logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.10.06 2016나3909
손해배상(기)
Text

1. Revocation of a judgment of the first instance;

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

Purport of claim and appeal

1...

Reasons

1. Article 2(1)1(c) of the Family Litigation Act, including a third party’s claim against a claim for damages arising from divorce.

Family litigation cases prescribed in the following items, which are subject to the exclusive jurisdiction of the Family Court;

(2) According to the purport of the records and arguments of this case on March 25, 2010 (see, e.g., Supreme Court Decision 2009Da102964, Mar. 25, 2010). 2. According to the purport of the whole records and arguments of this case, the claim for damages of this case is a claim for payment of consolation money of KRW 30 million on the ground that the plaintiff's marital relationship has broken down due to unlawful acts, such as adultery between the plaintiff and his husband, and the defendant, etc.

Thus, since the lawsuit of this case was brought against the exclusive jurisdiction, the judgment of the first instance court is revoked for lack of jurisdiction under Article 419 of the Civil Procedure Act, and the case is transferred to the Seoul Family Court, which is the location of the defendant'

arrow