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The judgment of the first instance shall be revoked.
The case shall be transferred to the Goyang Branch of the District Court for the Family Affairs.
Reasons
1. Determination as to the jurisdiction of the instant lawsuit
A. A claim for damages caused by divorce 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 the family court.
(See Supreme Court Decision 2009Da102964 Decided March 25, 2010, etc.). B.
The lawsuit of this case is brought by the defendant for the payment of consolation money due to the failure of the plaintiff's marital relationship due to the plaintiff's wrongful act with C, the former spouse, and the divorce with C. Thus, the plaintiff's claim constitutes damages claim based on 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 marriage, and the court of first instance is the High Government Branch of the Family Court, which is the family court having jurisdiction over the Defendant’s general forum. Since the instant lawsuit was filed in the Gwangju District Court, Gwangju District Court, which has no jurisdiction over the instant lawsuit, and was in violation of the exclusive jurisdiction, it shall be transferred to the High Government Branch of the High Government Branch of the District Court, the competent court
2. In conclusion, the judgment of the first instance is revoked pursuant to Article 419 of the Civil Procedure Act and the case is transferred to the Goyang Branch Family Court as the Goyang Branch Family Court. It is so decided as per Disposition.