목차 :

∙ 제1편 계약 총론 ∙

제1장 중개 의뢰와 계약의 체결 _ 13
Ⅰ. 일반적인 계약의 진행과정 ··························································································· 13
1. 매도인(임대인)의 매도(임대)의뢰 ······································13
2. 매수인(임차인)의 매수(임차)의뢰 ········································14
3. 중개업자의 역할 ·····················································14
4. 계약서의 기능 ······················································14

Ⅱ. 특수한 경우의 계약 ···································································································· 14

제2장 계약을 위한 준비 단계 _ 16

Ⅰ. 중개의뢰와 중개를 위한 준비 ······················································································ 16

Ⅱ. 가계약의 이해와 활용 ·································································································· 16

제3장 부동산 계약서 작성단계 _ 18

Ⅰ. 진정한 소유자 확인단계 ······························································································ 19
1. 부동산의 유형과 공부상 서류의 발급 ····································19
2. 계약당사자 적격확인과 첨부서류 ········································21
3. 계약 당사자의 행위능력 등 확인(계약의 무효ㆍ취소사유 확인) ···············26

Ⅱ. 권리분석의 단계 ·········································································································· 27
1. 법률적 권리분석 ·····················································27
2. 물리적 권리분석 ·····················································29
3. 경제적 가치분석 ·····················································30

Ⅲ. 목적물에 대한 현황조사 ······························································································ 30
1. 공시된 목적물의 현황조사 ·············································30
2. 미공시 목적물의 현황조사 ·············································30
3. 매매목적물의 범위 확정 ··············································30
4. 명세서 작성 ························································31

Ⅳ. 점유자 및 임차인 현황 조사 ························································································ 31
1. 점유 사실 확인서 ····················································31
2. 임차인 현황조사서 ···················································31

제4장 계약서 작성과 계약의 내용을 확정하는 단계 ·········································· 32

Ⅰ. 목적물의 특정과 매매대금의 확정 ··············································································· 32
1. 부동산(목적물)의 표시에 관한 사항 ·····································32
2. 계약의 내용에 관한 사항 ··············································34
3. 특약사항 ···························································36
4. 계약의 당사자와 중개업자에 관한 사항 ··································36

제5장 중개대상물 확인ㆍ설명서 작성 방법 ························································· 37

Ⅰ. 중개대상물 확인ㆍ설명의 해설 ···················································································· 41
1. 중개대상물 확인ㆍ설명의 행위자 ········································41
2. 중개대상물 확인ㆍ설명의 대상자 ········································41
3. 중개대상물 확인ㆍ설명의 방법 ········································41
4. 중개대상물 확인ㆍ설명의 범위 ·········································42
5. 중개대상물 확인ㆍ설명서의 작성 및 보관의무 ·····························42
6. 중개업자의 중개대상물의 상태자료 요구권 ·······························42
7. 중개대상물 확인ㆍ설명에 대한 질의 회신 내용 ····························43
8. 중개대상물 확인ㆍ설명을 위한 공적장부의 발급 ···························44

Ⅱ. 주거용 건축물 중개대상물확인ㆍ설명서 작성례 ·························································· 46

제6장 부동산 거래계약 신고 ················································································· 67

Ⅰ. 부동산 거래계약 신고대상 ·························································································· 69
1. 신고대상 ···························································69
2. 신고대상에서 제외되는 경우 ···········································69
3. 세부 사례별 신고대상 적용 기준 ·······································70

Ⅱ. 부동산 거래신고 의무자와 신고기간 ··········································································· 72
1. 거래당사자의 신고 ···················································72
2. 중개업자의 신고 ·····················································72
3. 부동산 거래계약 신고기간 ·············································72

Ⅲ. 부동산 거래 인터넷 신고절차 ······················································································ 73

Ⅳ. 신고의무자별 신고방법 ································································································ 74
1. 거래당사자의 직접신고 ···············································74
2. 중개업자의 신고 ·····················································75
3. 주택거래신고지역 내 신고대상 주택거래의 중개 ···························76

Ⅴ. 거래계약 해제 등 신고와 정정신고 및 변경신고 ························································· 76
1. 거래계약 해제 등 신고 ················································76
2. 정정신청 ···························································77
3. 변경 신고 ··························································77

Ⅵ. 부동산 거래계약 신고서 작성방법 ··············································································· 78
1. 1계약서 1신고서 작성 원칙 ············································78
2. 서로 다른 지분을 갖는 물건을 거래하는 경우 ·····························78
3. 부동산 거래계약 신고서 작성방법 ·······································79

∙ 제2편 부동산 매매 표준계약서 ∙

제1장 공동주택 매매 표준계약서 ·········································································· 85

Ⅰ. 공동주택 매매계약 확인사항 ······················································································· 85

Ⅱ. 매도(임대)인의 고지의무 확인서 ················································································· 86
Ⅲ. 점유사실 확인서 및 임차인 현황조사서 ······································································ 88

Ⅳ. 공동주택 매매 표준계약서 ·························································································· 89

1. 공동주택 매매계약서 표지 ·············································89
2. 권리분석 및 목적물현황조사서 ·········································90
3. 공동주택 매매계약서 ·················································91

제2장 단독주택 매매 표준계약서 ········································································ 118

Ⅰ. 단독주택 매매계약 확인사항 ······················································································ 118

Ⅱ. 매도인의 고지의무 확인서 ·························································································· 119

Ⅲ. 점유사실 확인서 및 임차인 현황조사서 ···································································· 120

Ⅳ. 단독주택 매매계약서 ································································································ 122
1. 단독주택 매매계약서 표지 ············································122
2. 권리분석 및 목적물 현황조사서 ········································123
3. 단독주택 매매 표준계약서 ············································124

제3장 토지 매매 표준계약서 ··············································································· 135

Ⅰ. 토지 매매계약 시 확인사항 ······················································································· 135

Ⅱ. 매도인의 고지의무 확인서 ························································································· 136

Ⅲ. 점유사실 확인서 및 임차인 현황조사서 ····································································· 137

Ⅳ. 토지 매매계약서 ········································································································ 138
1. 토지 매매계약서 표지 ··················································138
2. 권리분석 및 목적물 현황조사서 ·········································139
3. 토지 매매 표준계약서 ···············································140

제4장 건물 매매계약서 ························································································ 151

Ⅰ. 건물 매매계약 확인사항 ····························································································· 151

Ⅱ. 매도인의 고지의무 확인서 ························································································· 152

Ⅲ. 점유사실 확인서 및 임차인 현황조사서 ····································································· 153

Ⅳ. 건물 매매 표준계약서 ································································································ 154

1. 건물 매매계약서 표지 ················································154
2. 권리분석 및 목적물 현황조사서 ········································155
3. 건물 매매 표준계약서 ···············································157

제5장 분양권 매매계약서 ····················································································· 161

Ⅰ. 분양권매매의 의의 ······································································································ 161

Ⅱ. 분양권 매매 절차 ······································································································· 161
1. 매도자와 매수자가 분양권 매매계약을 한다. ·····························161
2. 부동산 거래신고를 하고 신고필증을 교부받는다. ··························162
3. 매도자가 대출을 받은 경우에는 금융기관에서 대출채무를 승계 신청을 한다. ··· 162
4. 분양사무소를 방문하여 명의이전을 한다. ································162

Ⅲ. 분양권 매매 시 유의사항 ··························································································· 163
1. 일반분양 아파트분양권 매매 ··········································163
2. 재건축 또는 재개발조합의 조합원분양권(입주권) 매매 ·····················164
3. 주택조합의 분양권 매매 ··············································165

Ⅳ. 분양권 및 입주권 거래신고 ······················································································· 166
1. 신고대상(법 제27조제1항) ············································166
2. 신고방법 ··························································167
3. 분양권 및 입주권 신고 사례별 신고방법 ································168

Ⅴ. 아파트 분양권 매매계약서 ························································································· 172
1. 아파트 분양권 매매계약 표지 ·········································172
2. 아파트 분양권 매매계약서 ············································173
Ⅴ. 입주권(조합원 분양권) 매매계약서 ············································································ 192

1. 입주권 매매계약 표지 ················································192
2. 조합원 분양권 매매계약서 ············································193

∙ 제3편 부동산 임대차 표준계약서 ∙

제1장 주택 임대차 계약서 해설 ·········································································· 213
Ⅰ. 목적물의 특정(임대할 범위)과 계약내용의 확정 ························································ 215
1. 목적물의 표시 ······················································216
2. 계약내용 ··························································217

Ⅱ. 진정한 소유자 확인과 계약당사자 확인 ····································································· 218
1. 진정한 소유자 확인 ·················································218
2. 계약의 당사자 확인과 첨부서류 ·······························