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(영문) 서울고등법원 2017.05.26 2016누71562

체류자격변경불허가처분취소

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s disposition of denying the extension of the period of stay against the Plaintiff on February 25, 2016.

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] [the status of sojourn as stipulated in [Attachment 1] [Attachment 1] subparagraph 27(F-2) Item (a) of Article 12 of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 23274, Nov. 1, 201; hereinafter the same shall apply as the status of sojourn as the status of sojourn as stipulated in [Attachment 1] Article 12 [Attachment 1] subparagraph 28-4 Item (F-6) Item (a) of the Enforcement Decree of the Immigration Control Act] and entered Korea for the extension of the period of sojourn, and made a divorce 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. On April 30, 2014, the Plaintiff filed an application for extension of the sojourn period with C who is a national of the Republic of Korea on June 13, 2014, after completing the marriage report with C, who is a national of the Republic of Korea.

After conducting a fact-finding survey on the change of marriage eligibility against the Plaintiff, the Defendant issued a disposition to refuse to file an application for extension of sojourn period on November 25, 2014 on the ground that “Is no authenticity of marriage” with C. D.

On February 16, 2015, the Plaintiff filed a lawsuit against C seeking a divorce and solatium 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 (Article 2015da10429 (principal lawsuit), 3382 (Counterclaim)). On September 25, 2015, the Plaintiff and C were divorced from the Plaintiff based on the principal lawsuit on the ground that the marital relationship with C was broken down due to a cause attributable to C’s main cause attributable to C, and the judgment dismissing C’s counterclaim’s counterclaim (hereinafter “instant judgment”).