I was a victim of real estate fraud. Can I reclaim?

What the Law Says

South Korean law provides remedies for victims of real estate fraud, primarily through the Civil Act. Fraudulent transfers of real property may be declared void or voidable depending on the nature of the deception and the intent of the parties.

Under Article 139 of the Civil Act, a juristic act performed by fraud is voidable at the option of the defrauded party. This means the victim may petition the court to cancel the transfer — but only if they file within five years from the time they became aware of the fraud.

Article 142 further states that if the fraud was committed by a third party (not the other contracting party), the act remains valid unless the counterparty knew or should have known about the fraud. So reclaiming ownership depends heavily on whether the buyer acted in good faith.

Importantly, if the fraud involved forgery of your signature or impersonation — making the registration itself unlawful — the transfer may be deemed void ab initio (invalid from the outset) under administrative and registration law principles, allowing restoration without time limits in some cases.

Statutory Text

A juristic act done by fraud may be cancelled by the person defrauded.

— Civil Act, s. 139 — Cancellation of Juristic Act Done by Fraud

Statutory Text

Where a juristic act is done by fraud committed by a third person, such act shall not be cancelled unless the other party knew or could have known of such fraud.

— Civil Act, s. 142 — Fraud by Third Person

What to Do

Sources