양자간 명의신탁 부동산의 처분과 사해행위

양자간 명의신탁 부동산 처분과 사해행위의 법리를 검토했다.

This paper examine with the issue of imputation of liability property in bilateral real property registry title trust. The purpose of this paper is to review the Supreme Court precedents and theories and to suggest new legal principles. The result of this study is as follows. First, the identification of liability property of title truster or trustee should be based on the external relation of ownership, not the internal relation of ownership of the trust.

Second, if the trust relationship is identified differently according to the type of title trust, it will encourage the truster to take the type of avoidance of obligee’s right of revocation, as a result, it will lower public confidence in the judiciary and the law.