1. Revocation of a judgment of the first instance;

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

Purport of claim and appeal

1..

1. A claim for damages arising from a divorce as to the jurisdiction of the instant lawsuit is a multi-class family litigation case as provided by Article 2(1)(c)(ii) of the Family Litigation Act, including a claim against a third party (see Supreme Court Decision 2009Da102964, Mar. 25, 2010) and is under the exclusive jurisdiction of the family court (see Supreme Court Decision 2009Da102964, Mar. 25, 2010). The instant lawsuit is a claim for the payment of consolation money on the ground that

Such a claim is subject to the exclusive jurisdiction of the Family Court because it constitutes a claim for damages against a third party on the ground of divorce.

2. If so, the instant lawsuit was brought in violation of an exclusive jurisdiction, and thus, the judgment of the first instance is revoked pursuant to Article 419 of the Civil Procedure Act, and shall be transferred to the Incheon Family Court, which is the general forum of the