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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 August 30, 2009, the Plaintiff, as a foreigner of four arms, entered the Republic of Korea as a “spouse of a national” on November 7, 2009, after completing a marriage report with the nationality of the Republic of Korea, and entered the Republic of Korea as a “spouse of a national” [Article 12(F-2) of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 23274, Nov. 1, 201) [Article 12(Attachment 1) of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 23274, Nov. 1, 201)].
B. On December 15, 2014, B filed a lawsuit claiming divorce and consolation money (Seoul Family Court 2014ddan21184) against the Plaintiff. As to this, the Plaintiff filed a counterclaim against B on May 11, 2015 (2015ddan6472) to seek divorce, consolation money, and division of property (2015ddan6472). On April 28, 2016, the above court shall proceed to divorce between the Plaintiff (B) and the Defendant. The Plaintiff shall pay KRW 5 million to the Defendant as division of property, and the Defendant shall collect all the clothes and fixtures owned by the Defendant located in the Plaintiff’s residence, and the Plaintiff shall cooperate in the above collection procedure. Except as otherwise provided in the above, the Plaintiff and the Defendant shall confirm that each person’s name as of the date of the completion of the conciliation of this case belongs to its name, and it shall be concluded that the other party shall not claim all property, including consolation money and all property division due to divorce in the future.”
C. On November 4, 2016, the Plaintiff applied for extension of the period of stay to the Defendant, but the Defendant rendered a decision on October 25, 2017 on non-permission (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion becomes aware of the fact that B filed a divorce lawsuit from November 7, 2009 that entered the Republic of Korea.