토지신탁계약의 문제점과 입법적 개선방안에 대한 연구

토지신탁계약의 문제점과 계약 당사자 보호를 위한 입법 개선안을 제시했다.

Recently, real estate development projects are expanding along with the current real estate boom. Real estate trust is a trust where the trust property is real estate. In the domestic market, the real estate trust where the trust companies play as developers is called land trust. However, cases where trusters, constructors and even real estate buyer suffer serious loss are quite frequently reported. As a result, while questions about the fairness in contract involved with the land trust are being raised. Nevertheless almost nothing is known about the contract clauses.

In this study, land trust contracts used in real development projects were obtained and examined to reveal the problem of the trust contract. After the check, not a few unfair clauses were found. Based upon the media report and interview with the persons concerned, it could also be inferred that those clauses are causing much of problem such as poor construction, loss by trusters, constructors and real estate buyers while no responsibility is held by trust companies. To improve the fairness of trust contract, three legislative suggestions were made. First, the coverage by the Standardized Contract Regulation Law should be expanded.

Second, monitering by financial supervisory authority and penalty against noncompliance by real estate trust companies should be enforced. Lastly, legal device to monitor and punish unfair behavior by client in the Basic Law of Construction Business should be established.