Entering: The owner of the house in front of you and the owner of the register are different!

I was introduced to a rented apartment in a clean building, with no mortgage (registered), and below market value. Wanting to sign a lease right away, I obtained the real estate registration certificate, but instead of the smiling person in front of me, the owner was listed as "OOO Real Estate Trust."

A real estate agent and someone claiming to be the landlord say, "Oh, that's just been temporarily placed in trust for a collateral loan. I'm the actual owner, so you can sign the contract with me." Is this really true? A significant number of recent jeonse scams and deposit non-return incidents stem from ignorance about these trust properties.

Because trust property involves a legal transfer of ownership, it requires a completely different approach than a typical lease agreement. We'll examine the safeguards essential to protect the tenant's deposit, which could potentially represent all of their assets.

Trust property, who exactly does it belong to?

The first thing to understand is the characters. There are three main characters (parties) involved in real estate registered under a trust.

The first is the trustee (original landlord/developer). This person builds or purchases a building but entrusts ownership for a loan or management purpose. This is the person we commonly know as the landlord. The second is the trustee (trust company), which is the formal and legal owner and the company listed as the owner in the copy of the register of real estate. The last is the preferred beneficiary (financial institution), which lends money to the consignor and has the first right to receive the profits generated from the property.

The point is simple. The moment a "trust" is written in the real estate register, the legal owner of the property is not the original owner (the trustor), but the trust company (the trustee). Therefore, entering into a contract with the original owner without the trust company's permission is, strictly speaking, no different from entering into a contract with an unauthorized person. This can lead to a fatal loss of your security deposit.

The copy of the register is only half… The really important information is in the trust register.

In typical real estate transactions, a clean real estate registry certificate is enough to provide peace of mind. However, trust properties are different. The registry simply states "trusted" and the "trust register number," but omits the truly crucial information. In this case, the trust register is essential. Previously, it could only be issued in person, but now it can also be obtained online. 

Here are three things you must check in the trust ledger:

First, lease agreement authority: Ensure that the lease agreement includes a clause stating that it must be concluded in the name of the consignor (original owner) with the prior approval of the consignee (trustee). A contract concluded without the trustee's consent may be void.

Second, money management (deposit account): You need to determine where the security deposit and monthly rent should be deposited. Most trust agreements stipulate deposits in an account under the trustee's name to prevent embezzlement.

Third, the consent of the preferred beneficiary: It's important to check whether the lending bank's consent is required. Most trust real estate lease agreements require the consent of the preferred beneficiary, and a lease without such consent is not enforceable against the lessee.

Where should I send my deposit?

If you simply listen to the landlord (entrustor) and wire the lease deposit for a trust property to his account, it's almost certainly a 100% scam. The trust ledger usually contains a clause stating, "The purchase price and lease deposit must be deposited into the account designated by the trustee to be effective." Money sent to the entrustor's personal account may not be legally recognized as a lease deposit.

Therefore, the deposit and balance must be deposited into the account specified in the trust deed or into an account agreed upon by the trust company and the preferred beneficiary. It should be noted that in most cases, the deposit must be returned to the trustor, not the preferred beneficiary or the trust company.

Blind spots in countervailing power and priority payment rights

As is typical, does filing a move-in notification and confirming a date of possession create a right of action? The answer is, "The tenant's rights arise only when the person with the authority to consent to the lease agreement listed in the trust deed consents." In principle, a tenant who moves in after the trust is registered cannot assert rights against the trust company. However, if they obtain the necessary consent stipulated in the trust deed and meet the requirements for objection (reporting a move-in, taking possession (moving in)), they become a legitimate tenant eligible for the protections of the Housing Lease Protection Act.

However, it should be noted that recognizing a preferential payment right does not mean the tenant has priority over the trust's preferred beneficiaries (creditors). Particular attention should be paid to the preferential payment right (which protects small tenants). When trust properties become insolvent and are disposed of, they are often conducted through a trust auction rather than a court auction. Past case law and practical experience have shown that trust auction procedures sometimes do not recognize the preferential payment right under the Housing Lease Protection Act, necessitating extra caution.

Checklist for Accident Prevention

Before signing a contract, be sure to remember the following four steps:

Step 1: Obtain a trust deed for the property.

Step 2: Read the special terms of the trust deed and confirm the rental authority and the person responsible for returning the deposit.

Step 3: Request the landlord to issue the trust company's lease agreement and the preferred beneficiary's consent (with a corporate seal certificate attached). Without these, it's best not to enter into the contract.

Step 4: The deposit must be deposited into the trust account designated in the trust ledger. Deposits to the trustor's personal account are prohibited.

Conclusion

Trust systems are often designed to provide strong protection for creditors, allowing the owner (the trustor) to borrow more. Therefore, even if the tenant is granted preferential payment, it is subordinate to the creditor. Even if the trust deed is verified and the procedures stipulated therein, such as obtaining consent, are followed, it's questionable whether the tenant will receive a share if the property is auctioned. Therefore, leasing trust property should be done with caution.

Instead of the complacency of thinking, "Nothing could happen," the effort of checking the trust ledger and confirming with the trust company becomes the most reliable shield to protect your precious assets. A contract isn't about trust, it's about verification.

※This article was written for the purpose of providing general information. Final judgment on individual legal matters requires consultation with a relevant expert.