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(영문) 광주지방법원 2020.04.24 2019나60331
위자료
Text

1. Revocation of a judgment of the first instance;

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

Purport of claim and appeal

1..

Reasons

1. According to each description of evidence No. 2 and No. 7 of the Family Litigation Act (see, e.g., Supreme Court Decisions 2009Da102964, Mar. 25, 2010; 2013Da10104, May 16, 2014) as a family litigation case of Category C under Article 2(1)1 (c) and Article 2(2)2 of the Family Litigation Act, including a claim against a third party for a divorce judgment as to the jurisdiction of the lawsuit of this case, the Plaintiff and C have legal marital relations after filing a marriage report on December 30, 2010; and the Plaintiff’s claim for consolation money falls under the exclusive jurisdiction of the Family Court for a damages claim of KRW 30,000 due to an unlawful act of the Defendant and C, and the Plaintiff’s claim for consolation money falls under the exclusive jurisdiction of the Family Court for a divorce of KRW 30,000.

2. In conclusion, the judgment of the first instance is revoked pursuant to Article 419 of the Civil Procedure Act, and the case shall be transferred to the Gwangju Family Court, which is the family court where the defendant's general forum is located, and it is so decided as per Disposition.

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