부동산 담보신탁제도에 대한 연구

부동산 담보신탁의 담보 기능과 제도적 활용을 연구했다.

As a way to futher enforce the function for securing 'bond taken as security' which has been hitherto executed by mortgage, to conform to the change of times and to cope with a diversified trade order, a real estate security trust is a system superseded with a trust system. A security trust is capable of playing an active role in extending the function of specialty, safety and realization of a business relating security as a special trust firm deal with a business of security agency concerning bank loan.

At present bankers are consuming a lot of expense, time and work forces in inspection, appraisal in a bid to carry out a loan business conditioning security' and in procedure of putting a security realestate on the block. A bank business should be concentrated on a peculiar business directly related to finance, and as for an incidental business such as mortgage execution, leaving the matter to other special agencies is considered as a new way to increase efficiency and productivity of business. A security trust which has opened business since Feb.

1,'93 is a very excellent security system, but especially when the following relations of legal rights are scrutinized, it is regarded to show its predetermined security function.

First, there are more than two beneficiaries in a security trust, then the rights between these many beneficiaries should be provided for by a stipulation(such as security trust contract, etc.) In principle, bankers become the prior beneficiaries in the range of their bond taken as security and trusters become the next ranking beneficiaries on the rest amount, then by letting the benefit rights of the prior beneficiaries exerised preceding those of the rest beneficiaries, the former should be guarangeed with a prior status similar to the No.

1 mortgage of a security real right.(This is stipulated in the article 7, clause 1 of security trust contract.) Second, it is necessary to limit the rights of the prior beneficiaries to a rational range directly related to bond taken as security'and a trust firm needs to supervise things about it. The article 7, clause 1 of security trust contract stipulates the range of benefits which the prior beneficiaries have as following.

"As for the assessment of loan principal, interest and delay demages fluctuated(increased or decreased) in the wake of loan contract between the prior beneficiaries and consignors, the trust decrease or treat the problems expected to occur through the procedure being capable of confirming in a meutral stance. Third, the article 19 of security trust contract stipulates that the prior beneficiaries can dispose of trust real estate in spite of the time before trust period end if there is a realization request of them.

But such rights of realization request is tantemount to offering the prior beneficiaries the rights to terminate the trust contract in practice, thus the rights should be offered prudently, There are some concerns of taking place in running the security trust system unless bankers clarity the reason being capable of requesting realization before the expiration of contract period.

Fourth, in light of the real circumstances of the local finance agencies which are not accustomed to the trust method of real estate in finance loan until now, the preservation method in the form of guarantee for the bond beficiency which is capable of occuring at the time of realization should be prepared until the security trust takes root. This may be the retrogressing result against the executing precedure toward a credit society, but when we look over current bank parctice, unless we at first get a good response from bank agencies, there are concerns occuring unexpectedly before the new security trust shows itself and takes root. It't the reason of the former sentence.

目次 = 0 第1章 序論 = 1 I. 硏究의 目的 = 1 II. 硏究의 範圍 및 方法 = 2 第2章 擔保信託의 分析 = 5 I. 擔保信託의 槪念 = 5 II. 信託의 擔保的 機能 = 6 1. 抵當權의 類似本質 = 6 2. 抵當權의 類似效力 = 7 3. 기타 比較□位的 機能 = 10 III. 擔保信託의 設定 = 10 1. 原困된 價權行爲 = 10 2. 擔保信託 設定行爲 = 11 3. 信託財産 = 28 4. 信託期間 = 30 5. 信託公示 = 33 IV. 擔保信託의 效力 = 35 1. 信託一般의 效力 = 36 2. 擔保信託의 特殊한 效力 = 41 V. 擔保信託의 終了 = 54 1. 信託의 終了와 終了사유의 意義 = 54 2. 終了사유 = 55 3. 信託終了의 效果 = 58 第3章 現行의 擔保信託 = 61 I . 導入背景과 必要性 = 61 1. 導入背景 = 61 2. 擔保信託의 必要性 = 62 II. 類似制度 = 64 III. 現行 不動産擔保信託制度 = 66 1. 現行 擔保信託梅造와 節次 = 66 2. 擔保信託契約의 內容 = 72 3. 兩制度의 比較 및 特徵 = 75 第4章 擔保信託制度의 課題와 展望 = 79 I. 序說 = 79 II. 擔保信託制度의 課題 = 80 III. 擔保信託制度의 展望 = 83 第5章 結論 = 85 參考文獻 = 87 英文抄錄 = 90