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 for the payment of consolation money against the Defendant on the ground that the marital relationship between the Plaintiff and C has occurred due to the Defendant’s wrongful act.

However, in full view of the purport of the entire pleadings, the Plaintiff and C may recognize the fact that the marriage relationship has been terminated on October 15, 2020, which was after the pronouncement of the first instance judgment (this conciliation), by establishing a divorce (this conciliation), which was established on October 15, 2020.

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 it is so decided as per Disposition by the Seoul Family Court.