부동산실명법상 계약명의신탁에 관한 수탁자의 책임 (Act on Registration of Real Estate under Actual Titleholder’s Name, Fiduciary Trust Responsibility of the Person on the Contract)

서지정보

· 발행기관 : 한국감정평가학회
· 수록지 정보 : 감정평가학논집 / 10권 / 2호 / 161 ~ 176페이지
· 저자명 : 장건

초록

The purpose of this Act is to contribute to the sound development of the national economy through the prevention of antisocial actions, such as speculation, evasion of taxes and acts circumventing laws,etc. which abuse the real estate registration system, the normalization of real estate transactions, and the stabilization of real estate prices by having any ownership and other real rights to the real estate registered under the names of those having the actual rights so as to conform to the sub-stantial relation of rights.
The term title trust agreement means a stipulation made between a person who holds, or has actually acquired or is to acquire, the ownership or other real rights to any real estate and another person, to the effect that the person having the actual right holds or is to hold the real right to the real estate internally and another person registers the ownership under his name: Provided, That each of the following items are excluded:Any title trust agreement shall be null and void. Any change in the real rights to any real estate by a registration made under the title trust agreement shall be null and void: Provided, That this shall not apply in cases where the title trustee is one of the parties to the contract to acquire the real right to real estate,and the other party thereto does not know the fact that there exists the title trust agreement.

영어초록

The purpose of this Act is to contribute to the sound development of the national economy through the prevention of antisocial actions, such as speculation, evasion of taxes and acts circumventing laws,etc. which abuse the real estate registration system, the normalization of real estate transactions, and the stabilization of real estate prices by having any ownership and other real rights to the real estate registered under the names of those having the actual rights so as to conform to the sub-stantial relation of rights.
The term title trust agreement means a stipulation made between a person who holds, or has actually acquired or is to acquire, the ownership or other real rights to any real estate and another person, to the effect that the person having the actual right holds or is to hold the real right to the real estate internally and another person registers the ownership under his name: Provided, That each of the following items are excluded:Any title trust agreement shall be null and void. Any change in the real rights to any real estate by a registration made under the title trust agreement shall be null and void: Provided, That this shall not apply in cases where the title trustee is one of the parties to the contract to acquire the real right to real estate,and the other party thereto does not know the fact that there exists the title trust agreement.

참고자료

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