土地信託法理에 관한 硏究 : 土地有效利用을 中心으로 = (A) Study of Land Trust Law

다국어 초록 (Multilingual Abstract)

It is a general rule that a property owner should control his own property for himself in a capitalistic society.
But in fact, there exists the case that a proprietor cannot control his own property for himself for certain reasons. In this case, he can entrust the management about the property to an another, This system is called 'trust'and 'land trust' is a kind of these trusts. So the lehalistic lohic of the land trust is the same to the one of the heneral truse. That is, a landed proprietor transfers his property ownership to a consignee and allows him to use the land more effectively through managing, disposing and developing the land on the ground of a trust contract with a consignee.
The expected effect of land trust is infinite when it is asociated with the current land problems, But the land trust system has not been activated in this country, so the introduction of this system out are examined in this thesis.
In chapter 2, the origination and development of land system and trust system, a foundation of land trust system are discussed. The land is a source which is adhered most closely to a man through the human history and has special natures discriminated with other goods in nature, in function and in price formation. Therefore its system or law needs to be considered. Further-more, through the examination of intrinsic natures and change procedures of landed property right, the using part to the land is emphasized than the posessed part. And the elementary trust theory is applied to the land trust.
The legal relation between the act of trust and the land trust is also examind. The act about land has been developed according to the degree of public benefit and prirate benefit in this country.
Therefore the regulating act on land trust has to be examined first, and legal problems related with that should be proposed nextly. As the legalistic logic structure ture of land trust is composed of trust contract, it is examined in detail and the problems of registration and tax related with the land rrust are examinded too.
In chapter 3, the foreign land trust systems are studied. An approach to our trust system is performed by studying the British land trust which was created and developed most early. And nextly the American land trust system and real estate investment trust are analized, which is used most actively in British. American legalistic world. Additionally, the German current situation is examinde, whose private law sysrem we succeed to, and Japanese one is considered, whose system is developded most and whose land price provlem and the conception about land are similar to ours.
In chapter 4, the strategies for the best use of land trust system are discussed.
First, the trends, vision and effect of our current real estate trust are analized. second, it is compared with the other ways of best use. Lastly, the land trust are studied in those contexts that in should be transformated into scock so as to bring about the change of real estate financial environment, it can be applied to the complex modern urban redevelopment and it can be used as a way of resource development by the gevernment or local authorities.
In chapter 5, the proposat of best strategies is tried on the basis of the studying above cited.

목차 (Table of Contents)

• 목차 = Ⅰ
• 第1章 序論 = 1
• 第1節 問題의 提起 = 1
• 第2節 土地理論 = 6
• 第2章 土地信託의 基本法理 = 13
• 第1節 土地信託의 基礎理論 = 13
• Ⅰ. 序說 = 13
• Ⅱ. 信託의 法的 構造 = 18
• Ⅲ. 土地信託의 基本構造 = 37
• 第2節 土地信託의 法律關係 = 52
• Ⅰ. 土地信託契約 = 52
• Ⅱ. 土地信託에 따른 登記關係 = 72
• Ⅲ. 土地信託의 稅務關係 = 83
• 第3章 外國 土地信託制度에 관한 比較法的 考察 = 97
• 第1節 英國 = 97
• Ⅰ. 信託의 發生과 發達 = 97
• Ⅱ. Use에서 TRUST로 = 105
• Ⅱ. 近代的 信託의 影響 = 108
• 第2節 美國 = 110
• Ⅰ. 土地信託 = 110
• Ⅱ. REIT (Real Estate Investment Trust) = 112
• Ⅲ. MLP = 126
• 第3節 獨逸 = 128
• Ⅰ. 序設 = 128
• Ⅱ. Offener Immobilienfonds = 131
• Ⅲ. 뮌헨(Mu¨nchen)型 都市再開發 = 134
• 第4節 日本 = 137
• Ⅰ. 信託의 槪觀 = 137
• Ⅱ. 日本의 信託法 = 140
• Ⅲ. 土地信託의 沿革과 現況 = 142
• 第4章 土地의 有效利用을 위한 土地信託 = 146
• 第1節 우리나라의 不動産信託 現況 = 146
• Ⅰ. 序說 = 146
• Ⅱ. 不動産信託의 現況과 土地信託 = 147
• 第2節 土地信託制度의 檢討와 다른 土地利用方式과 比較 = 151
• Ⅰ. 土地信託制度의 檢討 = 151
• Ⅱ. 다른 土地利用方式과 比較 = 153
• 第3節 土地의 有效利用化를 위한 土地信託方案 = 163
• Ⅰ. 序 = 163
• Ⅱ. 不動産의 證券化 = 165
• Ⅲ. 都市再開發 = 181
• Ⅳ. 國公有地에의 活用 = 189
• 第5章 結論 = 197
• Ⅰ. 解析論의 檢討 = 197
• Ⅱ. 立法論 = 197
• 參考文獻 = 201
• ABSTRACT = 206