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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, as a man of the People’s Republic of China (hereinafter “China”), entered the Republic of Korea on June 18, 2006 with the sojourn status of visit and movement (F-1), and completed a marriage report with B who is a national of the Republic of Korea on March 22, 2007, and completed the marriage report with B on June 22, 2007, as amended by Presidential Decree No. 23274 on November 1, 201, falls under Article 12 [Attachment 1] of the Enforcement Decree of the Immigration Control Act as amended by Presidential Decree No. 23274 on November 1, 201.
The status of stay has been changed by qualification to stay in the Republic of Korea.
B. On November 9, 2010, the Plaintiff applied for a change of sojourn status to the Defendant as permanent resident (F-5). However, the Plaintiff was denied on the grounds of non-existence of residence with his/her spouse. On April 23, 2012, the Plaintiff applied for a change of sojourn status to the Defendant as permanent resident status, but revoked the said application on December 12, 2012.
C. On December 14, 2012, the Plaintiff applied for the extension of the period of stay to the Defendant as a marriage immigration (F-6). However, after examining the Plaintiff’s marital life status, etc., the Defendant rejected the Plaintiff’s application for extension of the period of stay on May 9, 2013 on the ground of his/her spouse’s unknown stay.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 6, the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the plaintiff maintains a real marital life by reporting the marriage with B and residing together with B. Thus, the disposition of this case based on erroneous facts is unlawful.
(b) as shown in the attached Form of the relevant statutes;
C. Determination under Article 10(1) of the Immigration Control Act and Article 12 [Attachment 1] 28-4(a) of the Enforcement Decree of the same Act refers to a person who maintains a matrimonial relationship based on the true will of a citizen of the Republic of Korea. The competent authority that received an application for extension of the period of stay by asserting that a spouse of a national of the Republic of Korea is a spouse of the citizen of the Republic of