The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. Articles 10(3), (4), (5), and 11(2) of the former Act on Special Measures for the Registration, etc. of Ownership Transfer (Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”) and Article 13(2) of the former Enforcement Decree of the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Presidential Decree No. 19196, Dec. 28, 2005; hereinafter “Enforcement Decree of the Act on Special Measures”) provide that the competent authority in receipt of an application for issuance of a written confirmation shall warn the guarantor of the punishment for false certification and confirm the purport of the guarantee. The competent authority shall conduct a field investigation on the relevant real estate, and shall issue a public notice for more than two months, and shall notify the applicant or re-seller of the fact that the applicant is entered in the land ledger and the building ledger without delay, and the applicant who has an objection to the application for issuance of a written confirmation may file an objection within the period of public announcement within two months.

In addition to the legislative intent of the Act on Special Measures, a public official of the competent authority shall be deemed to have a duty of care to confirm the actual relationship of rights through the aforementioned series of procedures. If a public official of the competent authority in charge of registry issued a written confirmation, he/she conducted a field investigation to verify the guarantor's intent of guarantee and undergo a public announcement for more than two months, and if he/she properly completed a series of procedures, such as going through a public announcement for more than two months, then the public official of the competent authority shall immediately be responsible for any negligence on the part of the public official of the competent authority, even if the fact that the applicant for the