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(영문) 청주지방법원 2019.07.11 2019구합5347
체류기간연장등불허가처분취소
Text

1. On January 16, 2019, the Plaintiff’s refusal to grant the status of stay granted to the Plaintiff is the instant complaint.

Reasons

1. Details of the disposition;

A. On September 23, 2015, the Plaintiff reported marriage with Nonparty B of Korean nationality, and entered the Republic of Korea as the status of stay for marriage immigration (F-6) on November 28, 2015.

B. On January 6, 2016, the Plaintiff issued an alien registration certificate and then withdrawn on February 13, 2016, and on April 12, 2016, B filed a lawsuit seeking nullification of marriage (No. 2016ddan1011) with the Daejeon Family Court’s Support, and issued a judgment on October 6, 2016 to the effect that “a marriage between the Plaintiff and B shall be confirmed as null and void.”

Although the Plaintiff appealed against the above judgment, the Daejeon Family Court rendered a judgment dismissing an appeal on February 9, 2017 (No. 2016Reu473). The said judgment became final and conclusive upon the Plaintiff’s appeal to withdraw the appeal on March 3, 2017.

C. The report of marriage between the Plaintiff and B is on May 12, 2017.

In accordance with Article 68 (3) of the Immigration Control Act, the period of departure shall be set when the defendant revokes the status of stay of the plaintiff's marriage immigration (F-6) on July 26, 2017 and when he/she issues an order for departure pursuant to Article 68 (3) of the Immigration Control Act (finally postponed until February 24, 2019), and the period of departure may be postponed pursuant to Article 33 (1) of the Enforcement Rule of the Immigration Control Act.

To the end, the order of departure was issued.

Meanwhile, the Plaintiff gave birth to Nonparty C as of D date, and filed a claim for recognition, parental authority, and child care application (2017ddan5895) against Cheongju District Court Cheongju District Court Cheongju District Court : (a) decided January 31, 2018 to the effect that “E is the natural father of E; (b) E is the natural father of E; (c) the designation of the Plaintiff as a person with parental authority and child care; and (d) the said judgment became final and conclusive on February 20, 2018.

E. On May 13, 2018, the Plaintiff filed an application for Korean nationality with E on May 13, 2018, and filed an application for renunciation of Vietnam’s nationality on May 18, 2018.

F. On August 13, 2018, the Plaintiff filed an application with the Defendant for status of stay (hereinafter “instant application”). However, the Plaintiff applied for status of stay (hereinafter “instant application”).

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