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(영문) 춘천지방법원 2020.05.14 2019나52048
손해배상(기)
Text

1. Revocation of a judgment of the first instance;

2. The case shall be transferred to the original Chuncheon District Court's home branch office.

Reasons

Ex officio examines whether this case falls under the jurisdiction of this Court.

A claim for damages caused by divorce, including a claim against a third party, falls under the exclusive jurisdiction of a family court, and is a case of family litigation of Category C as prescribed by Article 2(1)1(c)(ii) of the Family Litigation Act (see, e.g., Supreme Court Decision 2009Da102964, Mar. 25, 2010). The lawsuit of this case is brought by the Plaintiff and C for the payment of consolation money on the ground that the marital relationship between the Plaintiff and C has reached a bankruptcy due to the Defendant’s wrongful act between the Defendant and C. Thus, such claim falls under the claim for damages against a third party caused by divorce and falls under the exclusive jurisdiction of the Family Court (the Plaintiff and C currently fall under the claim for damages against the third party due to divorce).

As such, since the lawsuit of this case was filed in violation of the exclusive jurisdiction, the judgment of the first instance is revoked pursuant to Article 419 of the Civil Procedure Act, and it is so decided as per Disposition by the Chuncheon District Court to transfer the case to the original family branch of the original family branch of the defendant who is the competent court.

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