不動産信託制度의 改善에 關한 硏究 : 最近 信託會社의 淸算과 關聯하여

다국어 초록 (Multilingual Abstract)

The real estate trust system is a kind of the property management system that people can trust their property to a professional institute which is able to do management and disposition of the property. The real estate trust system is quite different from each country depending on the real estate policy, its real estate habitual practice, and its perspectives of real estate.
We also have to know that real estate also has particular aspects such as fixed location and limitedness. Private advantages and public advantages are also something we need to consider in the real estate trust system because those are the characters of real estate. Especially, real estate has brought a huge effect to economy in Korea and we have a lack of construction site and speculation problems. Thats why we need to have an appropriate real estate system in Korea.
The real estate trust system was introduced in 1991 and some real estate trust companies have had a hard time because of IMF crisis. Not only financial crisis but also structural problems such as no safety device for risk and a lock of raising source are the main reasons for having difficulties.
Recently, there has been a good mood in some parts of the trust business, but if there is no solution for the basic structural problems, we are going to have the same difficulty. Consequently, the purpose of this study is to suggest how the trust business can be divided in the development field and how the range of the trust business can be reduced.
In this study, it has been investigated how the land trust business, which is the most part of the real estate trust system, can be converted to public sectors such as allotment. If the trust company still wants to have the land trust business, the risk from the trust business has to be divided into the trust company, truster and trustee. It also has to be allowed that the corporation of the trust business can have the share of the business in order to have wholesomeness and responsibility.
If some trust business cannot achieve the certain rate of return, there has to be a readjustment of the business to minimize the loss. In this case, they have to have an agreement privately and the introduction of the Trust Business Arbitration Committee is also another solution for agreement.
In order to establish those systems, the Trust Business Act should distinguish between cash in trust and real estate trust, and there has to be regulations for real estate trust.
The real estate trust system should be active to achieve the efficient use of real estate and to eliminate the negative aspects of the real estate such as speculation.
I hope there will be a lot of studies related to the finance, marketing and function of the real estate trust system.

목차 (Table of Contents)

• 목차
• 第1章 序論 = 1
• 第1節 硏究의 目的 = 1
• 第2節 硏究의 範圍 및 方法 = 3
• 第2章 不動産信託制度에 관한 考察 = 5
• 第1節 信託制度에 관한 法理的 考察 = 5
• 第2節 信託의 槪念 및 類型 = 8
• 第3節 信託法令의 沿革 및 內容 = 11
• 第4節 外國의 不動産信託制度 = 13
• 第3章 우리나라 不動産信託業의 現況 = 19
• 第1節 不動産信託의 導入背景 및 現況 = 19
• 第2節 不動産信託의 業務範圍 = 24
• 第3節 信託의 報酬 = 31
• 第4章 不動産信託會社 淸算 原因 및 問題點 = 33
• 第1節 信託事業 環境의 惡化 = 33
• 1. 金融費用 增加와 調達의 어려움 = 33
• 2. 景氣變動에 따른 事業性 惡化 = 35
• 3. 資金 調達 및 回收의 不一致 = 36
• 第2節 構造的인 問題 = 38
• 1. 借入方式의 資金調達體系 = 38
• 2. 土地信託 中心의 營業 = 44
• 3. 不均衡的인 收益-損失 構造 = 46
• 4. 損失擴大 遮斷裝置의 缺如 = 47
• 5. 危險分散機能의 脆弱 = 50
• 6. 廣範圍한 業務領域 = 52
• 第5章 向後課題 및 代案 = 54
• 第1節 基本方向 = 54
• 第2節 不動産信託의 業務 範圍 = 55
• 1. 土地信託 業務範圍의 調整 = 55
• 2. 業役의 轉換 = 56
• 第3節. 安定的인 資金 調達 方案 = 58
• 1. 投資方式에 의한 資金調達로 轉換 = 58
• 2. Project-Financing에 의한 資金 調達 = 67
• 第4節. 不實轉移構造의 遮斷 및 損失擴大 防止 = 69
• 1. 不實轉移構造 遮斷 = 69
• 2. 不實事業의 損失 擴大 防止 = 70
• 第5節 管理運用 등의 改善 = 72
• 1. 信託會社의 直接 投資 = 72
• 2. 信託會社의 土地 買入 = 73
• 3. 分讓者 등 利害關係人 保護 = 74
• 4. 詐害信託 = 75
• 第6章 結論 = 76
• 參考文獻 = 78
• Abstract = 80