한국과 미국의 부동산민사신탁에 관한 연구

Comparative Research of Civil Trust Laws on Real Estate in Korea and U.S.

1. CONTENTS (1) RESEARCH OBJECTIVES The purpose of this study is to compare the real estate Trust laws of U.S. particularly civil trust law of with those of Korea. (2) RESEARCH METHOD This study is conducted by field investigation and confirmation of practical contents after access to relevant webpages, as well as domestic and foreign literature review. (3) RESEARCH FINDINGS Recent years has witnessed an increase in the number of cases in which civil trust from English and American law is used as part of an inheritance measure, old age preparation, and activation of donations. The international environment around trust has also been changing fast with Japan revising its Trust Act by introducing civil trust. Any changes to Trust Act go beyond the act itself and require the revision of many concerned acts in civil law including inheritance, will, real estate registration law, inheritance and gift tax law, income tax law, and corporate tax law. As seen in the development history of trust, the primary object of trust remains to be real estate, which explains why real estate and trust are in an inseparable connection. In that sense, this study reviewed American real estate civil trust and found its implications. 2. RESULTS The results of this study may present an opportunity not only to simply compare civil trust law on real estate but to consider what to improve in civil trust law system, as follows: First, there were many uses of civil trust for real estate in the United States. Second, the current Trust Act does not recognize the majority of civil trust used in the U. S. A. However, the gap between them has been narrowed down a lot thanks to the revision. Third, there is a need to review the introduction of trust combining private and public good like charitable remainder trust. Finally, those changes to Trust Act and System seem to have expanded the legal scope of real estate utilization. Follow-up study is needed to assess and test them.