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(영문) 서울행정법원 2016.03.28 2015구단61774
체류기간연장등불허가처분취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

We examine the legitimacy of the lawsuit.

On September 16, 2015, the Plaintiff sought revocation of each of the above dispositions if the Defendant decided not to allow the extension of the period of stay for marriage immigrants (F-6) and ordered to depart from the Republic of Korea.

The existence of administrative disposition, which is the object of litigation in administrative litigation, is an ex officio matter as a litigation requirement and can not be a confession.

(See Supreme Court Decision 92Nu15499 delivered on July 27, 1993, etc.). According to the evidence Nos. 1-3 and Nos. 1-6, the plaintiff filed a marriage report with B, who is a national of the People's Republic of China, on March 9, 2006, and was granted to the spouse of the citizen at the time of marriage (F-2) on April 19, 2006, the qualification of the resident (F-2), who was granted to the spouse of the citizen at the time of qualification for marriage, was currently separated into the status of marriage immigration (F-6).

The plaintiff entered the Republic of Korea on November 15, 2006; ② The plaintiff obtained permission for change of status of sojourn (F-1. March 13, 2007 on the expiration date) with the qualification of visiting Dong (F-1) on December 13, 2006; ③ The plaintiff, while illegally staying after the expiration of the above period of sojourn, filed a lawsuit claiming consolation money against B on June 9, 2008 (the claimed amount of five million won; the Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch of Jun. 11, 2008; the defendant applied for permission for change of status of sojourn on June 11, 2008; ④ The plaintiff applied for permission for change of status of sojourn for reasons of the above unlawful stay (G-1) and did not obtain the above permission for change of status of sojourn within 200,000 won on July 27, 2009).

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