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(영문) 인천지방법원 2015.09.24 2015구합53
체류기간연장등불허가처분취소
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 reported marriage with B who is a national of the Republic of Korea on May 22, 2007, and pursuant to the Enforcement Decree of the Immigration Control Act amended by Presidential Decree No. 23274 on November 1, 201, as amended on November 9, 2007, the Plaintiff constitutes Article 12 [Attachment 1] 28-4. Marriage immigration (F-6-A).

Status of stay entered Korea.

B. Around November 2008, the Plaintiff filed a lawsuit claiming a divorce against B, and the decision of recommending a compromise with B, which stated that “the Plaintiff and B shall be divorced due to reasons attributable to B,” which is “The Plaintiff and B, in the future, waives all property claims, such as solatiums and division of property, and do not raise any civil or criminal objection against the other party.”

C. By January 10, 2013, the Plaintiff was granted the extension of the period of stay as a marriage immigration status (F-6) and applied for a change of the status of stay as a permanent resident status (F-5) twice during that period. However, upon filing an application for change of the above qualification, the Defendant changed the Plaintiff’s status of stay to the visiting stay status (F-1 and March 16, 2014) in order to grant the Plaintiff whose period of stay as a marriage immigration (F-6) expires, upon granting the period of stay to adjust the domestic affairs to the Plaintiff whose period of stay expires.

On November 25, 2013, the Plaintiff filed an application with the Defendant for change of status of stay in the capacity of marriage immigration (F-6), but the Defendant rendered the instant disposition rejecting the said application on the ground that “the spouse does not have any grounds entirely attributable to his/her spouse” on December 30, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 4, 7 through 9, Eul evidence 1 and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion B did not pay the Plaintiff’s living cost after marriage, and the Plaintiff abused and abused the Plaintiff, and driving away from the house.

The plaintiff is divorced due to the above reasons attributable to B, and thus the status of stay for marriage immigrants (F-6) can be maintained.

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