Legal Issues and Trends on Trust in the Condominium Buildings

I think that in the future, as the number of large-scale real estate and buildings with complex rights relationships increases in Korea and the digital society and aging society are promoted, trusts will be used more in buildings. Since trusts are a system with common law origins, they have not been widely used in Korea so far, which is part of the civil law system. However, in terms of transfer of ownership, there are problems that cannot be easily solved with our legal system or legal principles, and there is also the problem that cases of fraudulent conveyances through the trust. In addition, it is necessary to note that ‘non-public purpose trust’ can be fully utilized to efficiently manage management costs of buildings such as apartments and prevent disputes.

Authors

Publication Details

Journal
Korean Institute for Aggregate Buildings Law
Published
2024-11-27
DOI
https://doi.org/10.55029/kabl.2024.52.1
Primary Topic
Cultural and Historical Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal Issues and Trends on Trust in the Condominium Buildings

Jae-il Song
Korean Institute for Aggregate Buildings Law
Cultural and Historical Studies
article

Legal Issues and Trends on Trust in the Condominium Buildings

Jae-il Song
article en

Abstract

I think that in the future, as the number of large-scale real estate and buildings with complex rights relationships increases in Korea and the digital society and aging society are promoted, trusts will be used more in buildings. Since trusts are a system with common law origins, they have not been widely used in Korea so far, which is part of the civil law system. However, in terms of transfer of ownership, there are problems that cannot be easily solved with our legal system or legal principles, and there is also the problem that cases of fraudulent conveyances through the trust. In addition, it is necessary to note that ‘non-public purpose trust’ can be fully utilized to efficiently manage management costs of buildings such as apartments and prevent disputes.

Korean Institute for Aggregate Buildings LawVol. 52
Openalex Percentile: Top 68%
Cultural and Historical Studies
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Legal Issues and Trends on Trust in the Condominium Buildings — Jae-il Song · Korean Institute for Aggregate Buildings Law (2024) | TGRS Research Map | TGRS