信託財産에 대한 民事執行의 硏究

The Korean Trust Act §21 ⓛ rules that no compulsory execution or public auction may be made to any trust property. But the second sentence of §21 ⓛ rules that this shall not apply in case where it is based on any right arising from a cause already existing prior to the creation of trust, or in the course of management of the trust affairs. Those exceptions are very important, but the meaning of them is ambiguous. The target of this essay is to make clear the meaning of the exceptions. It touches those issues like hereunder. First, it tries to answer some questions coming from between trust property and the trustee's own property. Second, it introduces the content of the old and new Japanese Trust Law on the issue. It suggests that the ruling of the issue in Japan have not much changed. Third, it researchs the scope of the civil execution to trust property which is allowed by the KTA. It says that the provisional attachment and disposition are not allowed, even though the KTA doesn't say it clearly. It also says that any auction under the lien, etc by the Civil Execution Act §274 should be allowed. Forth, it covered the rights arising from a cause already existing prior to the creation of trust. Generally speaking, those are the rights of which the creditor is mortgage-backed or has made the provisional attachement(or something like that) on the property. I make a hypothesis suggesting that 「close relevance」be needed when the creditor of those rights tries to execute trust property. With it, this essays checks up some cases. I define 「the rights arising from a cause already existing prior to the creation of trust」as 「the rights of which the creditors could execute trust property with the settlors as a debtor, having close relevance with trust property, arising from a cause by trust creating act and prior to the conveyance to the trustee」 Fifth, this essay touches the rights arising in the course of management of the trust affairs. It explains with the example of the rights arising from the trustee's tort. Sixth, it carrys out research on the issue of the lawsuit of demurrer by third party, given with the excution on trust property.