토지신탁의 유형에 따른 법적 성격 비교 ― 관리형토지신탁과 차입형토지신탁을 중심으로 ―

관리형·차입형 토지신탁의 법적 성격을 비교한다.

In the face of the development and aging of the real estate industry, the size of the real estate trust industry is growing and the types of goods are also diversified. In the case of products that change and develop, it is necessary to interpret relevant laws and establish systems in accordance with the purpose. In particular, in the case of land trusts, which are recognized as essential tools for real estate finance, the traditional trust companies actually run their business, and manage land. This is an incomplete reality.

Despite the different legal characteristics and methods of handling the product types, the same treatment within the large framework of trust without having detailed legal basis is occurring, which does not reflect the characteristics of the various types of goods.

In particular, in the case of real estate development projects, there is a lack of legal basis for these types of products, even though disputes and complaints are frequent in the individual positions of various stakeholders, and I think that there is a clear element of the “management trust” that allows trustees to be given certain rights, take charge of management, and return the original trust upon future trust termination, unlike money trusts that have the right to use, profit, and disposal.

Therefore, in this regard, a method to establish a clear legal basis for the types of products of real estate trusts such as development trusts (borrowed land trusts), managed land trusts, collateral trusts, management trusts, disposal trusts is seen as a way to reasonably discipline and prevent conflicts among stakeholders in real estate trust practices. Among the types of real estate trust products, this article examines the need for legal grounds for land trust products and examines the differences between the two, which are actively used in the structure of real estate development projects.