1. Revocation of the first instance judgment.

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

Purport of claim and appeal

1..

1. Determination on the lawfulness of the instant lawsuit

A. A claim for damages caused by divorce is a case of family litigation of Category C as stipulated in Article 2(1)1(c) of the Family Litigation Act, including a claim against a third party, and falls under the exclusive jurisdiction of a family court.

B. The lawsuit of this case is brought by the defendant to pay consolation money on the ground that the plaintiff's marital relationship has broken down due to the plaintiff's improper act with C, the former spouse, and thus, the plaintiff's claim constitutes a claim for damages caused by divorce.

C. Therefore, the instant lawsuit is subject to the exclusive jurisdiction of the family court as a claim for damages caused by the failure of a matrimonial relationship, and the court of first instance is the Seoul Family Court, which is the family court having jurisdiction over the Defendant’s general forum. Since the instant lawsuit is filed in this court without jurisdiction and is in violation of an exclusive jurisdiction, it is reasonable to transfer it

2. Accordingly, the first instance judgment is revoked pursuant to Article 419 of the Civil Procedure Act, and the case is transferred to the Seoul Family Court and it is so decided as per Disposition.