, 좀 더 쉽 게 이해할 수 있도록 ‘문장 표현’을 다수 수정하고, 2019년 7월까지의 최신 판례 보강 등을 통해 더욱 알찬 내용으로 구성하되, 단문 25점 기준 2페이 지 기준을 지켰다. 19년 기출사례 문제 및 해설을 소개하고 단문과 사례의 유기적 학습을 위 해 단문주제에 해당 사례문제의 번호를 표시하였으며, 단문과 사례가 완전히 새롭게 추가 또는 교체된 경우로는 단문 1개, 사례 총 6개로 아래와 같다. 〈br/〉〈br/〉단문주제 69-1 쌍방에 공통하는 동기의 착오, ⅰ) 사례주제 009 미성년자의 신용거래, ⅱ) 014-1 권리능력 없는 사단의 총유물 처분 및 불법행위책임, ⅲ) 025 차명대출, 부동산의 이중매매(2019 년 기출), ⅳ) 028 비진의 표시ㆍ통정 허위표시ㆍ선의의 제3자 보호, ⅴ) 046 무권대리 추인의 상대방과 철회권ㆍ추인의 소급효 제한, ⅵ) 051 응소와 시효중단ㆍ소멸시효의 완성과 포기의 상대효〈br/〉〈br/〉참고로 올해 동일한 쟁점으로 기출된 기존 사례 2개는 제외하였다. 효과적인 암기를 위해 중요 ‘두문자’를 제시하고, 별책부록에 중요주제 ‘단 문 및 사례 목차’를 제시하였다. 별책부록은 핸드북 형태로 ⅰ) 기출문제, ⅱ) 단문 및 사례 목차, ⅲ) 민법총 칙 조문(중요도 체크), ⅳ) 기억해야 할 민법총칙 이외 민법조문으로 구성하여 수록하였다.〈br/〉 전면적으로 내용을 재검토하여 수험생들이 좀 더 쉽게 암기하고, 좀 더 쉽 게 이해할 수 있도록 ‘문장 표현’을 다수 수정하고, 2019년 7월까지의 최신 판례 보강 등을 통해 더욱 알찬 내용으로 구성하되, 단문 25점 기준 2페이 지 기준을 지켰다. 19년 기출사례 문제 및 해설을 소개하고 단문과 사례의 유기적 학습을 위 해 단문주제에 해당 사례문제의 번호를 표시하였으며, 단문과 사례가 완전히 새롭게 추가 또는 교체된 경우로는 단문 1개, 사례 총 6개로 아래와 같다.

단문주제 69-1 쌍방에 공통하는 동기의 착오, ⅰ) 사례주제 009 미성년자의 신용거래, ⅱ) 014-1 권리능력 없는 사단의 총유물 처분 및 불법행위책임, ⅲ) 025 차명대출, 부동산의 이중매매(2019 년 기출), ⅳ) 028 비진의 표시ㆍ통정 허위표시ㆍ선의의 제3자 보호, ⅴ) 046 무권대리 추인의 상대방과 철회권ㆍ추인의 소급효 제한, ⅵ) 051 응소와 시효중단ㆍ소멸시효의 완성과 포기의 상대효

참고로 올해 동일한 쟁점으로 기출된 기존 사례 2개는 제외하였다. 효과적인 암기를 위해 중요 ‘두문자’를 제시하고, 별책부록에 중요주제 ‘단 문 및 사례 목차’를 제시하였다. 별책부록은 핸드북 형태로 ⅰ) 기출문제, ⅱ) 단문 및 사례 목차, ⅲ) 민법총 칙 조문(중요도 체크), ⅳ) 기억해야 할 민법총칙 이외 민법조문으로 구성하여 수록하였다.

Prologue
Prol1ogue 권리변동의 시간적 흐름순서에 따른 민법체계의 재구성 ···································2
Pro2logue 사례중심으로 쉽게 풀어쓴 민법총칙 기초이론······················································4
제1절 서 론····················································································································4
제2절 권 리··················································································································12
제3절 법률행위··············································································································21
제4절 기 간··················································································································73
제5절 소멸시효··············································································································75
제6절 권리의 주체········································································································80
제7절 물 건··················································································································92
단 문
001 민법의 기본원리 B- ··········································································································96
002 민법의 법원 C ··················································································································98
003 관습법 C ·························································································································100
004 관습법과 사실인 관습 기출 C ··························································································102
005 신의성실의 원칙 C ··········································································································104
006 신의성실의 원칙 B- ········································································································108
007 권리남용금지의 법칙 기출 C ···························································································110
008 자기모순금지(금반언)의 원칙 A ·······················································································112
009 사정변경의 원칙 기출 C ··································································································114
010 실효의 원칙 기출 C ·········································································································118
차 경찰간부시험대비
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011 민법상 능력 C ·················································································································120
012 태아의 권리능력(태아의 민법상 지위) 기출 B+ ································································122
013 권리능력의 소멸 C ··········································································································124
014 실종선고와 인정사망의 비교 C ························································································126
015 의사능력(의사무능력) B ···································································································128
016 제한능력자의 재산적 법률행위 방식 C ············································································130
017 제한능력자 제도 C ··········································································································134
018 제한능력자 법정대리인의 대리권 범위와 제한 A ·····························································140
019 미성년자의 행위능력 기출 B+ ·························································································144
020 미성년자가 단독으로 유효한 법률행위를 할 수 있는 경우 B ··········································146
021 피성년후견인 B+ ·············································································································148
022 피한정후견인 기출 C ·······································································································150
023 피특정후견인 B+ ·············································································································152
024 제한능력자의 상대방보호 기출 C ·····················································································154
025 제한능력자의 상대방보호 기출 B+ ···················································································158
026 부재자의 재산관리 B- ·····································································································160
027 실종선고 B- ····················································································································162
028 실종선고의 취소 B ··········································································································166
029 사단법인과 재단법인 기출 C ···························································································168
030 권리능력 없는 법인 C ·····································································································170
031 권리능력 없는 사단(비법인사단) 기출 C ··········································································174
032 법인의 대표기관 B- ········································································································176
033 법인의 이사 C ·················································································································178
034 이사의 대표권 제한 기출 C ·····························································································180
035 대표권의 남용 B+ ···········································································································182
036 재단법인설립시 출연재산의 귀속시기 기출 B ···································································184
037 법인의 능력 C ·················································································································186
038 법인의 권리(행위)능력 B ·································································································188
주관식 민법총칙 차
례
039 법인의 불법행위능력 기출 C ···························································································190
040 대표기관의 행위에 대한 법인의 책임관계 C ···································································192
041 부동산과 동산 기출 B ······································································································194
042 주물과 종물 기출 B+ ·······································································································196
043 원물과 과실 기출 C ·········································································································198
044 법률행위의 요건 B- ········································································································200
045 법률행위의 해석 기출 C ································································································202
046 법률행위의 해석 기출 C ··································································································206
047 타인의 명의를 사용한 법률행위 C ··················································································208
048 예문(例文)해석 C ············································································································210
049 법률행위 목적의 불능 B ··································································································212
050 법률행위 목적의 적법성, 강행법규(강행규정) C ·····························································214
051 법률행위 목적의 적법성, 강행법규(강행규정) 기출 C ·······················································216
052 단속법규 B- ····················································································································218
053 탈법행위 B- ····················································································································220
054 법률행위 목적의 사회적 타당성 C ··················································································222
055 선량한 풍속 기타 사회질서 위반(반사회질서의 법률행위) C ···········································224
056 선량한 풍속 기타 사회질서 위반(반사회질서의 법률행위) A ············································228
057 동기의 불법 B ·················································································································230
058 불공정한 법률행위(폭리행위) 기출 B ················································································232
059 부동산의 이중매매 C ·······································································································234
060 의사표시 C ······················································································································238
061 의사표시에 관한 이론 C ··································································································242
062 의사표시의 효력발생 C ···································································································244
063 의사표시의 효력발생 B+ ·································································································248
064 의사와 표시의 불일치 C ································································································250
065 비진의 표시 기출 B+ ·······································································································254
066 통정한 허위의 의사표시(가장행위) A ···············································································256
차 경찰간부시험대비
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067 착오에 의한 의사표시 C ··································································································258
068 착오에 의한 의사표시 B ··································································································262
069 동기의 착오 기출 B ········································································································264
069 -1 쌍방에 공통하는 동기의 착오 B ··············································································266
070 사기 혹은 강박에 의한 의사표시(하자있는 의사표시) 기출 C ········································268
071 사기 혹은 강박에 의한 의사표시(하자있는 의사표시) 기출 B+ ······································272
072 사자(使者) 기출 C ···········································································································274
073 대표권과 대리권의 비교 C ······························································································276
074 대리권의 발생원인 C ·······································································································278
075 수권행위 기출 C ··············································································································280
076 대리권의 범위 B+ ···········································································································282
077 대리권의 제한 A ·············································································································284
078 대리권의 범위와 제한 B+ ·······························································································286
079 대리인의 능력 B ·············································································································288
080 대리권의 남용 기출 B ······································································································290
081 현명(顯名)주의 기출 C ·····································································································292
082 하자있는 대리행위(대리행위의 하자) 기출 C ····································································294
083 복대리 기출 C ·················································································································296
084 표현대리(表現代理) C ····································································································298
085 표현대리(表現代理) B+ ···································································································302
086 표현대리의 종류와 효과 B+ ····························································································304
087 제125조의 표현대리(대리권수여의 표시에 의한 표현대리) A+ ·········································306
088 제126조의 표현대리(권한을 넘은 표현대리) 기출 C ·························································308
089 제126조의 표현대리(권한을 넘은 표현대리) 기출 B+ ·······················································312
090 일상가사대리권 B- ··········································································································314
091 제129조의 표현대리(대리권 소멸후 표현대리) A+ ···························································316
092 협의의 무권대리 C ··········································································································318
093 계약의 무권대리(계약에 있어서 무권대리) B ···································································322
주관식 민법총칙 차
례
094 협의의 무권대리에서 본인과 상대방의 관계 B- ······························································324
095 제한능력자 상대방의 최고와 무권대리 상대방의 최고 C ·················································326
096 무권리자 처분행위에 대한 권리자의 추인 기출 C ····························································328
097 무효행위의 추인 기출 C ··································································································330
098 토지거래허가제도 A ·········································································································332
099 유동적 무효 A ·················································································································334
100 일부무효 기출 C ··············································································································336
101 무효행위의 전환 기출 C ··································································································338
102 법률행위의 취소 C ··········································································································340
103 법률행위의 취소 B ··········································································································344
104 무효와 취소 B+ ···············································································································346
105 취소할 수 있는 법률행위의 추인 B ·················································································348
106 법정추인 B+ ····················································································································350
107 일부 취소 B ····················································································································352
108 민법상 추인 C ·················································································································354
109 민법상 추인 B ·················································································································358
110 조건부 법률행위 C ··········································································································360
111 조건부 법률행위의 효력 기출 C ······················································································364
112 기한부 법률행위 C ··········································································································366
113 조건과 기한 C ·················································································································368
114 소멸시효와 제척기간 기출 B+ ·························································································370
115 소멸시효의 기산점 B- ·····································································································372
116 소멸시효 완성의 효과 기출 C ··························································································374
117 소멸시효의 정지 C ··········································································································376
118 소멸시효의 중단사유 기출 C ···························································································378
119 응소와 시효중단 기출 C ··································································································380
120 소멸시효이익의 포기 기출 C ···························································································382
차 경찰간부시험대비
례
사 례
001 권리남용금지의 원칙 A+ ·································································································386
002 실효의 원칙, 권리남용금지의 원칙 A ··············································································390
003 태아의 권리능력 B+ ········································································································394
004 태아의 권리능력 B+ ········································································································397
005 태아의 권리능력 B ··········································································································400
006 제한능력자의 상대방 보호(2008년) 기출 ··········································································402
007 미성년자의 행위능력, 처분을 허락한 재산(제6조) B ························································406
008 제한능력자의 법률행위의 효력과 상대방 보호 B ·····························································408
009 미성년자의 신용거래 B+ ·································································································413
010 일부취소, 미성년자의 부당이득반환범위(2016년) 기출 ·····················································417
011 부재자재산관리·무권대리(2012년) 기출 ···········································································421
012 실종선고 취소(2004년) 기출 ·····························································································425
013 관습법·종중 B ···············································································································428
014 권리능력 없는 사단, 대표권 제한 및 대표권 남용 A ······················································432
014 -1 권리능력 없는 사단의 총유물 처분 및 불법행위책임 A ·········································436
015 재단법인 출연재산의 귀속시기, 이사의 대표권 제한 A ···················································439
016 법인의 불법행위능력과 이사의 대표권남용(2011년) 기출 ·················································443
017 법률에 의한 대표권 제한 B ·····························································································446
018 정관에 의한 대표권 제한 A ····························································································450
019 법률행위의 해석, 특히 그릇된 표시의 해석 B+ ······························································454
020 타인의 명의를 사용한 법률행위 기출 C ···········································································457
021 금반언의 원칙 및 신의칙 적용의 한계, 유동적 무효, 강행규정 B+ ·································460
022 반사회질서 위반행위(제103조), 불법원인급여(2013년) 기출 ··············································464
023 불공정한 법률행위(제104호), 불법원인급여(2014년) 기출 ·················································468
024 제104조와 무효행위의 전환, 무상행위 B ·········································································472
주관식 민법총칙 차
례
025 차명대출, 부동산의 이중매매(2019년) 기출 ··································································476
026 통정허위표시(2003년) 기출 ·······························································································480
027 제108조 2항(2017년) 기출 ·······························································································483
028 비진의 표시, 통정 허위표시, 선의의 제3자 보호 B- ·················································486
029 쌍방의 공통하는 동기의 착오·상대방에 의해 제공된 동기의 착오 B- ···························489
030 오표시무해의 원칙·착오를 이유로 한 취소(2005년) 기출 ················································494
031 사기에 의한 의사표시와 착오에 의한 의사표시 B ···························································498
032 쌍방의 공통하는 동기의 착오 B ······················································································502
033 일부취소 B- ····················································································································505
034 타인명의를 사용한 법률행위, 유발된 동기의 착오, 신뢰이익 배상(2018년) 기출 ·············509
035 착오·사기를 이유로 한 취소·선의의 제3자 보호(2009년) 기출 ·····································513
036 강박에 의한 의사표시, 진의 아닌 의사표시 B+ ······························································517
037 공동대리, 이해상반행위, 친권남용 A ···············································································520
038 공동대리와 표현대리, 착오에 의한 의사표시 B ·······························································522
039 사기, 제한능력자의 법률행위, 수권행위의 독자성과 유인성 B+ ······································525
040 수권행위, 착오에 의한 의사표시 B ··················································································530
041 일상가사대리권과 표현대리 B+ ·······················································································532
042 복대리·표현대리·일부무효 A+ ······················································································535
043 표현대리·협의의 무권대리(2010년) 기출 ·········································································539
044 수권행위와 원인된 법률행위, 제129조, 제135조(2015년) 기출 ·········································543
045 타인명의를 사용한 법률행위, 대리권 남용, 표현대리 기출 C ··········································548
046 무권대리 추인의 상대방과 철회권, 추인의 소급효 제한 B ·········································552
047 사자와 대리, 무권리자 처분행위에 대한 추인(2015년) 기출 ········································554
048 유동적 무효 등 B ··········································································································558
049 응소와 시효중단 B ········································································································560
050 소멸시효 완성의 효과, 소멸시효 이익의 포기 B+ ······················································562
051 응소와 시효중단, 소멸시효의 완성과 포기의 상대효 B+ ············································565
052 소멸시효(2017년) 기출 ···································································································569