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(영문) 인천지방법원 2016.10.21 2016구합51225

체류자격변경불허가처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, a national of the People's Republic of China (hereinafter referred to as "China"), filed a marriage report with B who is a national of the Republic of Korea, and on May 9, 2007, entered the Republic of Korea as the status of sojourn [Attachment 1] [Attachment 1] [Attachment 2(F-2)] No. 27(a) of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 23274, Nov. 1, 201), and entered the Republic of Korea as the status of sojourn under [Attachment 1] No. 28-4(F-6) Item (a) of the current Enforcement Decree of the Immigration Control Act (hereinafter referred to as "the same status as the "spouse's status of sojourn of a national"] and entered the Republic of Korea as the extension of the period of sojourn, and consulted with B on June 7, 2011.

B. Accordingly, on December 26, 2013, the Defendant changed the Plaintiff’s status of stay to a visiting Dong (F-1) to leave the Republic of Korea after family settlement following a divorce with B on December 26, 2013, and determined the period of stay by June 19, 2014.

C. After completing a marriage report with C on April 30, 2014, the Plaintiff applied for the extension of the sojourn period as the spouse (F-6) status on June 13, 2014. However, the Defendant issued a disposition to refuse the application for extension of sojourn on the ground that there is no authenticity of marriage with C on November 25, 2014 after conducting a fact-finding survey on the change of the status for marriage against the Plaintiff.

On February 16, 2015, the Plaintiff filed a lawsuit against C seeking a divorce and consolation money of KRW 10 million, alleging that the marital relationship with C was broken down due to a cause attributable to C, and thereafter, C filed a counterclaim against the Plaintiff seeking a divorce (Seoul District Court Decision 2015ddan10429 (principal lawsuit), 3382 (Counterclaim), and September 25, 2015). On September 25, 2015, the Plaintiff and C divorced from the Plaintiff on the principal lawsuit on the ground that the marital relationship with C was broken down due to the main cause attributable to C, “A divorce is made by the principal lawsuit, and C pays consolation money of KRW 1 million to the Plaintiff,” and the judgment dismissing C’s counterclaim’s counterclaim was rendered (hereinafter “judgment of divorce”). This was decided on September 25, 2015.