I was accused of violating the Real Estate Real Name Act. What should I do...

Hello. This is a real estate attorney at the law firm Daeryun.

First, the Real Estate Real Name Act refers to the 'Act on the Registration of Real Estate under Actual Titleholder's Name.'

This law is based on the principle that the actual owner of real estate must register it under their own name, and it punishes the act of owning real estate using another person's name as title trust.

As in your situation, where the villa is registered in your younger sibling's name but you are the one who actually owns and manages it and runs the rental business, you may legally be suspected of having a title trust agreement, and this may amount to a violation of the Real Estate Real Name Act.

A charge of violating the Real Estate Real Name Act can actually lead to punishment only when the following requirements are met.

-Whether there was an actual title trust agreement
-Whether you actually controlled and managed the real estate
-Whether the title trust relationship between the titleholder (your sibling) and you can be proven

In the current situation, you must obtain the complaint submitted by the tenant.

This is because you can establish a strategy only after confirming the exact content of the complaint and the thrust of its assertions.

A violation of the Real Estate Real Name Act is a serious matter that, upon punishment, may result in imprisonment of up to five years or a fine of up to 200 million won, so a response through a real estate attorney is necessary.

The law firm Daeryun has extensive experience responding to real estate title trust cases and to investigation and trial procedures for violations of the Real Estate Real Name Act.

In this case as well, it can provide the following assistance for you.

-Reviewing the legal validity of the tenant's complaint and establishing a response strategy
-Supporting the securing of materials on whether a title trust agreement existed and whether the actual owner can be proven
-Preparing for the investigation by investigative agencies and devising a statement strategy

In your situation, it is important to obtain this firm's assistance to systematically organize the situation and establish a response strategy.

If you need legal assistance regarding a charge of violating the Real Estate Real Name Act, please request a consultation.