The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Registration completed under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”) is presumed to be registration in conformity with the substantive legal relationship. The presumption of registration of ownership or registration of transfer is not broken unless a letter of guarantee or confirmation prescribed under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate is proved to be false or forged, or not duly registered due to any other reason. The false letter of guarantee or written confirmation refers to a letter of guarantee or written confirmation, the substantial contents of which are inconsistent with the truth.

In addition, considering that the Special Measures Act permits the actual transferee of real estate to make registration inconsistent with the process of change in rights, the entry of the seller's name or the date of purchase in the letter of guarantee or written confirmation is different from the actual one, or the entry of the specific reason for change in rights is omitted in the letter of guarantee or written confirmation

Even if so, it cannot be said that the legal presumption of its registration is broken up immediately.

(see Supreme Court Decision 2000Da33775, Oct. 27, 2000). Moreover, the reason that a guarantor under the Act on Special Measures set up a guarantee to guarantee the alteration of a right, which is alleged by a registered titleholder, without being aware of the alteration of a right, cannot be said to have broken the presumption of registration.

(See Supreme Court Decision 2005Da2189 delivered on April 29, 2005). In addition, when a person who completed a registration under the Act on Special Measures claims that he/she acquired a right in accordance with another cause of acquisition even if he/she recognizes that the cause of acquisition stated in the letter of guarantee or written confirmation is different from the fact, the Act on Special Measures shall apply.