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(영문) 수원지방법원 2020.08.14 2020구단484
체류기간연장불허처분취소
Text

1. The defendant's decision not to grant the extension of the period of stay against the plaintiff on January 13, 2020 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On June 14, 2012, the Plaintiff, as a foreigner of Chinese nationality, married with B who is a national of the Republic of Korea, and obtained a visa for marriage immigration (F-6) and stayed in Korea on July 15, 2013.

B. After consultation with B on April 14, 2017, the Plaintiff filed an application for the extension of the period of stay with the Defendant on July 16, 2018, the Plaintiff applied for the extension of the period of stay to the Defendant on July 16, 2018. However, the Defendant determined that the Plaintiff’s marital relationship with B is severed with B and does not fall under the requirements for the status of stay for marriage immigrants (F-6). However, on August 24, 2018, the Plaintiff was granted the status of stay for visiting and moving (F-1-6) to “foreigners who have been forced to stay in Korea due to family adjustment, etc. but are inevitable to stay in Korea due to family adjustment, etc.” (F-1-6) on August 24, 2018.

C. On November 13, 2018, the Plaintiff filed a lawsuit claiming consolation money (Seoul Family Court 2018ddan37782, hereinafter “instant lawsuit”) against the said B on December 21, 2018 after filing an application for the extension of the period of stay with the Defendant on November 13, 2018, and asserted that domestic stay is necessary to carry out the said lawsuit, and obtained the extension of the period of stay from the Defendant on January 3, 2019, on May 16, 2019.

On May 15, 2019, the Plaintiff again applied for the extension of the period of stay to the Defendant on the ground that the instant lawsuit is pending, and obtained the extension of the period of stay from the Defendant on May 24, 2019, on November 16, 2019.

On November 18, 2019, the expiration date of the period of stay, the Plaintiff filed an application for the extension of the period of stay again with the Defendant on the same grounds. The instant lawsuit filed by the Plaintiff was concluded as an order to dismiss the complaint on November 29, 2019 due to the Plaintiff’s failure to comply with the order to rectify address B.

Accordingly, on December 12, 2019, the Plaintiff filed a lawsuit claiming consolation money against B (Seoul Family Court 2019ddan76722).

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