신탁수익권에 관한 민사집행의 연구

Abstract

Because the beneficiary right in trust is a beneficiary’s valuable asset, it could be executed by civil execution procedure. It is so meaningful, for the civil execution of trust assets is basically prohibited. This essay deals with the issues like hereunder. First, this essay proposes the distinction between the basic beneficiary right and the actualized right. It is important to study the issues. It also explains the meaing of beneficiary claims and the change from it. ‘Beneficiary claim’ has been newly introduced into the Japanese new trust law and will be possibly introduced into the Korean new law in the near future. Second, this essay checks up the possibility of prohibition from being seizured, which is a factor to hinder civil execution. It especially deals with supporting allowance. Third, it reviews the methods of civil execution for the beneficary rights and the effect of its seizure on the settlor’s directing power to the trustee. This essays suggests that the seizure doesn’t have any effect on it. It also insists that the creditor can assign the actualized beneficiary right and that the seizuring creditor cannot terminate the trust contract. Finally, it supposes that the trustee cannot seizure and have the pledge rights of the beneficiary right of his beneficiary, even though some discussion and the precedents of Japan and Korea allow the trustee to have the pledge rights.