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Chapter 448 Dispute over Borrowing a House (13)

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    ?

    "No." Wang Wei said.

    "Impossible." Wang Qi and Wang Mei said in unison.

    There is no sense of trust between people, even between biological brothers and sisters.

    Since intercession is unclear, fortunately, there is still room for courts to reason.

    Lin Ziyao said: "Presiding judge, the defendant requested to ask the plaintiff questions."

    "Agree." Zhang Ying said.

    Lin Ziyao asked: "The plaintiff has always insisted that the actual owner of the disputed house is the plaintiff, not Wang Dashan and the defendant Guo Ping, so may I ask why the property rights transfer procedures have not been handled for more than ten years after obtaining the real estate certificate in 2001  ?¡±

    Wang Wei was questioned.

    "Because Wang Dashan and Guo Ping are still alive, Mr. Wang Wei did not propose to do it out of filial piety." Cao Hui said.

    "Yes, that's right." Wang Wei said.

    Lin Ziyao said: "Mr. Wang Wei just said that when the housing reform was carried out in 1997, he had already agreed to buy a house under the name of the owner. Then the transfer of the property according to the agreement is just a performance of the contract. How can we talk about filial piety?"

    "Even if the real estate is transferred, Wang Dashan and Ms. Guo Ping can still live in the disputed house."

    "The actual situation is that during the housing reform in 1997, because Mr. Wang Wei contributed part of the purchase price, Wang Dashan and Ms. Guo Ping wrote a document in November 1997, stating that after their death, the house would be owned by the plaintiff Wang Wei.  Mr. Wang Dashan and Ms. Guo Ping expressed that they had made a will, not as the plaintiff thought, because the real estate was funded by him, so it was his. What Wang Dashan and Ms. Guo Ping said was that the plaintiff would inherit the house after they passed away.  Plaintiffs have misunderstood the legal relationship."

    "Here, Lawyer Cao, she" Wang Wei pulled Cao Hui's sleeve.

    Cao Hui said: "Don't worry, I'll talk about it later during the debate."

    Wang Wei gave up for now.

    "The two sides haven't supplemented the facts yet?" Zhang Ying asked.

    "No more." Cao Hui said.

    "No." Lin Ziyao said.

    "The next step is to enter the debate stage." Zhang Ying said.

    Cao Hui said: "Dear presiding judge, on behalf of the plaintiff Wang Wei, I would like to make the following argument: the house in dispute in this case belongs to the plaintiff. In 1997, the flat of the plaintiff's father, Wang Dashan, carried out housing reform.  After considering it, they reached an agreement with the plaintiff Wang Wei that in the name of Wang Dashan, Wang Wei actually contributed to purchase the disputed house, and the actual owner of the house should be the plaintiff Wang Wei. The reason for borrowing the names of Wang Dashan and Ms. Guo Ping is because  At that time, Wang Wei was not qualified to purchase a house. Without the plaintiff¡¯s contribution in 1997, Wang Dashan and Guo Ping would not have purchased the disputed house. Wang Dashan and Guo Ping did not have the willingness and ability to purchase the disputed house. Therefore, subjectively  In terms of willingness and objective ability, the plaintiff is the powerful owner of the house in dispute."

    "In addition, Wang Dashan and Guo Ping once said that the house in dispute was changed to be owned by Wang Qi and Wang Mei, but they did not provide corresponding evidence, so the court should not accept it." Cao Hui said.

    On this point, Lin Ziyao also understands that Wang Dashan did not leave a new will before his death, so it is useless to rely solely on Guo Ping's statement. Guo Ping can represent himself, but not Wang Dashan.

    "The defendant replied." Zhang Ying said.

    Lin Ziyao said: "Dear presiding judge, I express the following arguments on behalf of the three defendants. First, the disputed house is owned by Wang Dashan and Guo Ping, and has nothing to do with the plaintiff. In this case, although the plaintiff confirmed that the disputed house  The purchase was funded by the three defendants, and the three defendants did not raise any objections. However, in addition to the fact of capital contribution, the plaintiff should also provide evidence to prove that there was indeed an agreement to register under the name of Wang Dashan and Guo Ping. In the certificate written by Wang Dashan and Guo Ping submitted by the plaintiff  , although the fact that Wang Wei contributed capital was stated, but the fact of registration under the name of a borrower was not mentioned, so the plaintiff¡¯s claim cannot be established. And it can be seen from the certificate that what Wang Dashan and Guo Ping expressed was that after their death, the house  It is owned by the plaintiff, which means inheritance. Second, the housing reform is a specific product of a specific stage of China¡¯s housing policy. It is stipulated that only employees of the unit can buy it and a family can only enjoy the preferential policy of housing reform once. The plaintiff does not have the qualifications for housing reform.  If the house is owned by the plaintiff, it is a violation of national laws, regulations and policy regulations."

    "In summary, the plaintiff Wang Wei does not enjoy the ownership of the disputed house, but only the right of inheritance." Lin Ziyao said.

    ?Because my country's housing policy has undergone multi-stage adjustments, there are currently a wide variety of real estate in my country, including ordinary commercial housing, affordable housing, dual-limit housing, and self-occupied commercial housing.  Among them, affordable housing and other policy-based security housing are housing that the state guarantees the living rights and interests of specific groups of people, mainly low-income groups.  If the borrower violates the relevant policies and regulations, purchases policy-based affordable housing, andIf it is recorded in the name of another person, if the borrower claims to confirm the ownership of the house or requires the registrant to register the transfer of house ownership according to the agreement between the two parties, it will generally not be supported.

    Zhang Ying nodded, he already had some concerns about this case.

    "Do both parties have anything to add to the case?" Zhang Ying asked.

    Cao Hui said: "The court is requested to support all the plaintiff's claims."

    Lin Ziyao said: "Please the court reject all the plaintiff's claims."

    "Go back and think about it again to see if we can mediate." Zhang Ying said.

    This line seems to have become a fixed line in family disputes. Almost every judge will confess this line after the court session. It can be regarded as a good wish for the case.

    Zhang Ying tucked the case file under her arm and was about to walk out of the court.

    Suddenly, Zhang Ying stopped, turned around, and said meaningfully: "Go back and think about it, don't let your father down, let his old man feel uneasy in heaven, they are all grandparents."

    Except for Zhang Ying, the audience was shocked and stared at Zhang Ying blankly as if they had been cast with a spell of fixation.

    Zhang Ying scratched her head, raised her eyebrows, and walked out of the court, leaving behind a group of shocked people.

    After two months, the case was judged, and the court rejected all of Wang Wei's claims.  The main text of the judgment reads: "In this case, the plaintiff claims that there is a relationship between Wang Dashan and the defendant Guo Ping to buy a house under the name of others, and based on this contractual relationship, he asks Wang Dashan's successor to assist him in the transfer of the property rights of the disputed house. The plaintiff Wang Wei  Bear the burden of proof for this. The evidence written by Wang Dashan and Guo Ping and Guo Ping¡¯s statement submitted by the plaintiff can prove that the disputed house was actually purchased by Wang Wei. Although the plaintiff Wang Wei has confirmed that the purchase of the disputed house was funded by him,  However, this investment behavior cannot directly prove that he has a contractual relationship with Wang Dashan and Guo Ping to buy a house under the name of Wang Dashan, and it can be seen from the content of the certificate that "the property right shall be owned by Wang Wei after our death".  The opinion on the ownership of the house did not directly state that there is a contractual relationship with Liu to buy a house in the name of another.¡± In summary, the evidence submitted by the plaintiff Wang Wei is not enough to prove that there is a contract to buy a house in the name of Wang Dashan and Guo Ping.  The court did not support its claim.  (Remember the site URL: www.hlnovel.com
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