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. We examine ex officio the jurisdiction of the instant lawsuit as to the jurisdiction of the instant lawsuit.

A claim for damages caused by divorce, including a claim against a third party, shall be subject to the exclusive jurisdiction of a family litigation case of Category C under Article 2 (1) 1 (c) of the Family Litigation Act, and shall be subject to

(see, e.g., Supreme Court Decision 2009Da102964, Mar. 25, 2010). The instant lawsuit is a claim seeking consolation money on the ground that the Plaintiff’s marital relationship between the Plaintiff and C against the Defendant was extinguished due to the Defendant’s wrongful act with C.

However, comprehensively taking account of the overall purport of the arguments in Gap evidence No. 1, the plaintiff and C can be recognized as the termination of the marriage relationship on February 8, 2017, with the agreement divorce between the Seoul Southern District Court Decision 2016Da3648.

According to this, the plaintiff's 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.

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.