Practice Areas

Violation of the Act on the Registration of Real Estate under Actual Titleholder's Name

A violation of the Act on the Registration of Real Estate under Actual Titleholder's Name is a serious legal violation that may lead to ownership disputes arising from title trust and the like, penalty surcharges, and even criminal punishment. We will look at its types and how to respond.

1. Violation of the Act on the Registration of Real Estate under Actual Titleholder's Name | Title Trust and Its Types

Daeryun Law Firm's explanation of the concept of a violation of the Act on the Registration of Real Estate under Actual Titleholder's Name

The most common form of a violation of the Act on the Registration of Real Estate under Actual Titleholder's Name is title trust.

Title trust is registering real estate in another person's name (title) even though there is a separate actual owner.

This was a common practice before the real-name real estate system was introduced, but it is now prohibited in principle under the 「Act on the Registration of Real Estate under Actual Titleholder's Name (Real Estate Real-Name Act)」.

Title trust falls into three broad types depending on its structure and the legal relationship among the parties, and the effects and risks of each differ.

Two-Party Title Trust

Two-party title trust is a method in which the truster, who actually purchased the real estate, places the registration in the trustee's name rather than the truster's own name.

The contract, the payment of the price, and substantive ownership all rest with the truster, and the trustee merely has its name entered in the registration.

In such a case, under Article 4 of the Real Estate Real-Name Act, the title trust agreement is void, and even if the trustee returns the registration to its own name, the trustee cannot assert ownership in law.

The truster may seek cancellation of the registration against the trustee or claim registration of ownership transfer.

Item

Description

Form

The actual owner registers in the trustee's name

Registered Titleholder

Trustee

Contracting Parties

Actual owner ↔ Seller

Legal Effect

Title trust void; cancellation and transfer of registration may be claimed

Risk

A civil dispute may arise if the trustee disposes of the property

Three-Party Title Trust

Three-party title trust is a form in which the truster directly concludes a sales contract with the seller and pays the price but asks that the registration be transferred into the name of a third party, the trustee.

The contracting parties are the truster and the seller.

Here too the title trust agreement is void, so even where the seller has transferred the registration into the trustee's name, the truster may, on behalf of the seller, cancel the registration in the trustee's name and claim its transfer to the truster (subrogated claim for transfer of registration).

However, because this right is subject to a 10-year extinctive prescription, caution is needed.

That said, if the truster has continued to occupy the relevant real estate, the extinctive prescription does not run.

Item

Description

Contracting Party

Truster ↔ Seller

Payment of the Price

Truster

Registered Titleholder

Trustee

Legal Effect

Title trust void; registration may be restored through a subrogated claim

Points to Note

The claim must be made within 10 years; the prescription does not run while in possession

Contractual Title Trust

Contractual title trust is a structure arranged so that, on its face, the trustee directly concludes the contract with the seller and appears to have paid the price as well.

However, in reality the truster provided the funds, and all decisions are made by the truster.

The key standard here is whether the seller was aware of the title trust.

Whether the Seller Was Aware

Legal Effect

If aware

Contract void; the trustee cannot receive transfer of the registration

If unaware

Contract valid; the trustee acquires ownership → the truster cannot assert ownership

In this case the truster cannot assert any right to the real estate itself and may only make a claim against the trustee for return of unjust enrichment in the amount of the purchase price paid.

Item

Description

Contracting Party

Trustee ↔ Seller

Payment of the Price

Truster

Registered Titleholder

Trustee

Legal Effect

Varies depending on whether the seller was aware

Risk

Difficult to recover ownership; only return of the price is possible (the most dangerous)

2. Violation of the Act on the Registration of Real Estate under Actual Titleholder's Name | Administrative Sanctions

Violation of the Act on the Registration of Real Estate under Actual Titleholder's Name, administrative sanctions, imposition of penalty surcharges and enforcement fines

A violation of the Act on the Registration of Real Estate under Actual Titleholder's Name does not simply end with ‘merely lending one's name.’

Because unlawful acts such as tax evasion, concealment of assets, and illegal gifts can occur through title trust, the administrative sanctions for it are applied very strictly.

In particular, a penalty surcharge and an enforcement fine are imposed on the title truster, and if these are not paid, progressively heavier sanctions follow.

Penalty Surcharge System

A penalty surcharge is a sanction that may be imposed at up to 30% of the value of the relevant real estate when title trust is discovered.

A title truster who has not registered a right concerning real estate in the name of the actual rightholder may be assessed a penalty surcharge calculated as follows (Articles 3-2, 4-2, and 8 of the Real Estate Real-Name Act).

(Penalty surcharge rate based on the appraised value of the real estate + Penalty surcharge rate based on the period elapsed in violation of the obligation) × Appraised value of the real estate

A title truster must pay a penalty surcharge equal to the appraised value of the real estate multiplied by the penalty surcharge rate, according to the following standards.

Appraised Value of the Real Estate

Penalty Surcharge Rate

5 hundred million won or less

5%

More than 5 hundred million won ~ 3 billion won or less

10%

More than 3 billion won

15%

In addition, an extra penalty surcharge based on how long the title trust state has continued must also be added in the calculation.

Period Elapsed in Violation of the Obligation

Penalty Surcharge Rate

1 year or less

5%

More than 1 year ~ 2 years or less

10%

More than 2 years

15%

Enforcement Fine System

A title truster on whom a penalty surcharge has been imposed has an obligation to complete real-name registration without delay.

If this is not done, an additional enforcement fine is imposed in stages.

Structure of Enforcement Fine Imposition

Point in Time Elapsed

Content of Imposition

1 year after the penalty surcharge is imposed

10% of the appraised value of the real estate imposed

A further 1 year elapses

20% imposed

In other words, it may be imposed repeatedly until real-name registration is completed.

3. Violation of the Act on the Registration of Real Estate under Actual Titleholder's Name | Criminal Punishment

A violation of the Act on the Registration of Real Estate under Actual Titleholder's Name is treated not merely as a civil matter but as a serious criminal act that can lead to criminal punishment.

Because title trust is fundamentally treated as an act that abuses the public registration system and harms social trust, the law prescribes strict criminal punishment depending on the degree of the violation and the person responsible for it.

Persons Subject to Punishment and the Sentencing Range

Under Article 7 of the Real Estate Real-Name Act, the following punishments are imposed on the title truster, the title trustee, a person who prepared false documents, and others.

Person Subject

Criminal Punishment

Title truster

(a person who, despite being the substantive owner, registered in a third party's name)

Imprisonment for not more than 5 years or a fine of not more than 2 hundred million won

Creditor or actual debtor who prepared false documents

(where a person who is not the actual debtor made a false entry in a document)

Imprisonment for not more than 5 years or a fine of not more than 2 hundred million won

Title trustee

(a person who registered the property in their own name)

Imprisonment for not more than 3 years or a fine of not more than 1 hundred million won

Criminal punishment is imposed separately from the administrative sanctions, such as the penalty surcharge and enforcement fine, discussed above.

In other words, for a single instance of title trust, a penalty surcharge, an enforcement fine, and criminal punishment may all be imposed together.

4. Violation of the Act on the Registration of Real Estate under Actual Titleholder's Name | How to Respond

Violation of the Act on the Registration of Real Estate under Actual Titleholder's Name, punishment, how to respond, practice area

If a violation of the Act on the Registration of Real Estate under Actual Titleholder's Name is revealed or suspected, a prompt and accurate response is very important.

If the violation is left unaddressed, risks such as penalty surcharges, enforcement fines, and criminal punishment grow, and the matter may also expand into an ownership dispute.

Confirming the Violation

You should first confirm accurately whether title trust exists through the certified copy of the real estate register and the contract documents.

In particular, because the response differs depending on the title trust structure, you should accurately grasp the legal effects and risks for each type.

Prompt Completion of Real-Name Registration

If a violation of the Act on the Registration of Real Estate under Actual Titleholder's Name is left unaddressed, penalty surcharges and enforcement fines continue to be imposed, so you should complete the real-name registration procedure as quickly as possible.

The truster may request the title trustee to file for registration of ownership transfer or , if necessary, bring a lawsuit before the court seeking cancellation and transfer of the registration.

The most important response is restoring a normal ownership state through cancellation of the title trust registration and real-name registration.

Responding to Criminal Punishment

If a criminal accusation is possible, you should focus on responding to the investigation in advance and on collecting evidence.

If you acknowledge the unlawful conduct, you may aim for a reduced sentence through voluntary reporting and proper performance of the procedures under the law.

However, if additional charges beyond the violation of the Act on the Registration of Real Estate under Actual Titleholder's Name, such as tax evasion, are anticipated, you should work with a professional to prepare a comprehensive response strategy.

5. Violation of the Act on the Registration of Real Estate under Actual Titleholder's Name | Checklist

If a violation of the Act on the Registration of Real Estate under Actual Titleholder's Name is suspected or has been discovered, you should review, step by step, the procedures and items that you need to confirm first.

Item to Check

Content to Confirm

Confirm registration status

Confirm whether the registered titleholder on the certified copy of the register is you

Review the contract structure

Confirm whether the person who signed the contract and the person who provided the funds are the same

Identify the title trust type

Confirm which structure applies among two-party, three-party, and contractual title trust

Evidence of substantive ownership

Secure the source of the purchase price, records of tax payment, possession status, and similar evidence

Confirm the violation period

Confirm how long the title trust has been maintained

Confirm the appraised value of the real estate

Determine the appraised value that serves as the basis for calculating the penalty surcharge

Whether real-name registration is possible

Confirm whether the title trustee is able to cooperate

Review of a transfer-of-registration lawsuit

Consider legal procedures if the trustee is uncooperative

Confirm notice of penalty surcharge and enforcement fine

Confirm whether the local government has imposed a penalty surcharge and review its content

Review of criminal liability

Determine whether you are subject to punishment depending on the party who committed the violation

Support System of Real Estate Specialist Attorneys

This law firm has many real estate specialist attorneys registered with the Korean Bar Association, along with specialist attorneys who have an average of more than 10 years of experience.


When various legal risks arise, such as the imposition of a penalty surcharge, an enforcement fine, criminal punishment, or invalidity of registration, practical legal support is available from the objection stage through administrative adjudication and the response in the criminal procedure.


We recommend that you seek the assistance of a real estate specialist attorney to promptly assess whether a violation of the Act on the Registration of Real Estate under Actual Titleholder's Name has occurred and to develop a response strategy.

Related Information

Explore legal information related to this case.

Explore more legal information

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney JungKyu Park

JungKyu Park

T. 070-7510-2014

Experience as a judge in the Construction Department of the Seoul High Court and as a chief judge in the Ansan branch of the Suwon District Court.

Attorney KwangDeok Kim

KwangDeok Kim

T. 070-7510-2018

Provided legal advice to many large construction companies

Attorney Dae Hee KANG

Dae Hee KANG

T. 070-5117-5510

Reviewed contracts for construction companies and handled numerous lawsuits.

Attorney HyungJin KIM

HyungJin KIM

T. 070-7510-1755

Experience in planning department at large construction company/large company

Key Case Studies

View more

Related Practice Areas

View more
View our Case Handling System

Consult in other languages

Popular Columns

View more
Quick Menu

Chat