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(영문) 서울행정법원 2015.05.01 2015구단1215
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. On June 2002, the Plaintiff entered the Republic of China as a foreigner of the People's Republic of China's nationality and departs from the Republic of Korea on May 2005, 2005 again, and entered the Republic of Korea on February 2, 2006 on or around January 2009, but entered the Republic of Korea on or around March 28, 2009, again, entered the Republic of Korea as a sojourn status for visiting employment (H-2) on March 28, 2009, and after reporting a marriage with B on December 16, 2009, changed the status of stay to the spouse of the citizen (F-2-1, current F-6-1).

B. On January 20, 2014, the Plaintiff filed a lawsuit with the Seoul Family Court (2014da4210) claiming divorce and consolation money on the grounds of false speech, living ability, unfair treatment, malicious abandonment, etc., and the Plaintiff and B were brought a lawsuit by public notice with respect to B on August 14, 2014, and on August 14, 2014, the Plaintiff and B divorced. The Plaintiff rendered a favorable judgment with respect to “B shall pay consolation money to the Plaintiff KRW 5,00,000 and its delay damages.” The said judgment became final and conclusive around that time.

C. On October 13, 2014, the Plaintiff filed an application for extension of the period of stay in the capacity of a person who was married to married to a marriage (F-6-3). However, on January 20, 2015, the Defendant rendered a decision to deny the extension of the period of stay (hereinafter “instant disposition”) against the Plaintiff on January 20, 2015, to deny the extension of the period of stay due to “other reasons, such as lack of proof of causes attributable to the former spouse”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 5, 9 through 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the marriage relationship B took place during the marriage and took place in a false speech and behavior during the marriage, and the Plaintiff was treated unfairly, such as disregarding and destroying the Plaintiff, and immediately after the prosecution, the marriage relationship was broken down due to the unilateral cause attributable to B, such as malicious abandonment of the Plaintiff, etc., and the Plaintiff who fulfilled his/her duty as a husband and wife, was divorced upon the judgment that the divorce was attributable to B by filing a divorce lawsuit.

Therefore, the plaintiff is in a genuine marital relationship with B.

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