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(영문) 대법원 1983. 12. 13. 선고 83다카975 판결
[손해배상][집31(6)민,71;공1984.2.1.(721) 163]
Main Issues

(a) A person who owns an automobile and an operator for himself under the Guarantee of Automobile Accident Compensation Act after paying the price in full;

(b) An operator for himself, in case where the registration is incomplete due to a refusal to deliver the registration documents for the transfer of automobiles by the transferor;

Summary of Judgment

(a) Even if a person is registered as an owner in the register of motor vehicles, if he sells it in another place and pays the price in full, and if another driver or buyer who is employed by the buyer under the responsibility of the buyer directly operated the motor vehicle and causes an accident, it is reasonable to view that the operator's control right has already been transferred from the registered titleholder even if the registered titleholder is not changed in the name of the buyer. Therefore, the registered titleholder shall not be regarded as a person who has the operating control right and receives profits from the operation, as stipulated in Article 3 of the Guarantee of Automobile Accident Compensation Act.

(b) Even if a transferor refuses to deliver a registration document for movement of a motor vehicle on account of other nonperformance, as long as the purchase and sale of a motor vehicle is fully settled, the transferee has operated the motor vehicle for about four months employed by two drivers, and as long as he/she caused an accident while driving the motor vehicle on his/her own in the event of the accident, the right to control the operation of the motor vehicle and the

[Reference Provisions]

Article 3 of the Guarantee of Automobile Accident Compensation Act

Reference Cases

A. Supreme Court Decision 70Da1554 Delivered on September 29, 1970

Plaintiff-Appellee

[Judgment of the court below]

Defendant-Appellant

Attorney Kang Jae-ok, Counsel for the defendant-appellant

Judgment of the lower court

Daegu High Court Decision 82Na789 delivered on April 15, 1983

Text

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

Reasons

The defendant's attorney's grounds of appeal are examined.

In light of the above legal principles as to the non-party 1's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1's non-party 4's non-party 1's non-party 1's non-party 1's non-party 1's non-party 4's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 4's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's.

Therefore, the judgment of the court below is reversed and the case is remanded to the Daegu High Court which is the original judgment. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kang Jong-young (Presiding Justice)

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심급 사건
-대구고등법원 1983.4.15.선고 82나789