부동산 담보신탁에서 위탁자인 채무자가 도산하는 경우의 취급

위탁자인 채무자의 도산 시 부동산 담보신탁의 법적 처리를 검토한다.

Recently, a method to utilize the real estate mortgage trust system which complements the existing method of using mortgage rights is widely used in financial practice. This is because there is a bankruptcy quarantine effect that can be treated independently of the trust property without being bound by the bankruptcy procedure or the regeneration procedure of the trustee or the trustee in the real estate mortgage trust. On the other hand, real estate Collateral trust for a truster’s profit can be regarded as a lien for the creditor of the trustee, who has been granted security rights for the beneficial interests held by the trustee who is the reviving debtor.

In addition, If the bankruptcy proceeding is initiated by the entrustor, the creditor of the entrustor will have the right of beneficial ownership in the case of the other-type collateral trust, and he will not be the lien prescribed in the law on the debtors’ regeneration and bankruptcy. Also, the creditor of the trustee in the other-type collateral trust is virtually the same as the collateral in the case of the mortgage, it is interpreted as applying the existing liquidation not only to the regeneration procedure but also to the bankruptcy procedure.

And The creditor of the entrustor will have the beneficial ownership in the case of the trust-type real estate mortgage trust, and he can not have the status of the alienator because he does not correspond to the lien prescribed in the Debtor Renewal Law, In a trust-type real estate mortgage trust, a creditor of a trustee has a status as a separate person in bankruptcy proceedings.