Considering that the trust property will be managed and disposed of according to the purpose of the trust, in the case of the “trusts for security” in which the trust is intended for security, it seems possible to handle the property as a security right when the settler becomes bankrupt. However, even if the “security function” is used as a result, the result alone should not be treated as the ground for recognizing the property as reorganization security or the right of exclusive preference, and weight should be placed on whether or not the party originally had the intention to “use the security function of the trust in the secured transaction.” On the other hand, bankruptcy remoteness is not always ensured with the establishment of “a trust,” and it is necessary to test the “requirements for establishment of a trust.” For example, the remoteness of the trust property from the settlor’s bankruptcy should not be recognized for a “trust” of which only the title has been transferred, or a “trust” of which the settlor retains a right of withdrawal.
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