신탁부동산의 임대차 관계에서 임차인의 권리보호에 관한 연구- 임대차보증금 반환의무를 중심으로 -

Twenty-seven years after the introduction of the Real Estate Trust System in Korea, trust plays an important role in the real estate industry. The preferable function of trust plays a significant role not only in real estate development, construction and finance but also in the consumers who sell and rent it. However, the tenants who rent and use trust properties have incomplete protection. A tenant after registering a trust is placed in a very precarious position if the owner goes bankrupt. Therefore legal and institutional safeguards are needed to compensate for that. As a measure, the first is a registration of lease rights for the tenant of the trust property. Second, the trustee retains the lease deposit and returns it to the tenant after lease contract period ends. Third, if the lessor fails to implement the deposit return, the tenant can claim it from the trustee. Fourth, the truster(beneficiary) set up the right of pledge on the beneficiary’s right for the tenant. The intent of this study is to propose realistic and viable measures to protect the rights of the trust property tenants without making or fixing the law.