신탁수익권의 집행에 관한 법적 소고

Trust system was introduced to Korea through the United States and Japan. Trust from 1990, are primarily concerned with real estate. Trust system is, it is actively used for real estate development and management. Trust system is a method in order to protect the beneficiary has no operational capability of the property. And to transfer the property to the trustee, in the operation and management, is a system that provides benefits to beneficiaries. On the Trust Law, in order to beneficiaries of the creditors get the satisfaction of their claims, if you want to enforcement of beneficiary rights that can be beneficiaries get is a problem. Even if you set the personal and beneficiary rights ofsetter, it is not possible to stop the foreclosure and all of the commands. Trust beneficiary rights are the subject of civil enforcement. If the trust of the consignor of the property is set, the consignor of creditors, is a problem enforcement of beneficiary rights. So trust beneficiary rights, which is important to the execution subject property, rather than embodied has been right, because to become a need to consider the special circumstances, the application of the civil Execution act had some problems. Civil trust beneficiary rights enforcement, is the protection of property responsibility of enforcement of the trust property to the prohibition of the enforcement of the trust assets. Trust Act is to prohibit if the enforcement of the trust assets of certain is enacted purpose of trust law. So trust beneficiary rights is a beneficiary of the property, the procedure must be recognized as enforcement target, should be considered based on the beneficiary rights.