2. The Seoul Family Court shall transfer the instant case to another family court.

Purport of claim and appeal

1..

The following facts are not disputed between the parties:

On December 21, 2003, the Plaintiff and the Defendant married and married to C (E) a child.

On April 10, 2009, the Plaintiff and the Defendant agreed that the Plaintiff shall rear C, and the Defendant shall pay the Plaintiff KRW 700,000 as the child support of C from March 5, 2010 to March 5, 2025 (hereinafter “instant child support agreement”).

As to the Defendant’s principal safety defense as the instant lawsuit, the Defendant’s claim against the Defendant for payment of the unpaid child support and damages for delay pursuant to the instant child support agreement, the Defendant’s claim for payment of the child support constitutes a family non-litigation case under the Family Litigation Act, and thus, violates the exclusive jurisdiction of the Seoul Central District Court’s lawsuit.

Judgment

The plaintiff's claim of this case is a non-contentious family case under the exclusive jurisdiction of the family court, which is stipulated in Article 2 (1) 2(e)(3) of the Family Litigation Act, after the agreement for the child support of this case, which is a specific consultation about the child C, the plaintiff and the defendant divorced.

The defendant's defense of this case is justified.

In conclusion, the lawsuit of this case filed with the Seoul Central District Court, which is the first instance court, is brought in violation of the exclusive jurisdiction. Thus, the first instance court should transfer the case to the Seoul Family Court, which is the location of the defendant's general forum. However, the first instance court, which did not take such measures and rendered judgment on the claim of this case, erred by misapprehending the legal principles on exclusive jurisdiction, which affected the conclusion of the judgment. Thus, the first instance court's revocation of the first instance judgment and the transfer of this case to the Seoul Family Court, which is the competent court, to