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(영문) 서울행정법원 2015.11.20 2015구단56420
출국명령처분취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 21, 2003, the Plaintiff filed a marriage report with C, who is a Chinese national national of the Republic of Korea, in the name of B, and on June 8, 2003, entered into the above B passport (hereinafter referred to as “F-2”) and stayed on May 6, 2005.

B. On July 27, 2005, the Plaintiff reported a marriage with D who is a national of the Republic of Korea. On November 28, 2005, the Plaintiff entered the Republic of Korea upon obtaining the status of stay (F-2) with the Plaintiff’s passport (hereinafter “second passport”) on November 28, 2005.

C. Meanwhile, around September 13, 2006, C filed a divorce lawsuit against B and the judgment of divorce by service by public notice became final and conclusive on June 14, 2007.

On March 11, 2009, the plaintiff filed a divorce lawsuit against D on July 22, 2009, and the judgment of divorce was finalized on August 12, 2009.

E. On April 23, 2010, the Plaintiff reported a marriage with C on April 23, 2010, filed an application for extension of sojourn period along with C on May 1, 2010, and was granted permission for extension of sojourn period on July 12, 2010.

F. On November 20, 2012, the Plaintiff applied for the status of permanent residence (F-5) on which he/she obtained the status of permanent residence (F-5) on March 20, 2013.

G. On March 18, 2015, the head of the Defendant Immigration Office issued a departure order to the Plaintiff under Articles 7(1), 46(1)1, and 68(1)1 of the Immigration Control Act (hereinafter “Act”), and the Plaintiff filed a lawsuit seeking revocation of the said departure order. On April 10, 2015, the said Defendant’s revocation of the said departure order ex officio was dismissed.

H. On May 18, 2015, the head of a branch office of the Seoul Immigration Office revoked the Plaintiff’s permanent residence (F-5) status on May 18, 2015 pursuant to Article 89 of the Act.

(hereinafter referred to as "the revocation of status of stay in this case").

The head of the Seoul Immigration Office ordered the Plaintiff to depart on May 29, 2015 pursuant to Articles 7(1), 46(1)1, and 68(1)1 of the Act.

(hereinafter referred to as "the order for departure of this case").

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