Real estate trust system is designed to allow a real estate owner - who can hardly manage, dispose or develop due to financial incapacity poor project driving capability - to commit his real estate to a professional and able real estate trust company ...
Real estate trust system is designed to allow a real estate owner - who can hardly manage, dispose or develop due to financial incapacity poor project driving capability - to commit his real estate to a professional and able real estate trust company who will manage and operate the real estate efficiently for more profits on behalf of the truster. However, this system has still to be operate effectively in Korea due to less effective codes, financing difficulties and people''s poor understanding of the system. Thus, this study was aimed at suggesting some reform measures for the real estate trust system, conducive to its active operation.
To this end, the researcher comparatively analyzed preceding studies and relevant literature, model cases, data and statistics. and then, set the scope of the study as follows;
First, the time span for this study was set for the period since introduction of the real estate trust system in Korea to present.
Second, the scope of analysis was focused narrowly on real estate development trust rather than its management or disposal trust, while the problems of the real estate development trust were categorized into legal, socio-environmental and real estate business problems.
This study consists of the following 5 chapters;
The first chapter introduces purpose and background of the study, and then, reviews preceding studies and their suggestions. In particular, the researcher sampled the preceding studies about real estate trust system and promotion of the real estate development trust in view of systems and practices.
The second chapter titled ''Theoretical Review of Trust'' describes the trust system in overall terms, focusing on Trust Code and Trust Business Code. To be more specific, the first section examines concept and nature of trust, systems similar to trust and types of trust, and the second section describes parties concerned with trust acts as well as interested parties in view of their rights and obligations; the former parties are truster and trustee, while the latter parties are beneficiaries, trusted manager and trusted asset manager. Then, the third section explains about cores of trust system, namely beneficiary''s rights, centering around his relinquishment, consignment and pledge of benefit.
The third chapter focuses narrower on real estate trust. To be more specific, the first section discusses concept and background of the real estate trust as well as its functions and characteristics. The second section briefs on real estate management, disposal, security and development trusts and then, examines characteristics, conditions and prospect of each trust act. Especially, the researcher reviewed concept and structure of real estate development trust in view of real estate owner, trustee and interested parties and in terms of its utility, and then, produced a flow chart for real estate development trust in comparison with other development projects. The third section describes conditions of the real estate development trust, focusing on constructions and sales of amenities and officetels, and thereby, addresses the problems and suggests their solutions. The fourth section comparatively analyzes conditions and future of 7 sample real estate trust companies in terms of capital, major shareholders, profit and loss and business performance by each commodity category and then, tabulated the results for SWOT analysis of their future potential growth.
The fourth chapter suggests the reform measures for the real estate development trust. Specifically, the first section puts forwards such policy alternatives as revision of codes, fund raising for real estate trust projects and policy supports for profitability of the projects. Especially, directions for revision of Trust Code, Trust Business Code and Civil Execution Code are suggested in details, while various alternatives including indirect real estate investment are reviewed to finance the real estate development trust projects.
Lastly, the fifth chapter concludes the study, summing up its main discussions.