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. The claim for damages on the ground of a divorce as to the jurisdiction of the lawsuit of this case is a case of family litigation of Category C as provided by Article 2(1)1(c) of the Family Litigation Act, including a claim against a third party, and falls under the exclusive jurisdiction of

According to the evidence Nos. 2 and 4 (see, e.g., Supreme Court Decision 2009Da102964, Mar. 25, 2010). The plaintiff and C have completed a marriage report on August 11, 2004 and legal marital relationship on May 30, 2019, and the marriage relationship has been terminated by a report of divorce on May 30, 2019. The lawsuit in this case is claimed against the plaintiff against the defendant for the payment of consolation money on the ground that the marriage relationship between the plaintiff and C has occurred due to the defendant and C's wrongful act. Thus, it constitutes a claim for damages against a third party on the grounds of divorce and falls under the exclusive jurisdiction of the family court.

2. As such, the instant lawsuit was filed in violation of the exclusive jurisdiction, and thus, the judgment of the first instance is revoked pursuant to Article 419 of the Civil Procedure Act, and the instant case is transferred to the Seoul Family Court and is so decided as per Disposition.