土地信託法理에 관한 硏究 : 土地有效利用을 中心으로

토지의 효율적 이용을 위한 토지신탁의 법리를 연구했다.

It is a general rule that a property owner should control his own property for himself in a capitalistic society. But in fact, there exists the case that a proprietor cannot control his own property for himself for certain reasons. In this case, he can entrust the management about the property to an another, This system is called 'trust'and 'land trust' is a kind of these trusts. So the lehalistic lohic of the land trust is the same to the one of the heneral truse. That is, a landed proprietor transfers his property ownership to a consignee and allows him to use the land more effectively through managing, disposing and developing the land on the ground of a trust contract with a consignee.

The expected effect of land trust is infinite when it is asociated with the current land problems, But the land trust system has not been activated in this country, so the introduction of this system out are examined in this thesis. In chapter 2, the origination and development of land system and trust system, a foundation of land trust system are discussed. The land is a source which is adhered most closely to a man through the human history and has special natures discriminated with other goods in nature, in function and in price formation. Therefore its system or law needs to be considered.

Further-more, through the examination of intrinsic natures and change procedures of landed property right, the using part to the land is emphasized than the posessed part. And the elementary trust theory is applied to the land trust. The legal relation between the act of trust and the land trust is also examind. The act about land has been developed according to the degree of public benefit and prirate benefit in this country. Therefore the regulating act on land trust has to be examined first, and legal problems related with that should be proposed nextly.

As the legalistic logic structure ture of land trust is composed of trust contract, it is examined in detail and the problems of registration and tax related with the land rrust are examinded too. In chapter 3, the foreign land trust systems are studied. An approach to our trust system is performed by studying the British land trust which was created and developed most early. And nextly the American land trust system and real estate investment trust are analized, which is used most actively in British. American legalistic world.

Additionally, the German current situation is examinde, whose private law sysrem we succeed to, and Japanese one is considered, whose system is developded most and whose land price provlem and the conception about land are similar to ours. In chapter 4, the strategies for the best use of land trust system are discussed. First, the trends, vision and effect of our current real estate trust are analized. second, it is compared with the other ways of best use.

Lastly, the land trust are studied in those contexts that in should be transformated into scock so as to bring about the change of real estate financial environment, it can be applied to the complex modern urban redevelopment and it can be used as a way of resource development by the gevernment or local authorities. In chapter 5, the proposat of best strategies is tried on the basis of the studying above cited.