不動産 名義信託의 法律的關係

부동산 명의신탁의 법률관계와 실질 소유권 문제를 고찰했다.

This article is a study on the "Myong-Eui trust" which may be translated into English as "Nominal trust" or "Name trust" of real property. It is quite common to find the case that an owner who has purchased the realty has it registered in other's name. In this case, while a settlor has a trustee nominally registered in the public register, he maintains real ownership and receives benefits under his care. It is called such a case as "Myong-Eui trust". Being differnet from the trust system of the British laws, Myong-Eui trust has been authorized as a valid juristic act by the Supreme Court decisions in Korea.

However, it has brought about complicated legal disputes between settlor and trustee, settlor and the third party, trustee and the third party. Such a juristic act may be executed for the convenience of the registration law, but it is apt to be misused as a means to an evasion of the law by dispersing and concealing the property. The purpose of this study is to establish the legal principles of the Myong-Eui trust through the review of theoretical background of trust and of nominal trust, and to search for its legal problems through the judicial precedents of the Supreme Court.

It also raises an objection to the validity of Myong-Eui trust, and requests the reconsideration on the judicial decisions in the future.