1. Revocation of the first instance judgment.

2. The case shall be transferred to Busan Family Court.

Purport of claim and appeal

1..

1. A claim for damages arising from ex officio divorce as to a violation of exclusive jurisdiction is a family litigation case under Article 2(1)1(c)2 of the Family Litigation Act, including a claim against a third party, and is subject to the exclusive jurisdiction of the family court (see, e.g., Supreme Court Decision 2009Da102964, Mar. 25, 2010). In full view of the records and arguments in the instant case, the Plaintiff’s claim for damages against the Defendant is a claim for compensation of consolation money of KRW 30 million and delay damages for the reason that the Plaintiff’s marital failure due to an unlawful act between the Defendant and the Plaintiff’s spouse, which caused the Plaintiff’s divorce to the spouse (see, e.g., Supreme Court Decision 2009Da102964, Jun. 15, 2017).

. Such a claim constitutes a claim for damages against a third party on the ground of divorce, and is subject to the exclusive jurisdiction of the Family Court as seen earlier.

Therefore, the court of first instance of the lawsuit of this case shall be the Busan Family Court, which is the family court where the defendant's general forum is located.

2. As such, the instant lawsuit brought to the court of the first instance is brought in violation of the exclusive jurisdiction, and must be transferred to the Busan Family Court.

The judgment of the first instance court shall be revoked, and it shall be transferred to the Busan Family Court, which is the competent court, pursuant to Article 419 of the Civil Procedure Act, as ordered.