1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On January 29, 2007, the Plaintiff, who has the nationality of the People's Republic of China, entered the Republic of Korea with the status of stay of residence (F-2) on January 10, 2008 after completing the marriage report with B of nationality of the Republic of Korea.

(The identification mark of the plaintiff was changed to F-6 by the revision of the Enforcement Decree of the Immigration Control Act. (B)

On January 8, 2009, the Plaintiff filed a divorce lawsuit against B with the Chuncheon District Court (the court 2009ddan48). The above court proceeded with B by public notice, and rendered a judgment of divorce on July 21, 2009, and the above judgment became final and conclusive on August 7, 2009.

C. On March 20, 2013, the Plaintiff applied for permission for change of status of sojourn to the Defendant’s permanent residence (F-5) status. However, on January 15, 2015, the Defendant rendered a decision of non-permission (hereinafter “instant disposition”) against the Plaintiff on the ground of lack of the authenticity of marriage.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 5 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion maintained the true marital relationship with B, but the marital relationship was not broken down due to the error of B.

Therefore, the disposition of this case, which was made on different premise, is erroneous in the abuse of discretionary power.

B. (1) Determination (1) Article 10(1) of the Immigration Control Act, Article 12 [Attachment 1] 28-4(c) of the Enforcement Decree of the Immigration Control Act, “a person recognized by the Minister of Justice, who is unable to maintain a normal matrimonial relationship due to any reason not attributable to himself/herself while staying in the Republic of Korea with his/her spouse,” means a person whose matrimonial relationship based on his/her true will is maintained by a national of the Republic of Korea and whose marital relationship is broken down due to a cause attributable to the other party. Therefore, the competent authority that filed an application for changing the status of stay