1. The Client's Situation
The client was planning to enter into a lease agreement under the name of the truster (settlor) for real estate for which trust registration had been completed. However, concerned about legal risks relating to the validity of the agreement and the party to which the return of the lease deposit and the payment of rent would be attributed, the client requested a clear legal review in advance.
2. Your Legal Team's Advice
Your Legal Team analyzed the party to which the lessor's rights and obligations were attributed, focusing on the special terms stated in the trust register. As a result, it confirmed that, under the special terms that take precedence over the general provisions, the truster holds the substantive position of lessor and also has the authority to receive the lease deposit and rent. In addition, by clearly distinguishing the concept of the trustee's "duty to cooperate" from the requirement of the trustee's "prior consent," it presented the legal basis and drafting direction for obtaining a consent document.
3. Outcome
Following the legal team's advice, the client was able to obtain an appropriately formatted consent document from the trustee, thereby blocking in advance the legal risks necessary for entering into the agreement with the truster. Through this, the client prevented the possibility of future disputes and established a basis for maintaining a stable lease relationship.