1. Revocation of a judgment of the first instance;

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

Purport of claim and appeal

1...

1. The claim for damages on the grounds of a divorce, including the claim against a third party, is a case of family litigation of Category C as provided by Article 2(1)1(c) of the Family Litigation Act, and is under the exclusive jurisdiction of the family court.

(2) The Plaintiff’s claim constitutes a claim for damages against a third party based on divorce, since the Plaintiff’s claim constitutes a claim for compensation for damages against the third party on the ground of divorce, inasmuch as the Plaintiff’s claim constitutes a claim for compensation for damages against the third party on the ground that the divorce has occurred due to an unlawful act, such as having sexual intercourse with C, the Plaintiff’s spouse, on several occasions, and thus making a divorce with C.

Therefore, the lawsuit of this case belongs to the exclusive jurisdiction of the family court, and the court of first instance is the Daejeon Family Court which is the family court having jurisdiction over the defendant's general forum. Since the lawsuit of this case is filed with the court without jurisdiction and it violates the exclusive jurisdiction, it is reasonable to transfer it to the Daejeon Family Court

2. Accordingly, the judgment of the first instance is revoked pursuant to Article 419 of the Civil Procedure Act, and the case is transferred to the Daejeon Family Court. It is so decided as per Disposition.