채권금융기관에 의한 담보신탁의 활용

When the financial consumers take out a loan with a real estate as collateral, the most common form is the creation of mortgage. However, if they use the collateral trust, it has similar effect with the creation of mortgage, and it is more favorable in the debt collection and the disposal of a secured property. The collateral trust can be designed into five types. ① It separates an owner of a secured property and a secured creditor formally by getting the trustee, a third party involved through the creation of trust. ② A loaner can take out a loan with the beneficiary certificate given by a trustee as collateral from a hypothec bank. ③ The hypothec banker which gets the authorization of the trust service can be a creditor and at the same time a trustee by becoming a trustee for itself. Then, the hypothec bank can be a preferential beneficiary through the stratification of the beneficial interest. ④ The hypothec bank can give a loan to the beneficiary with the beneficiary certificate issued by the bank as pawn. ⑤ The revised Trust Act 2012 introduces 'Security Interest Trust' created by creation of security interest. 'Security Interest Trust' separates the secured party and secured creditor, and is able to create various legal relationships due to the convertible function of trust. If these various collateral trusts are connected with the beneficiary certificate issurance trust, the hypothec bank can raise the large-scale funds easily and promote the liquidity of the beneficial interest. Therefore, the hypothec bank had better recognize the collateral trust as a financial business and try to develop the financial commodity which can coordinate with the beneficiary certificate issuance trust. In the financial market, the mortgage and the collateral trust is not in the competitive landscape, but one of a variety of financial commodities which financial consumers can choose.