부동산 신탁에 있어서의 소유자

부동산 신탁에서 신탁재산의 소유권 귀속을 검토했다.

Trust means that a truster transfers a specific property to a trustee according to the trust agreement so that a trustee will manage. develop, operate, mortgage and/or dispose the trusted property for the benefit of a beneficiary, or for the purpose agreed upon the trust agreement. The ownership of the trusted property shall be transferred from the truster to the trustee upon the trust agreement, but the trustee shall perform trusted property with due fiduciary care.

The courts have decided that the full ownership of the trusted property is held by the trustee, but there also are some judicial precedents and administrative interpretations that the truster still holds the ownership of the trusted property irrespective of the trust. However, such interpretation that the truster holds the ownership is not supported by the sufficient legal basis. The interpretation shall be kept as the trustee to be the only one to enjoy the full ownership of the trusted property legally.

Any potential matter in the trust shall be handled within the scope of the regulations and practises of the trust system and be also resolved on maintaining the assumption that the owner of the trusted property is the trustee.