제1편 부동산등기에 관한 기초이론
제1장 『부동산등기』란? ····························································· 13
부동산등기 제도란? ······························································· 13
등기제도의 활용 ····································································· 14
제2장 부동산등기는 『무엇을』 등기하는가? ································ 16
부동산의 표시 ········································································ 16
권리의 변동 ··········································································· 17
권리변동의 『원인』 ································································ 19
제3장 부동산등기는 『왜』 하는가? ·············································· 20
물권변동의 효력 ····································································· 20
처분요건의 효력 ····································································· 21
대항력 ···················································································· 21
권리의 추정력 ·····························xlvii······································· 22
순위확정력 ············································································· 22
제4장 부동산등기는 『누가』 하는가? ·········································· 23
신청주의 원칙 ········································································ 23
촉탁에 의하여 등기를 하는 경우 ··············································· 25
등기관이 직권으로 등기를 하는 경우 ········································ 25
법원의 명령에 의하여 등기를 하는 경우 ···································· 25
제5장 부동산등기신청은 『어떻게』 하는가? ······························· 27
서면신청 ················································································ 27
전자표준양식(e-form)신청 ······················································ 27
전자신청 ················································································ 27
제6장 부동산등기신청은 『어디에』 하는가? ······························· 28
등기사무의 처리 ····································································· 28
등기부에 등기를 한다. ···························································· 31
제7장 부동산등기신청은 『언제까지』 하는가? ···························· 41
매매, 증여 등 계약에 의한 소유권이전 등기 ································ 41
상속에 의한 소유권이전 등기 ··················································· 42
멸실등기 ················································································ 42
등기 해태 시 과태료 ································································ 42
제2편 부동산등기실무 일반절차
제1장 사건 수임 및 비용안내(제1단계) ········································ 45
개 관 ···················································································· 45
취득세 등 ··············································································· 45
▣ 주요 취득세 신고 구비서류 ················································ 54
등록면허세 ············································································ 59
국민주택채권 ········································································· 60
▣ 국민주택채권매입시 주의해야 할 등기 ······························· 67
인지세 ··················································································· 68
등기신청수수료 ······································································ 72
제2장 첨부정보 안내 및 수령(제2단계) ······································· 76
제1절 위임장 ············································································· 77
제2절 자격자대리인의 등기의무자 확인 및 자필서명정보 ·············· 79
제3절 인감증명 (또는 본인서명사실확인서) ·································· 80
인감증명을 제출하여야 하는 경우 ········································· 80
재준하여야 하는 인감증명 ·················································· 82
인감증명의 사용용도, 유효기간 ·········································· 82
제4절 주소 및 주민등록번호 증명정보 ······································· 85
주소를 증명하는 정보를 첨부하여야 하는 등기사건 ··············· 85
주소를 증명하는 정보 ························································ 86
유효기간 ··········································································· 86
주민등록번호 또는 부동산등기용등록번호 증명정보 ················ 88
제5절 대장 등 부동산표시를 증명하는 정보 ····························· 102
제6절 계약서 등 등기원인을 증명하는 정보 ····························· 103
제7절 부동산거래계약신고필증 및 매매목록 ······························ 104
부동산거래신고 ······························································· 104
매매목록 ········································································· 111
제8절 등기필증 또는 등기필정보 ············································· 114
제출하는 등기 ································································· 114
등기필증 또는 등기필정보의 제공방법 ······························· 114
등기필증 또는 등기필정보가 없는 경우 ······························ 115
▣ 확인서면 양식 [별지 1호 양식] ········································· 118
▣ 확인서면 양식 [별지 2호 양식] ········································· 119
제9절 기타 ·············································································· 122
첨부서면의 원본환부 등 ··················································· 122
우편발송용 봉투 ······························································ 122
제10절 특수한 첨부정보 ·························································· 128
농지취득자격증명 ···························································· 128
토지거래계약허가증 ························································· 138
▣ 토지거래허가증 첨부 여부 정리 ········································ 145
외국인의 토지취득허가증 ·················································· 146
▣ 외국인 토지취득 허가증 ··················································· 148
▣ 부동산등기 신청 시 필요한 일반적인 첨부정보 정리 ············ 149
제3장 신청서 꾸미기(제3단계) ··················································· 150
신청서를 작성하는 방법은? ··················································· 150
등기신청서에는 무엇을 기재하는가? ······································· 153
제4장 첨부정보 꾸미기 및 편철(제4단계) ··································· 162
시·군·구청에서 할 일 ·························································· 162
금융기관에서 할 일 ······························································ 164
편철하기(매매의 경우) ·························································· 164
제5장 등기소 가기(제5단계) ······················································ 165
어느 등기소에 제출하는가? ··················································· 165
누가 제출할 수 있는가? ······················································· 165
제6장 등기실행절차 ·································································· 166
접수 및 기입 ········································································ 166
조사 및 교합 ········································································ 166
등기필정보작성 및 통지 등 ··················································· 168
제7장 등기완료후 조치들 ························································· 174
등기사항증명서 열람 및 발급 ················································ 174
등기필정보수령 ···································································· 174
제3편 소유권에 관한 등기절차
제1장 소유권보존등기 ······························································· 177
서 설 ·················································································· 177
사전준비사항 ········································································ 179
등기신청서 작성 ···································································· 181
제2장 소유권이전등기 ······························································· 199
제1절 『매매』를 원인으로 한 소유권이전등기 ···························· 199
서 설 ············································································· 199
사전준비사항 ·································································· 200
등기신청서 작성하기 ························································ 203
제2절 『증여』를 원인으로 한 소유권이전등기 ···························· 213
서 설 ············································································· 213
사전준비사항 ·································································· 213
등기신청서 작성하기 ························································ 216
검인제도 ········································································· 218
▣ 부동산거래계약신고제도와 검인제도 비교 ··························· 219
▣ 검인대상 소유권이전 계약 정리 ········································ 220
제3절 『상속』을 원인으로 한 소유권이전등기 ···························· 228
서 설 ············································································· 228
사전준비사항 ·································································· 230
등기신청서 작성하기 ························································ 233
▣ 상속개시 시기에 따른 상속순위 및 상속분 변천사 ··············· 240
▣ 상속등기에 관한 업무처리지침 ··········································· 252
▣ 상속 원인이 2개인 경우와 법정 대습상속의 기재방법 ··········· 261
▣ 상속등기와 그 경정등기에 관한 업무처리지침 ······················ 262
▣ 상속등기와 그 경정등기 시 주의사항 ·································· 266
제4절 『판결』에 의한 소유권이전등기 ······································· 267
서 설 ············································································· 267
사전준비사항 ·································································· 267
등기신청서 작성하기 ························································ 270
제5절 『경매로 인한 매각』에 따른 등기절차 ····························· 284
서 설 ············································································· 284
사전준비사항 ·································································· 285
소유권이전등기촉탁신청서 작성 ········································· 288
제3장 가등기 및 가등기에 외한 본등기 ····································· 311
제1절 가등기 ············································································ 312
서 설 ············································································· 312
사전준비사항 ·································································· 313
등기신청서 작성하기 ························································ 316
제2절 가등기에 기한 소유권이전 본등기 ···································· 326
서 설 ············································································· 326
사전준비사항 ·································································· 327
등기신청서 작성하기 ························································ 330
제4편 소유권 이외의 권리에 관한 등기
제1장 지상권에 관한 등기 ························································· 347
서 설 ·················································································· 347
사전준비사항 ········································································ 348
등기신청서 작성하기 ····························································· 351
제2장 전세권에 관한 등기 ························································· 358
제1절 전세권설정등기 ································································ 358
서 설 ············································································· 358
사전준비사항 ·································································· 359
등기신청서 작성하기 ························································ 362
제2절 전세권변경등기 ································································ 370
서 설 ············································································· 370
사전준비사항 ·································································· 370
등기신청서 작성하기 ························································ 373
제3절 전세권말소등기 ································································ 382
서 설 ············································································· 382
사전준비사항 ·································································· 382
등기신청서 작성하기 ························································ 385
제3장 임차권에 관한 등기 ························································· 392
서 설 ·················································································· 393
사전준비사항 ········································································ 382
등기신청서 작성하기 ····························································· 397
▣ 임차권등기에 관한 업무처리지침 ············································· 404
제4장 근저당권에 관한 등기 ····················································· 411
제1절 근저당권설정등기 ···························································· 411
서 설 ············································································· 411
사전준비사항 ·································································· 413
등기신청서 작성하기 ························································ 416
제2절 근저당권이전등기 ···························································· 424
서 설 ············································································· 424
사전준비사항 ·································································· 425
3. 등기신청서 작성하기 ························································ 428
제3절 근저당권변경등기 ···························································· 439
서 설 ············································································· 439
사전준비사항 ·································································· 439
채권최고액 변경에 따른 근저당권변경등기의 경우 ·················· 442
계약인수 및 채무인수에 따른 근저당권변경등기의 경우 ··········· 448
제4절 근저당권말소등기 ···························································· 460
서 설 ············································································· 460
사전준비사항 ·································································· 461
등기신청서 작성하기 ························································ 464
제5장 권리질권에 관한 등기 ···················································· 472
서 설 ·················································································· 472
사전준비사항 ········································································ 473
등기신청서 작성하기 ····························································· 476
제6장 채권담보권에 관한 등기 ················································ 483
서 설 ·················································································· 483
사전준비사항 ········································································ 485
등기신청서 작성하기 ····························································· 488
부 록(매매)소유권이전등기 신청사례 ················································· 497
기타 참고양식 ······································································· 514
○ 검인받은 공유물분할계약서 ····················································· 514
○ 주무관청의 허가증명정보 ························································ 515
○ 처분위임장 ············································································ 516
○ 외국인이 국내에서 인감신고를 한 경우 ····································· 518
○ 외국인이 본국 관공서에서 인감증명을 발급받은 경우 ·················· 519
○ 일본 인감증명서 아포스티유 발급 ··········································· 520
○ 외국인 부동산등기용 등록번호 증명서 ····································· 521
○ 법인이 아닌 사단·재단의 부동산등기용 등록번호 증명서 ·············· 522
○ 국내거소신고 사실증명 ··························································· 523
○ 외국인등록 사실증명 ······························································ 524
○ 주소공증서면 ········································································ 525
○ 재외국민등록부등본 ······························································· 526
○ 매각허가결정문 ······································································ 527
○ 계쟁법원장 ············································································ 528
○ 농지취득자격증명 ·································································· 529
○ 2020. 6. 17. 서울시장 토지거래허가구역 지정 ·························· 530
○ 동산담보 등기부 ···································································· 533