주택재건축사업에서 신탁등기의 문제점

Abstract

Under the Urban and Housing Environment Improvement Act, housing redevelopment and housing reconstruction projects are subject to its regulations. There is no regulation on trust registration here. However, in most cases, arbitrary trusts are carried out according to the owner's choice, such as land, in the implementation of housing reconstruction projects. Trust registration is a problem in this house reconstruction project. In other words, in practice, there are cases where registration of trust is considered necessary while the project of housing reconstruction is not necessary. Therefore, this paper holds the logic that a registration of trust is necessary to carry out a housing reconstruction project. That is why it is to ensure the smooth progress of housing reconstruction projects and to protect the trust property of union members. The provisions for such a trust are the subject of this debate because the Urban and Housing Environment Improvement Act does not have the express provisions, even though they are specified in Article 22 of the Trust Act. Therefore, it is deemed necessary for the smooth progress of the project or for the protection of the property rights to be implemented with the assets of the union members registered as trust. And this view is to be discussed only in case of reconstruction. And trust registration in the housing reconstruction project is to make public disclosure for the sake of opposition to a third party. In this disclosure function, two Supreme Court rulings on the validity of trust registration and the strength of trust books (sentence 2012, 1113.11.28, 130484) are to be made based on sentence 2012.