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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. The Plaintiff is a citizen of the People’s Republic of China’s nationality, and was illegally staying while entering the country as a short-term visit qualification on January 30, 2003 and having attempted to expire the period of stay, and obtained permission to change the status of a resident (F-2, Nov. 1, 201, as amended by Presidential Decree No. 23274 on March 26, 201, according to the Enforcement Decree of the Immigration Control Act amended by Presidential Decree No. 23274 on November 1, 201, Article 12 [Attachment 1] 28-4 (F-6).
B. On October 30, 2013, when the Plaintiff had been granted several extensions of the period of stay, the Plaintiff applied for the extension of the period of stay to the Defendant (hereinafter “instant application”). On January 9, 2014, the Defendant rendered a disposition of denying the said application for permission due to lack of authenticity of marriage between the Plaintiff and B (hereinafter “instant disposition”).
[Recognition] Facts without dispute, Gap 1, Eul 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was married with the Plaintiff’s genuine will. However, the Plaintiff was married with B, but it was not good for B to gambling, and continues to maintain a normal marriage life.
Therefore, the instant disposition was made by mistake of facts, and is unlawful.
B. According to Article 25 of the Immigration Control Act, Article 12 [Attachment 1 28-4, Article 31(1), etc.] of the Enforcement Decree of the same Act, where an applicant applies for the extension of the period of stay to the permitting authority when submitting documents, etc. regarding the extension of the period of stay, the permitting authority shall investigate whether the applicant is the spouse of the true citizen or is the person eligible for marriage immigration, and determine whether to allow the extension of the period of stay in consideration of the applicant’s eligibility, purpose of stay, impact on the public interest, etc.
The extension of such period of sojourn shall be granted to foreigners by granting a new period of sojourn in excess of the original period of sojourn.