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(영문) 수원지방법원 2015.05.19 2014구합56216
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. The Plaintiff, a Vietnamese national, filed a marriage report with B who is a national of the Republic of Korea around 2008, and entered the Republic of Korea as the status of stay on February 24, 2008 (F-2) and stayed in Korea.

B. The Plaintiff divorced from B on April 2009, and the Plaintiff remarriedd with C on February 9, 2010.

The Plaintiff filed a divorce lawsuit against C, and on March 20, 2012, from which the said lawsuit (the Seosan Branch of the Daejeon Family Court 2011ddan1456 divorce), “the Plaintiff and C are divorced. The Plaintiff and C, in relation to the instant divorce in the future, shall not claim for property regardless of their names, such as consolation money, division of property, etc., in relation to the instant divorce.” Accordingly, the Plaintiff and C have been divorced.

C. On July 17, 2012, the Defendant changed the Plaintiff’s status of stay to the status of stay (F-16) due to divorce with C, and subsequently changed the Plaintiff’s status of stay to the status of stay (G-13) according to the Plaintiff’s application for review on the decision of recommending reconciliation (Sasan Branch of the Daejeon Family Court).

On January 22, 2013, the Plaintiff filed an application for naturalization with the Defendant on May 15, 2013, and the Plaintiff was permitted to change his/her status of stay to sojourn status as a visiting agent (F-17). However, on October 23, 2013, the Plaintiff was denied the said application for naturalization.

Then, on June 19, 2014, the Plaintiff filed an application for change of status of stay with the Defendant for the status of stay at the marriage division (F-6-3). However, on July 8, 2014, the Defendant notified the Defendant that he/she will leave the Republic of Korea by July 22, 2014, without permission on the ground of “Submission of objective supporting materials for the cause attributable to his/her spouse.”

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1, 5, and 6, Eul’s evidence No. 1, witness D’s testimony, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is divorced from B.

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