In the case of receiving the down payment and delivering the automobile and the certificate of inspection, and the liability for compensation under Article 3 of the Guarantee of Automobile Accident Compensation Act.

Even if the Defendant sold the instant automobile to the Nonparty at the time of the instant accident and delivered the automobile and the inspection certificate at the same time as the down payment was received, it cannot be said that the instant automobile was completely exempted from the Defendant’s control, as long as the instant automobile did not receive any remainder payment and the documents for transferring the name of the automobile are not delivered. Therefore, the Defendant is liable for damages under Article 3 of

Article 3 of the Guarantee of Automobile Accident Compensation Act

Plaintiff 1 and nine others

[Defendant-Appellee] Attorney Park Gyeong-sik, Counsel for defendant-appellee

Seoul High Court Decision 79Na2889 delivered on February 27, 1980

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The Defendant’s grounds of appeal are examined together.

According to the reasoning of the judgment below, on December 5, 1978, the defendant sold 90,00 won to Nonparty 1, including the instant automobile registered under the name of the defendant, and received 600,000 won as down payment, and at the same time delivered the instant automobile along with a certificate of inspection. The remaining 390,000 won was paid in return for the transfer of the automobile registration name until the end of December of the same year. Nonparty 2, who was requested by Nonparty 1 to resell the instant automobile, sold 50,000 won to Nonparty 3 on the same day, and received 300,000,000 won for the down payment, and the remaining 250,000 won was delivered to the above Nonparty 3, and the defendant did not receive the above down payment and the remaining 31,000,000 won for the automobile from the time of delivery, and thus, the defendant did not have any obligation to receive the automobile from Nonparty 3's automobile under the name of the defendant.

Therefore, this appeal is without merit, and it is dismissed. The costs of appeal are assessed against the losing party and it is so decided as per Disposition by the assent of all participating Justices.

Justices Kim So-young (Presiding Justice)