CONTENTS
- 1. The Story of the Client Who Came to the Real Estate Law Firm
- - Violation of the Housing Act Explained by the Real Estate Attorney
- 2. Real Estate Law Firm: Defense Strategy Against the Charge of False Reporting of Subscription Eligibility
- - Real Estate Attorney: Proving Actual Residence
- - Real Estate Attorney: Emphasizing the Reasons for Temporary Residence
- - Real Estate Attorney: Emphasizing That There Was No Violation of the Housing Act
- 3. Client Cleared of an Unfounded Charge with the Real Estate Law Firm's Assistance
- - Why Assistance from a Law Firm May Be Helpful
1. The Story of the Client Who Came to the Real Estate Law Firm
This is the story of a client who came to a real estate law firm.
The client became the subject of a police investigation amid suspicion that, during the subscription process for an apartment in the metropolitan area, he had listed as his place of residence an area where he was not actually residing.
The investigative agency suspected that the client had falsely entered subscription information as if residing in the relevant area, thereby being recognized as having subscription points and eligibility, and had concluded a supply contract and obtained housing.
If fraudulent subscription were recognized as a violation of the Housing Act, it was a situation in which the subscription right could be cancelled.
The client determined that he needed to respond promptly in order to defend against the wrongful charge and prove the legitimacy of his subscription eligibility.
He requested help from Daeryun, a real estate law firm with extensive experience in criminal cases related to the Housing Act and in housing sale disputes.
Violation of the Housing Act Explained by the Real Estate Attorney
A violation of the Housing Act refers to any act that violates the procedures for the supply, subscription, or management of housing provided under the Housing Act.
In particular, to ensure the fair supply of housing, the act of obtaining housing by falsely stating subscription eligibility, the period of residence, the period without homeownership, and the like is strictly prohibited.
A violation of these provisions may result in imprisonment for up to 3 years or a fine of up to 30 million won, and furthermore, disadvantages such as invalidation of the winning bid, termination of the sale contract, and cancellation of the supply may arise.
In addition, serious sanctions may follow, such as cancellation of the sale rights or a restriction on subscription eligibility for the next 10 years, so particular caution is required.
Representative cases of a violation of the Housing Act explained by the real estate law firm
In a housing subscription, the number of dependent family members and the period without homeownership serve as important point factors.
The act of registering, with such factors in mind, family members who do not actually live together as dependents, or of failing to report a past history of homeownership and falsely extending the period without homeownership to raise one's points, may be punished as a violation of the Housing Act.
Representative cases include a person whose period of residence in the relevant area is too short to meet subscription eligibility, who applies for the subscription through false residence registration by transferring only the resident registration without actually residing there.
Obtaining a sale in this manner is regarded as an act disrupting the order of supply, and may result not only in criminal punishment but also in serious sanctions such as cancellation of the winning bid and future restrictions on subscription.
2. Real Estate Law Firm: Defense Strategy Against the Charge of False Reporting of Subscription Eligibility
The real estate law firm prepared a systematic defense strategy for a client who was being questioned by the police on charges of making a false report relating to housing subscription eligibility.
The client had for a long period substantially resided in a house in the area, maintaining most of his daily life there, including work, his children's education, and use of hospitals.
However, he had temporarily transferred his residence to an outlying area where his wife worked in order to care for his wife ahead of childbirth, and the investigative authorities took issue with this and raised charges of a false housing subscription.
In response, the real estate law firm established a defense strategy by comprehensively analyzing the client's living base, the circumstances of the change of residence, and his actual intent to reside.
Real Estate Attorney: Proving Actual Residence
The real estate specialist attorney emphasized that the client had actually resided in the area in question for a long period, continuing daily life such as commuting to work, the children's school life, and hospital treatment.
To support this, the attorney gathered objective materials such as a certificate of employment, the children's certificate of enrollment, and hospital treatment records and submitted them to the police, clearly establishing the client's actual fact of residence.
Real Estate Attorney: Emphasizing the Reasons for Temporary Residence
The real estate specialist attorney emphasized that the client had temporarily lived in a suburban area where his wife worked in order to care for his wife, who was about to give birth.
The attorney argued that this was an unavoidable decision for the sake of his wife's health and family care.
In addition, the attorney presented as supporting evidence the fact that the client had continued to pay the maintenance fees and utility bills for his existing residence, thereby maintaining the residency obligation.
Real Estate Attorney: Emphasizing That There Was No Violation of the Housing Act
For a violation of the Housing Act to be established, it must be proven that housing was supplied by falsifying subscription eligibility through false or fraudulent means.
However, the client put forward the argument that there was no violation because he had continuously maintained an actual place of residence in the relevant area and sufficiently met the subscription conditions.
In addition, based on a Supreme Court precedent, he presented the legal principle that a violation of the Housing Act is recognized only when means lacking legitimacy, such as falsely pretending subscription eligibility, are used.
To constitute a violation of the Housing Act, there must be an ‘act of being supplied housing by false or other fraudulent means.’ This means an act of being supplied housing by a fraudulent means lacking legitimacy, such as a person without eligibility pretending to have such eligibility.
3. Client Cleared of an Unfounded Charge with the Real Estate Law Firm's Assistance
Thanks to the prompt and strategic support of the real estate law firm, the client was ultimately able to obtain a non-referral decision and conclude the case.
The investigative agency recognized that the client had merely stayed temporarily at the spouse's residence due to special circumstances, and that the substantial basis of residence was in the relevant area.
In addition, it was demonstrated that there had been no intent to falsely report the place of residence at the time of the subscription, and that the client had sufficiently met the actual residency qualifications, and a decision of no suspicion of crime (non-referral) was rendered.
Why Assistance from a Law Firm May Be Helpful
Investigations related to housing subscriptions often arise where a person is suspected based solely on a change of resident registration address or a move-in report.
An inspection of housing complexes sold in the metropolitan area in the second half of last year found 390 cases of fraudulent subscriptions, more than three times the figure in the first half of last year, indicating that crackdowns related to fraudulent subscriptions are likely to be further strengthened.
In this situation, if a person who is caught up in an unjust fraudulent subscription charge cannot clearly prove their position, the person may unjustly receive criminal punishment or suffer serious disadvantages such as cancellation of the winning or termination of the sale contract.
Therefore, it is most important to respond strategically from the early stage of the case with the assistance of a real estate attorney, such as a real estate law firm.
We recommend that you obtain the help of an expert to prevent unjust criminal punishment or cancellation of a subscription.
Daeryun LLC provides comprehensive legal services in real estate-related criminal and administrative fields, such as ▲responding to disputes over invalidation or termination of sale contracts, ▲defending against fictitious transfer of residence and false reporting, and ▲responding to administrative procedures such as cancellation of subscriptions and administrative dispositions.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
