Billions Down the Drain: Authorities Crack Down on Unscrupulous Real Estate Trust Companies Amid Economic Downturn
South Korea’s Major Landowner Trust Companies Face Financial Strains
The four major landowner trust companies in South Korea have reported significant financial losses, with their deficits ”snowballing” in just one year. According to recent data, KB Real Estate Trust, Shinhan Asset Trust, Hana Asset Trust, and Woori Asset Trust recorded a combined net loss of 235.5 billion won in the first half of last year.
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The largest deficit was recorded by Shinhan Asset Trust, which posted a net loss of 175.1 billion won for the period. KB Real Estate Trust also reported a significant loss, with its deficit widening to 105.8 billion won in the first half of the year.
The main reason for the trust companies’ poor performance is their “book-type trust” business. This type of business involves the trust company taking responsibility for completing construction projects and compensating lenders if the construction company fails to do so.
During the real estate boom from 2019 to 2022, the trust companies played a leading role in terms of performance, with high commission rates and significant increases in trust assets. However, the risks associated with book-type land trusts are now becoming a reality, with many construction companies facing financial difficulties and trust companies facing compensation liabilities and lawsuits.
According to a report by the Korea Institute of Finance, the trust assets of book-type land trusts more than doubled from 8.4 trillion won in December 2020 to 100 billion won in September 2023. As of the end of September last year, KB Real Estate Trust had 180 book-type business sites, followed by Shinhan Asset Trust with 167, Hana Asset Trust with 119, Korea Trust with 117, and Woori Asset Trust with 108.
The financial authorities are taking steps to address the issue, including reviewing measures to limit the trust limit to a certain percentage of equity capital and revising the part of the trust contract that states the trust company compensates major shareholders for damages.
Experts are calling for the need to reduce the trust company’s liability for damages in the trust contract to an appropriate level. Lee Young-kyung, a senior researcher at the Korea Institute of Finance, said, “There are concerns that trust companies may become insolvent due to management-type land trusts with construction responsibilities, and in practice, the trust contract contains excessive provisions for compensation liability according to the construction responsibilities obligation.”
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The financial authorities are working to establish trust company model standards for land trusts.
The government’s position is that they want to ban the book-based business model completely, but the industry is arguing that business should not be hindered as the real estate market is booming again.
