제1장 총 론 제1절 소의 제기 ······························································································· 3 Ⅰ. 소 제기시의 검토사항 3 Ⅱ. 소장의 작성 13 제2절 소장의 기재사항 ··················································································· 14 Ⅰ. 표 제 14 Ⅱ. 당사자 14 Ⅲ. 당사자의 주소의 표시 25 Ⅳ. 대리인·대표자 등의 표시 30 Ⅴ. 사건의 표시 36 제3절 소각하판결을 하여야 할 경우 ····························································· 38 Ⅰ. 법원에 관한 訴訟要件의 흠 38 Ⅱ. 당사자에 관한 소송요건의 흠 38 Ⅲ. 소송물에 관한 소송요건의 흠 42 Ⅳ. 소장의 기재사항·인지의 흠을 간과하고 소장이 송달된 후 이를 발견한 경우 45 제4절 각종 소의 유형별 청구취지 ································································ 47 Ⅰ. 이행청구 47 Ⅱ. 確認請求 97 Ⅲ. 形成請求 100 Ⅳ. 병합청구 112 제5절 소송비용의 부담 ················································································· 120 Ⅰ. 총 설 120 Ⅱ. 訴訟費用 負擔에 관한 原則 122 Ⅲ. 訴訟費用 敗訴者負擔主義의 예외 122 Ⅳ. 特殊한 경우 123 제6절 가집행선고 ·························································································· 125 Ⅰ. 총 설 125 Ⅱ. 假執行宣告의 要件 125 Ⅲ. 假執行宣告의 必要性 126 Ⅳ. 假執行宣告의 方式 127 Ⅴ. 假執行免除宣告 128 Ⅵ. 假執行宣告의 裁判에 대한 不服 129 제7절 청구원인 ······························································································ 131 Ⅰ. 총 설 131 Ⅱ. 이행청구 133 Ⅲ. 확인청구 138 Ⅳ. 형성청구 140 제8절 부수적 기재사항 ················································································· 144 Ⅰ. 입증방법 144 Ⅱ. 첨부서류 145 Ⅲ. 작성 연월일 146 Ⅳ. 작성자의 기명날인 또는 서명 146 Ⅴ. 법 원 147 Ⅵ. 인지의 첩부 147 Ⅶ. 소송물의 가액 등 148 Ⅷ. 송달료 187 제2장 요건사실론 제1절 총 론 ······························································································· 195 Ⅰ. 요건사실의 의의 195 Ⅱ. 요건사실과 입증책임 197 Ⅲ. 요건사실과 주장책임 198 Ⅳ. 사실의 가분·불가분 206 Ⅴ. 공격방어방법으로서의 요건사실 208 제2절 분쟁유형별 요건사실 ········································································ 212 Ⅰ. 매매계약에 기한 청구 212 Ⅱ. 대여금반환청구 228 Ⅲ. 소유권에 기한 부동산 인도·철거·퇴거청구 243 Ⅳ. 각종 등기청구 256 Ⅴ. 임대차계약에 기한 청구 276 Ⅵ. 사해행위 취소청구 291 Ⅶ. 전부금·추심금·양수금청구 304 Ⅷ. 어음금·수표금 청구 312 제3장 소장작성 연습문제 1. 동기의 착오 / 부당이득금반환청구의 소 ··············································· 327 2. 대리권 남용 / 예금채무부존재확인청구의 소 ········································ 336 3. 통정허위표시 / 추심금청구의 소 ···························································· 343 4. 불법말소와 승낙의무 / 근저당권말소회복등기청구의 소 ······················ 355 5. 2차 취득시효 / 소유권이전등기청구의 소 ············································· 362 6. 취득시효 / 소유권이전등기청구의 소 ···················································· 370 7. 계약명의신탁 / 부당이득반환(소유권이전등기 청구의 소) ··················· 377 8. 집합건물, 분리처분금지/소유권이전등기 청구의 소 ······························ 389 9. 법정지상권 / 토지인도 등 청구의 소 ···················································· 403 10. 관습법상 법정지상권 / 토지인도 등 청구의 소 ·································· 413 11. 전세권부 저당권의 효력 / 전세권설정등기말소등기청구의 소 ··········· 421 12. 전세권의 분리양도 / 전세권설정등기말소등기 청구의 소 ················· 430 13. 제3자 명의의 담보가등기 / 담보가등기말소회복청구의 소 ················ 437 14. 공동저당 / 변제자 대위, 근저당권이전등기 ········································ 444 15. 채권자대위권 / 소유권이전등기말소등기청구의 소 ····························· 452 16. 채권자대위권 / 건물인도청구 ······························································· 459 17. 채권자취소권 / 사해행위취소청구의 소 ··············································· 470 18. 근저당권설정등기말소와 가액배상 / 사해행위취소등청구의 소 ········· 479 19. 사해행위취소 / 주관적 병합 ································································· 487 20. 사해행위취소 / 배당금지급청구권의 양도 ··········································· 500 21. 사해행위취소 / 계약명의신탁 ······························································· 507 22. 채권양도 / 양수금청구의 소 ································································· 518 23. 병존적 채무인수 / 대여금청구의 소 ···················································· 525 24. 상계, 변제기 기준설 / 추심금 청구의 소 ··········································· 535 25. 부담부증여 / 소유권이전등기말소등기청구의 소 ································· 544 26. 임대차 종료 / 건물명도청구의 소 ························································ 551 27. 임대차(채권가압류) / 추심금 청구의 소 ·············································· 564 28. 토지임대차 / 소유권이전등기 청구의 소 ············································· 572 29. 채권가압류 / 대여금청구의 소 ····························································· 580 30. 사용자 책임 / 손해배상청구의 소 ························································ 586 31. 일상가사대리 / 대여금반환청구의 소 ·················································· 597 32. 친권의 남용 / 소유권이전등기말소등기청구의 소 ······························· 605 33. 상속회복청구의 소 / 소유권이전등기말소등기청구의 소 ···················· 611 34. 한정승인 / 구상금청구의 소 ································································· 618 제4장 법무사시험 기출문제 제7회 소장기출문제 ······················································································ 631 제8회 소장기출문제 ······················································································ 638 제9회 소장기출문제 ······················································································ 647 제10회 소장기출문제 ···················································································· 653 제11회 소장기출문제 ···················································································· 659 제12회 소장기출문제 ···················································································· 668 제13회 소장기출문제 ···················································································· 677