I've been sued for violating the Real Estate Real Name Act. What do I do...

Hello. I am a real estate specialist attorney at Daeryun Law Firm.

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

This law has the principle that the actual owner of real estate must register under their own name, and the act of owning real estate using another person's name is called title trust and is punished.

In situations like yours, where the villa is registered in your younger brother's name but you are actually owning, managing, and conducting rental business, you may be suspected of having had a title trust agreement legally, which may constitute a violation of the Real Estate Real Name Act.

Real Estate Real Name Act violation charges must meet the following requirements to actually lead to punishment.

-Whether there was an actual title trust agreement
-Whether you were actually controlling and managing the relevant real estate
-Whether the title trust relationship between the title holder (younger brother) and you can be proven

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

This is because you must check the exact content and purport of the complaint to establish a strategy.

Real Estate Real Name Act violation is a serious matter that may be punished with imprisonment of up to 5 years or a fine of up to 200 million won, and response through a real estate specialist attorney is necessary.

Daeryun Law Firm has extensive experience responding to real estate title trust cases and Real Estate Real Name Act violation investigations and trial procedures.

This case can also provide the following assistance for you.

-Review of the legal validity of the tenant's complaint and establishment of response strategy
-Support in securing materials to prove the existence of a title trust agreement and actual ownership
-Preparation for investigative agency investigations and statement strategy

In your situation, it is important to systematically organize the situation and establish a response strategy with the help of our firm.

If you need legal assistance for Real Estate Real Name Act violation charges, please request a consultation.