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(영문) 서울고등법원 2017.09.06 2017누40282

체류기간연장등불허가처분취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The plaintiff's marriage, child birth, and her birth and divorce 1 are married with B who is a national of Korea on June 2, 2006, as a foreigner of Vietnam.

8. 19. Entry into Korea

On April 1, 2009, the Plaintiff gave birth to C children D while married in Korea with B, and applied for naturalization on April 1, 2009.

In that situation, on October 14, 2009, the Plaintiff left the country with D as it is.

Accordingly, on November 10, 2009, B reported the fact that the plaintiff left home on November 10, 2009, and withdrawn the fidelity guarantee against the plaintiff.

The plaintiff's application for naturalization was rejected on May 7, 2010.

2) After that, on August 12, 2011, the Plaintiff filed a divorce lawsuit against B with the Seoul Family Court 201D 69810 (principal lawsuit). B also filed a divorce lawsuit against the Plaintiff on October 12, 2011 at the same court 201ddan8415 (Counterclaim). The Plaintiff and B were divorced, but D’s person with parental authority and custodian was designated as B, and the Plaintiff was established as two times a month from July 1, 2012 to D’s adult age until D’s adult age. (B) On July 5, 2012, the Plaintiff was granted the Plaintiff’s first status of stay with the resident status under the Immigration Control Act, whose status of stay was expressed as the spouse of the citizen’s spouse under the Immigration Control Act, but the Plaintiff was granted the Plaintiff’s status of stay with B-21, whose status of stay was changed to B-1, as prescribed by Presidential Decree No. 2161, Dec. 1, 2012.

2) After that, the Plaintiff’s permanent residence (F-6-2, a permanent residence qualification) as above, which was finally determined on August 19, 2014 at the end by the time limit for stay.