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(영문) 서울행정법원 2014.11.14 2014구합10363
체류기간비자연장등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On October 30, 2010, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the People's Republic of China (hereinafter referred to as "China"), with a short-term visit (C-3) sojourn status on a short-term basis, and left Korea on January 16, 201, and completed a marriage report with a national of the Republic of Korea on January 21, 201, and re-entry into the Republic of Korea as the spouse (F-2) sojourn status of the citizen on April 18, 2011.

On October 17, 2013, the Plaintiff’s abusive language and outlined to leave the Plaintiff.

A lawsuit was filed against B claiming divorce, etc. on the ground of the Gu

(Seoul Family Court Decision 2013Ddan76652). B did not respond thereto, and thus, on January 22, 2014, the judgment was rendered and confirmed on January 22, 2014 that “the Plaintiff and B shall be divorced.” The Plaintiff and B divorced (hereinafter “instant divorce”).

On March 26, 2014, the Plaintiff applied for the extension of the sojourn period to the Defendant as the status of stay for marriage immigration (F-6).

However, on June 5, 2014, the Defendant denied the extension of the period of stay on the grounds of “the lack of authenticity of the marriage and the uncertainty of the spouse’s causes attributable to the Defendant,” and the Defendant cited “other grounds” as the grounds for disposition other than “the lack of authenticity of the marriage and the uncertainty of the spouse’s causes attributable to the death” in the instant disposition document (Evidence A6). However, in light of the background of the instant disposition, the Defendant’s assertion and the evidence submitted in the instant case, the Defendant’s “the lack of authenticity of the marriage and the uncertainty of spouse’

I would like to say.

The following is determined on the premise that “the lack of authenticity of the marriage and the uncertainty of the cause attributable to the spouse” is the cause of the disposition of this case.

On June 19, 2014, a disposition to leave the Republic of Korea was issued (hereinafter “instant disposition”).

【Ground of recognition】 The Plaintiff’s assertion as to the legitimacy of the disposition of this case as a whole, including the fact that there is no dispute, Gap’s Nos. 1, 4, and 8, and the purport of the entire pleading, is legitimate. B after the marriage with Eul.

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