Lawyer

Chapter 150 The judge's heart is as deep as the sea
"We went to the real estate registration department to conduct due diligence. According to the feedback from the window staff, the parking spaces are all in the name of the real estate developer, and there are no other right holders." The old lawyer said.

"In addition to investigating with the relevant departments, have you asked the owners of the community? So many parking spaces are in use, don't you realize that the parking spaces may have been sold, or that there are other people's rights in the parking spaces?" the male judge asked. .

While the old lawyer was trying to figure out a solution, the young lawyer next to him misunderstood what the old lawyer meant and said, "At that time, the developer told us that the owners parked randomly, and most of the parking spaces were used by the developer himself."

As soon as the little lawyer spoke, the old lawyer thumped in his heart, and gave her a hard look, blaming her for being talkative.But the words have been spoken and cannot be taken back, the old lawyer can only think of other strategies.

"Commercial Bank Law of the People's Republic of China No. 30 Article [-] stipulates that...the commercial bank shall strictly examine the repayment ability of the guarantor, the ownership and value of the collateral and pledge, and the feasibility of realizing the mortgage and pledge.

Article 20 of No. [-] of the "General Rules on Loans" stipulates that loan investigation: After accepting the borrower's application, the lender shall investigate the borrower's credit rating and the legality, safety, and profitability of the loan, and verify the collateral and pledges. , The situation of the guarantor, and determine the risk of the loan.

The above-mentioned laws and regulations clearly stipulate that banks are obliged to conduct a prudent review of collateral when setting up guarantees for external loans.

As a professional financial institution, the appellee's bank knew that the collateral (parking space) may have other people's rights when it is used by others, but did not investigate further. It only listened to the developer's side and issued an investigation document. You have really done what is necessary. duty of care? "The male judge said.

The old lawyer was upset by what the judge said, but so what, he could only bear it, his old face had already been trained to be impenetrable.But the little lawyer next to him looked a little unnatural, and she felt that the judge was targeting them.

"The appellee believes that when the appellant purchased the parking space, there was already a prior mortgage on the parking space, that is, the purchase of the parking space by the appellant is a transaction during the duration of the mortgage right.

The appellant knew that there was a mortgage on the parking space and still bought it. He should know that there is a risk that the ownership cannot be transferred. Even if the parking space involved in the case has not been mortgaged to the appellee, there is still "one parking space sold twice" or being mortgaged to a third party again. risks of.

Therefore, regardless of whether the appellee conducted further investigations, the appellant was at fault. "The old lawyer finally thought of the way to attack the judge. Of course, this kind of attack is in disguise. He dare not directly attack him, because what he said is right, the bank did make mistakes.

"The appellee, you say that the appellant bought and sold the parking space during the duration of the mortgage. Who is the mortgagee?" the male judge asked.

"The mortgagee is an individual. The specific name is recorded in the case file of the first instance. I don't remember it." The old lawyer said.

"Appellant, do you know about this?" The male judge looked at Fang Yi.

"I am not the agent of the first instance of this case. I have read the case files. When the appellant purchased the parking space, there was indeed a mortgage on the parking space, but the mortgage was canceled after the appellant purchased the parking space. The appellant believes that the The canceled mortgage does not constitute an obstacle to the transfer of the parking space." Fang Yi said.

"Respondent, is that so?" asked the male judge.

"Yes, before the appellee made the mortgage, the previous mortgage on the parking space was cancelled. But this does not exonerate the appellant's fault." The old lawyer insisted on this point.

"Is the previous mortgagee related to you?" the male judge asked.

"It doesn't matter." The old lawyer said.

"Since it has nothing to do with this case, what is the legal basis for you to claim that the appellant is at fault?" the male judge asked.

The old lawyer misfired.The little girl next to him felt too aggrieved and wanted to argue a few words, but the old lawyer stopped her.The old lawyer knew there was no point in arguing like this.

He was thinking about how to go back and explain to the people in the bank, because their law firm sent people to follow the bank people to do all the collateral before. If the case was lost because of due diligence, I am afraid that the law firm will want to follow up with the bank in the future. It is difficult to cooperate with banks, and if they fail to do so, their own business will also be affected.

Fang Yi, who was sitting across from the appellant's seat, was in a good mood at the moment, but he didn't dare to take it lightly, because he had heard from a classmate who was a lawyer in the capital that the judge reprimanded or chased one party in court. Asking questions, or even digging up the roots of the ancestors' graves, does not mean that the judge will definitely rule that the other party wins.

It may be that a certain sentence from the other party offended the judge, or that the judge had a quarrel with his wife that morning and wanted to vent, or just wanted to figure out some problems.In short, a judge's heart is as deep as the sea, and he can't figure it out in many cases!
……

"Now make the final statement, the appellant's statement." The male judge said.

"The appellant believes that the appellant enjoys civil rights and interests sufficient to exclude the enforcement by the people's court for the parking space involved in the case, and requests the court to order the revocation of the first-instance judgment, amend the judgment according to law, or send it back for retrial. The reasons are as follows:

70. Although the parking space purchased by the appellant is not a residence, it is a necessary facility to meet the needs of the owner's residence. Paragraph [-] of Article [-] of No.[-] of the "Property Law of the People's Republic of China" stipulates: "In the building area, the parking spaces and garages planned for parking cars should first meet the needs of the owners."

The "Code for Planning and Design of Urban Residential Areas" stipulates: 'The residential area must be equipped with parking lots and garages for residents' cars (including commuter cars)...'

The above-mentioned laws and normative documents clearly stipulate the mandatory obligation of the construction unit to design and build parking spaces and garages to meet the needs of owners during the construction stage of urban commercial housing, and to assign specific uses to the parking spaces.

In a modern society where private cars are increasingly becoming the daily means of transportation for ordinary families, the right to use a parking space is closely related to the right of residence of the owner, and has the attribute of meeting the basic needs of residents.

In this case, the appellant is the owner of the community, and the parking space he purchased is a necessary living facility for the house he purchased, and it has been used to park vehicles since the purchase.

Therefore, the parking space purchased by the appellant has the necessary residential right attributes specially protected by Article 20 of No. 20 of the "Provisions of the Supreme People's Court Concerning Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts" for "commercial housing purchased by consumers", and No. [-] Nine provisions.

[-]. After the appellant and the developer signed the "Parking Space Subscription Letter", they paid all the money according to the agreement, and the developer issued an invoice to the appellant. "

(End of this chapter)