The judgment of the court below is reversed, and the case is remanded to Cheongju 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 in accordance with the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (amended by Act No. 3562 of Apr. 3, 1982, hereinafter “Special Measures Act”) is presumed to be registration in accordance with the substantive legal relationship. The presumption of registration of ownership transfer or registration of transfer shall not be broken unless it is proved that a letter of guarantee or confirmation prescribed by the Special Measures Act on Special Measures is false or forged, or that it is not legally registered due to other reasons.

In this context, a false letter of guarantee or written confirmation refers to a letter of guarantee or written confirmation that does not fit the truth, and when considering that the Special Measures Act permits the actual transferee of real estate to register that does not coincide with the process of change of the right, the date of purchase is later than the date of death of the former registered titleholder, or the name of the seller or the date of purchase in the letter of guarantee or written confirmation is different from the actual date of the former registered titleholder, or the entry of the specific reason of change of rights is omitted in the letter of guarantee or written confirmation, and only the current status

Even if so, it cannot be said that the legal presumption of legitimacy of the registration has been broken.

(See Supreme Court Decision 2009Da15145 Decided June 11, 2009). In addition, where a person who completed registration under the Act on Special Measures claims that he/she acquired a right pursuant to another cause of acquisition even if he/she recognizes the fact different from the fact of the cause of acquisition stated in the letter of guarantee or written confirmation, it is obvious that the registration under the Act on Special Measures cannot be completed in his/her claim, such as the case where the date of the cause of acquisition becomes impossible to apply the Act on Special Measures, cannot be completed, or the content of such assertion

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