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(영문) 서울행정법원 2016.11.28 2016구단54131
체류기간연장등불허가처분취소
Text

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 December 13, 2007, the Plaintiff, who has the nationality of the People's Republic of China (hereinafter "China"), entered the Republic of Korea as a sojourn status of residence (F-2) on July 29, 2008 after completing a marriage report with B of nationality of the Republic of Korea.

B. On December 17, 2008, B filed a divorce suit with the Seoul Family Court under the Seoul Family Court Decision 2008Ddan119135, and was sentenced by public notice on April 21, 2009 by the above court, but thereafter, the plaintiff filed a subsequent appeal and counterclaim (Seoul Family Court Decision 2009Redu1949 (principal lawsuit), 2009Redu2324 (Counterclaim))) with the purport that "B and the plaintiff are divorced due to a cause attributable to B" (hereinafter "redemy recommendation decision of this case"), and as the above Redemy decision became final and conclusive at that time, B and the plaintiff became divorced.

C. On March 26, 2015, the Plaintiff filed an application for permission to change the status of stay to the status of stay for marriage immigrants (F-6). However, on June 11, 2015, the Defendant rendered a decision of non-permission (hereinafter “instant disposition”) against the Plaintiff on the ground that the lack of the authenticity of marriage and the cause attributable to the spouse is unclear.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Plaintiff’s assertion 1) Although the Plaintiff maintained a genuine matrimonial relationship with B, the instant disposition based on a different premise is unlawful as a deviation or abuse of discretionary authority, even though the marital relationship was caused by a cause attributable to B0,000. (2) The Defendant changed the Plaintiff’s status of stay to F-2-1 (the spouse of a national) upon the Plaintiff’s request on August 2010, thereby making the Plaintiff trusted that he/she can legally stay in the Republic of Korea and stay in the Republic of Korea based on his/her trust, and thus, the instant disposition is unlawful.

(b) the attached Form of the relevant statute;

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