신탁법 개정에 따른 「부동산등기법」개정안의 검토

신탁법 개정에 따른 부동산등기법 개정안을 검토한다.

Following the passage of the new Trust Act bill, numerous acts are in need of revision to reflect the change. The Real Estate Registration Act is one of these acts and the government proposed a new bill last March. This bill provides new clauses about the trust by declaration, consecutive beneficiary trust, will substitute trust, trust with beneficiary certificate, and security trust, all of which were newly created by the new Trust Act. The bill changes the trust registration process as well. Current Law requires two applicnats for the trust registration. However, according to the bill, the trustee shall be the only applicant in all the trust registration application.

The registration officer shall be required to draw up the register, whereas the applicant need to draw up the document under the law in force. The application form will be changed as well. The Author explains these new clauses one by one, commenting on some minor defects which will be corrected in the Legislature. He also urges more discussions on the bill among the academics and lawyers in both the trust law field and the registration law field.