심우 2023 법원시험 대비 기출문제 주관식 법무사시험 기출문제해설집

<div>   </div> 2023 법원시험 대비 기출문제 주관식 법무사시험 기출문제해설집

법조고시연구회  |  도서출판 심우  |  650 P  |  2023.3.9. 9788957542293

 

정가 : 46,000 원 판매가 41,400 원 (10% 할인)

 

 

 

 

1. 법무사 주관식 기출문제해설집의 문제는 법무사 시험(2000년부터 2022년까지)에서

출제된 문제들로 구성되었습니다.

2. 기출문제는 객관식뿐만 아니라 주관식에서도 중요합니다. 그 시험의 난이도, 출제경

향, 출제범위 등을 파악할 수 있게 하며 학습방향의 중요한 지침이 되고 있습니다.

3. 본서는 기출문제를 정리하였지만, 기출문제는 주기를 두어 다시 반복출제될 가능성

도 있고 또한 법원사무관 승진시험과 법원행시에서 출제되었으나 법무사 시험에서

미출제된 문제는 예상문제로서의 기능도 하고 있다고 봅니다.

4. 또한 시험을 준비하면서 어떠한 문제가 출제되고 답안작성은 어떻게 해야 하는지 안

내를 해 주고자 본서를 기획하게 된 것입니다.

5. 답안 중 오류가 있거나 부족한 부분이 있어 이메일로 지적해 주시면 다시 모범답안

을 작성하여 홈페이지에 게시하겠습니다.

6. YouTube심우에 업로드된 2019년판 동영상 강의를 무료로 보실 수 있습니다.

제목 차례

1. 민법

2002 기출문제

1. 사례-상속분(2002 법무사 문1) ········································ 3

2. 사례-일상가사대리권과 표현대리(2002 법무사 문2)[50점] ················· 6

2003 기출문제

1. 사례-임대차(2003 법무사 문1)[50점] ··································· 9

2. 등기청구권의 의의, 발생원인과 성질에 관하여 설명하고,「실체적 권리관계에 부합

한다」는 의미에 관하여 언급하시오(2003 법무사 문2) ··················· 13

2004 기출문제

1. 사례-근저당권(2004 법무사 문1)[50점] ································ 16

2. 상계의 의의, 요건, 효과에 관하여 설명하시오.(2004 법무사 문2)[50점] ····· 21

3. 관습법상 법정지상권(1992 법무사)(2004 법행) ·························· 24

2005 기출문제

1. 소멸시효의 중단에 관하여 설명하시오.(2005 법무사 문1)[50점] ············ 27

2. 이행지체에 의한 계약해제권의 발생요건과 해제의 효과(1983 법행) 채무자의 이행

지체에 의한 계약의 해제에 있어서 그 해제권이 발생하기 위한 요건에 대하여 설명

하시오.(2005 법무사 문2)[50점] ····································· 33

2006 기출문제

1. 사례-계약해제(2006 법무사 문1)[50점] ································ 38

2. 사례-상속과 연대채무(2006 법무사 문2)[50점] ························· 42

3. 채권자대위권(1995전 사무관)(1994,2001 법무사)(1985,2006 법행) ········· 47

2007 기출문제

1. 사례-변제공탁(2007 법무사 문1)[50점] ································ 51

2. 사례-채권양도(2007 법무사 문2)[50점] ································ 54

2008 기출문제

1. 사례-채권자취소권(2008 법무사 문1)[50점] ···························· 58

2. 사례-임대차(2008 법무사 문2)[50점] ································· 63

2009 기출문제

1. 사례-계약해제(2009 법무사 문1)[50점] ································ 67

2. 사례-계약당사자의 확정과 계약명의신탁(2009 법무사 문2)[50점] ·········· 73

2010 기출문제

1. 사례-임대차(2010 법무사 문1)[50점] ·································· 77

2. 사례-계약해제(2010 법무사 문2)[50점] ································ 80

2011 기출문제

1. 사례-부진정연대채무(2011 법무사 문1)[50점] ··························· 83

2012 기출문제

1. 사례-소멸시효, 채권양도, 변제충당(2012 법무사 문1)[50점] ··············· 87

2. 사례-점유취득시효(2012 법무사 2문)[50점] ···························· 94

2013 기출문제

1. 사례-유치권과 압류등기의 우선순위(2013 법무사 문1)[50점] ·············· 98

2. 주택임대차보호법상의 우선변제권(2013 법무사 문2)[50점] ··············· 103

2014 기출문제

1. 사례-도급(2014 법무사 문1)[50점] ··································· 107

2. 사례-물권적 청구권(2014 법무사 문2)[50점] ··························· 112

2015 기출문제

1. 사례(2015 법무사 문1)[50점] ········································ 116

2. 사례-명의신탁약정, 사해행위 등(2015 법무사 문2)[50점] ················ 121

2016 기출문제

1. 사례-임대차(2016 법무사 문1)[50점] ································· 126

2. 사례-채권자대위, 채권자취소(2016 법무사 문2)[50점] ··················· 132

2017 기출문제

1. 사례(법무사 문1)[50점] ············································· 139

2. 사례(법무사 문2)[50점] ············································ 143

2018 기출문제

1. 사례(법무사 문1)[50점] ············································· 147

2. 사례(법무사 문2)[50점] ············································ 150

2019 기출문제

1. 사례(2019 법무사 문1)[50점] ········································ 154

2. 사례(2019 법무사 문2)[50점] ······································· 159

2020 기출문제

1. 사례(2020 법무사 문1)[50점] ······································· 164

2. 사례(2020 법무사 문2)[50점] ······································· 176

2021 기출문제

1. 사례(2021 법무사 문1)[50점] ········································ 181

2. 사례(2021 법무사 문2)[50점] ······································· 185

2022 기출문제

1. 사례(2022 법무사 문1)[50점] ········································ 189

2. 사례(2022 법무사 문2)[50점] ······································· 193

2. 형법

1994 기출문제

1. 위증과 무고에서 허위의 비교(1994 법무사)(2005하 사무관) ·············· 201

1996 기출문제

1. 사례-준강도(1996 법무사) ·········································· 204

2000 기출문제

1. 준사례(2000 법무사) ·············································· 207

2001 기출문제

1. 준사례-뇌물죄(2001 법무사) ········································ 212

2002 기출문제

1. 사례(2002 법무사) ················································ 215

2003 기출문제

1. 사례(2003 법무사) ················································ 220

2004 기출문제

1. 사례(2004 법무사) ················································ 224

2005 기출문제

1. 사례(2005 법무사) ················································ 228

2006 기출문제

1. 사례(2006 법무사) ················································ 235

2007 기출문제

1. 甲이 유산을 빨리 상속받기 위해 친구인 乙과 공모하여 甲의 양부를 살해한 경우에

있어서 甲과 乙의 형법상 죄책에 관하여 논하시오.(2007 법무사 문1)(30점) · 239

2. 동산을 이중으로 양도담보로 제공한 자의 형법상 죄책에 관하여 논하시오.(2007 법

무사 문2)(20점) ·················································· 241

2008 기출문제

1. 사례-명의신탁·이중매매(2008 법무사) ······························· 243

2009 기출문제

1. 사례-사무처리 위탁(2009 법무사) ··································· 246

2010 기출문제

1. 사례-신용카드(2010 법무사) ········································ 250

2011 기출문제

1. 사례-위장자수(2011 법무사 문1) ····································· 254

2012 기출문제

1. 사례-준강도(2012년 법무사 1문)[30점] ······························· 258

2. 사례-명예훼손(2012 법무사 2문)[20점] ······························· 261

2013 기출문제

1. 사례-강제집행면탈죄(2013 법무사 문1-1)[15점] ························ 263

2. 사례-절도죄의 점유(2013 법무사 문1-2)[10점] ························ 266

3. 사례-부작위범(2013 법무사 문1-3)[25점] ····························· 268

2014 기출문제

1. 사례-준강도(2014 법무사)[50점] ····································· 271

2015 기출문제

1. 사례(2015 법무사 문1)[50점] ········································ 275

2016 기출문제

1. 사례-명의신탁에서 수탁자의 임의처분 행위(2016 법무사 문1)[30점] ······· 281

2. 부작위에 의한 살인죄에 관하여 논하시오.(2016 법무사 문2)(20점) ········ 282

2017 기출문제

1. 사례-체포절차의 위법과 공무집행방해죄, 상해죄(2017 법무사 문1)[20점] ··· 284

2. 사례-사기죄(2017 법무사 문2)[20점] ································· 286

3. 예비죄(예컨대, 살인예비죄(형법 제255조, 제250조) 등)에 대한 종범이 성립할 수

있는지에 관하여 논하시오.(2017 법무사 문3)[10점] ····················· 288

2018 기출문제

1. 사례(2018 법무사 문1)[20점] ········································ 289

2. 사례(2018 법무사 문2)[30점] ······································· 291

2019 기출문제

1. 사례(2019 법무사 문1)[20점] ········································ 293

2. 사례(2019 법무사 문2)[15점] ······································· 295

3. 사례(2019 법무사 문3)[15점] ········································ 297

2020 기출문제

1. 사례(2020 법무사 문1-1)[10점] ····································· 298

2. 사례(2020 법무사 문1-2)[20점] ····································· 300

3. 사례(2020 법무사 문2)[20점] ······································· 304

2021 기출문제

1. 사례(2021 법무사 문1)[25점] ········································ 307

2. 사례(2021 법무사 문2)[15점] ········································ 310

3. 사례(2021 법무사 문3)[10점] ········································ 312

2022 기출문제

1. 사례(2022 법무사 문1)[30점] ········································ 313

2. 사례(2022 법무사 문2)[20점] ······································· 317

3. 민사소송법

2002 기출문제

1. 관련재판적에 관하여 설명하시오.(2002 법무사) ························ 321

2003 기출문제

1. 증서의 진정여부를 확인하는 소에 관하여 설명하시오(2003 법무사) ········ 323

2004 기출문제

1. 임의적 당사자의 변경에 대하여 설명하시오.(2004 법무사) ··············· 325

2. 합의관할에 관하여 설명하시오(2004 법무사) ·························· 328

2005 기출문제

1. 소송물의 양도(특정승계)에 관하여 설명하시오.(2005 법무사) ············· 331

2006 기출문제

1. 사례-중복소송(2006 법무사 문1) ···································· 334

2. 부대항소의 요건과 방식 및 접수 후 사무처리에 관하여 설명하시오.(2006 법무

사)[25점](2015 사무관 문2) ········································ 338

2007 기출문제@

1. 사례-당사자적격, 반소의 이익, 기판력의 범위(2007 법무사 문1)(50점) ···· 340

2008 기출문제

1. 사례-채권자대위소송 등(2008 법무사 문1) ···························· 342

2. 청구의 인낙에 관하여 설명하시오.(2008 법무사 문2)(20점) ·············· 350

2009 기출문제

1. 사례-이행의 소에서의 당사자적격, 제소전 사망, 항소의 대상적격, 기판력의 범위

(2009 법무사 문1) ················································ 354

2. 소송고지에 관하여 설명하시오.(2009 법무사 문2)(20점)(2014 법행 문1-2)(30

점)(2001하 사무관) ··············································· 362

2010 기출문제

1. 사례-채권자취소소송 등(2010 법무사 문1) ···························· 364

2. 사례-기판력의 범위(2010 법무사 문2) ································ 368

2011 기출문제

1. 자백간주의 요건 및 그에 해당될 경우의 처리방법에 대하여 설명하시오.(2007 법무

사)[30점](2011 사무관 문1) ········································· 370

2. 사례-사문서의 진정성립, 채권자대위소송(2011 법무사 문1) ··············· 372

3. 판결에 의하여 소송이 종료된 후 동일한 당사자 사이에 前訴의 소송물과 동일한 권

리관계에 기하여 제기된 訴가 적법하다고 인정되는 경우에 관하여 설명하시

오.(2011 법무사 문2)(20점) ········································· 377

2012 기출문제

1. 사례-재판상 자백 등(2012 법무사 문1)(50점) ·························· 379

2. 사례-형성의 소의 이익(2012 법무사 문2) ····························· 384

3. 서증의 신청절차(1986 사무관)(1996 법무사)(2012 법행) ·······&mid