1. Revocation of a judgment of the first instance;

2. The case shall be transferred to the Gwangju Family Court.

Purport of claim and appeal

1...

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.

Cases of family litigation of Category C prescribed in the following items, which are subject to the exclusive jurisdiction of the Family Court;

According to the records of this case on May 16, 2014 (see, e.g., Supreme Court Decision 2013Da10104, May 16, 2014). 2. The Plaintiff filed a claim for damages against the Defendant on the ground that the marriage between the Plaintiff and C was in progress, on the grounds that: (a) the Plaintiff committed an unlawful act, such as having sexual intercourse on March 5, 2015 with the wife and the Defendant; and (b) having received text messages stating that “I wish to do so and love”; and (c) the marriage between the Plaintiff and C was in progress.

3. The plaintiff's above claim falls under the exclusive jurisdiction of the family court because it constitutes a claim for damages against a third party on the ground of divorce.

Therefore, since the lawsuit of this case was brought in violation of the exclusive jurisdiction, the judgment of the first instance is revoked pursuant to Article 419 of the Civil Procedure Act, and the case is transferred to the Gwangju Family Court, which is the family court where the defendant's general forum is located.