1. Revocation of a judgment of the first instance;

2. The Seoul Family Court shall transfer the instant case to another family court.

Purport of claim and appeal

1...

1. The claim for damages on the ground of a divorce as to the jurisdiction of the lawsuit of this case 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

(See Supreme Court Decision 2009Da102964 Decided March 25, 2010, etc.). Since the instant lawsuit was filed by the Defendant with C by committing an unlawful act with the Plaintiff’s spouse, and the judgment of the court of first instance, the Plaintiff, after which the judgment of the court of first instance, became final and conclusive, made the Plaintiff seek the payment of consolation money on the ground that the marital relationship has broken down due to the failure of agreement with C, the Plaintiff’s claim constitutes a claim for compensation against a third party based on divorce.

Therefore, the lawsuit of this case is subject to the exclusive jurisdiction of the family court, and the court of first instance is the Seoul Family Court, which is the family court having jurisdiction over the defendant's general forum, and it is reasonable to transfer it

2. In conclusion, the first instance judgment is revoked pursuant to Article 419 of the Civil Procedure Act, and the case is transferred to the Seoul Family Court, and it is so decided as per Disposition.