(영문) 청주지방법원 2015.03.26 2014구합11507

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(영문) 청주지방법원 2015.03.26 2014구합11507

체류기간연장등불허가처분취소

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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 November 11, 2004, the Plaintiff as a foreigner of the nationality of the People's Republic of China (hereinafter "China") completed a marriage report with B who is a national of the Republic of Korea, and entered the Republic of Korea on April 27, 2005 as the spouse status of the citizen.

B. On October 6, 2008, the Plaintiff filed a lawsuit against B for divorce, etc. with the Seoul Family Court as 2008da93691, on the ground that B, from around June 2008, had been under duty to support as the husband and wife, and the said court rendered a judgment on April 30, 2009, stating that “The Plaintiff and B shall be divorced. B shall pay the Plaintiff 2,00,000 won as consolation money,” and that the said judgment became final and conclusive on May 26, 2009, the Plaintiff and B divorced (hereinafter “instant divorce”).

C. On October 7, 2014, the Plaintiff applied for the extension of the stay period to the Defendant as the status of stay for marriage immigrants.

However, as a result of the fact-finding survey, the defendant did not lead a normal marital life with B, and judged that the reason for the divorce of this case is unclear, and rejected the extension of the period of stay.

(hereinafter "Disposition in this case"). 【No dispute exists, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 1 through 7, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff was rendered not guilty of the crime of false entry into public electromagnetic records, etc., and that the Plaintiff should pay consolation money to the Plaintiff in the judgment rendered in the instant divorce lawsuit, the Plaintiff was not only married with B but also engaged in a genuine marital life after the marriage with B, and the instant divorce was entirely attributable to B.

Nevertheless, the Defendant rendered the instant disposition on the ground that the Plaintiff and B did not lead a normal marital life and that the cause for the divorce of this case is unclear. The instant disposition based on mistake of facts.

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