Lawyer

Chapter 151
"Half a month after the appellant signed the "Parking Space Subscription Letter" with the developer, the appellee registered the mortgage for the parking space involved in this case. The "Parking Space Subscription Letter" is the true intention of both parties and should be legal and valid. The developer should transfer the ownership of the parking space to the appellant according to the agreement, but the real estate developer only delivered the parking space and did not perform the transfer procedures. The appellant’s failure to obtain the property right of the parking space was caused by the developer’s breach of contract, and the appellant was not at fault.

The appellant has actually occupied and used the parking space, and the real estate developer can obtain the complete ownership of the parking space as long as the real estate developer transfers the ownership of the parking space according to the "Parking Space Subscription Letter".

The transaction of buying and selling parking spaces between the two parties is in line with the customary practice of first delivery and then registration in the sale and purchase of houses and parking spaces in my country.It can be seen from this that what the appellant enjoys is no longer a creditor's right, but an approximate complete ownership of property rights.

The "Property Law" stipulates that real property rights need to be registered as an effective requirement.However, the effective registration of real property rights is only a principle. Article 140 of the "Property Law" stipulates that "the ownership of the buildings, structures and ancillary facilities constructed by the construction land use right holder belongs to the construction land use right holder, unless there is evidence to the contrary." '

In judicial practice, the developer pre-sells the developed commercial housing to others as one of the provisos stipulated in Article 140 of the Property Law, which actually recognizes that the buyer of the commercial housing can also become the owner before the registration of the real estate. It is an exception to the doctrine of registration effectiveness.

In this case, the appellant has obtained de facto ownership of the parking space involved in the case due to its payment and delivery, and has certain publicity.

According to the principle that real rights take precedence over obligatory rights, the appellant’s rights to the parking spaces involved in this case should be protected over ordinary obligatory rights. Human rights entail a duty of care.

[-]. The parking space involved in the case is a necessary supporting facility for commercial housing that is clearly stipulated by the law to meet the living needs of the owners of the community.Although the parking space is registered in the name of the real estate developer, the appellee still has the statutory obligation to review the actual status of the parking space when setting up the mortgage.

According to the documents submitted by the appellee, the status of the parking spaces involved in the case when the mortgage was applied for was that 'all the garages are in use'.

The appellee already knew that the parking space involved in the case was under the possession and use of the owner of the community, and the possibility of other people’s rights in the parking space, but did not further investigate to find out whether the parking space had been sold or whether there were other rights holders, so that the appellant and the appellee in this case The conflict of rights, it can be seen that the main reason is that the appellee did not fulfill the necessary duty of care.

[-]. The appellee claimed that the appellant was at fault when he knew that the parking space involved had been mortgaged when he signed the "Parking Space Subscription Letter". This is wrong.

The appellant believed that there was indeed a mortgage of an outsider when he purchased the parking space, but the mortgage was not related to the appellee's mortgage and had been canceled before the appellee established the mortgage, so the appellee The claim has no legal basis.

To sum up, although the appellee set a mortgage on the parking space involved in this case, which has the effect against the third party, the appellant has actually occupied the parking space before the parking space was mortgaged and paid the full price. Registration without fault.The appellee was at fault for not fulfilling the necessary duty of care when setting up the mortgage right later.

Therefore, the appellant has the legal right to exclude the execution of the appellee's mortgage on the parking space involved in this case.Ask the court to revoke the first-instance judgment and change the judgment according to law.

The statement is over. "Fang Yi said.

Just now when the judge asked the old lawyer questions, Fang Yi was not idle. The pen in his hand kept writing, and his fingers hurt. He was revising his statement according to the trial situation. Several A4 papers were written by him. This is the final statement.

"Appellant, please submit an agency opinion." The male judge said.

Fang Yi's statement was a bit too much, and the male judge knew that the clerk must have not recorded it, so he asked Fang Yiting to submit an agency opinion.

……

After walking out of the high court, Fang Yi called Lu Meifeng and told about the trial situation. Overall, he was quite optimistic. After Fang Yi comforted her a few words, he hung up the phone.

Looking at the time, it was past twelve o'clock. A court had been open all morning. Fang Yi walked into a small restaurant in the distance hungry and asked for a bowl of rice.

After lunch, Fang Yi, who wanted to take a long-distance bus back to the county, suddenly received a call from Li Shuming, saying that there was a case introduced to him. Fang Yi hurried out of the long-distance station and got on the bus at the roadside station.

"Shuming, what's the case?" Fang Yi walked into the brilliant Li Shuming's office and asked as soon as he entered.

"I said, Lao Fang, I found out that you have changed." Li Shuming pretended to be dissatisfied.

"Changed? What changed?" Fang Yi asked in confusion.

"You are becoming more and more serious about cases than friends! I told you to come over for lunch, but if you don't come, I tell you that there is a case, and you can run faster than a rabbit." Li Shuming laughed.

"Brother! It's almost one o'clock after my court session. I'm so hungry. If I come to eat at your place, there will probably be a news in the newspaper tomorrow morning: Mr. Fang, a lawyer from our province, fainted from hunger." On the way to the dinner, what a shame!" Fang Yi raised his right hand to cover his face, pretending to be embarrassed.

"Hahaha, don't do this with me. You have to ask for leave today and go back after dinner tonight." Li Shuming said with a smile.

"Okay, no problem, I'll call the director to ask for leave immediately, and I'll know you framed me." Fang Yi smiled.

Li Shuming put away his smile and said: "I'm not joking with you, there is a real case. One of my managers, surnamed Du, is Du Xi, and his father was arrested two months ago.

He has been hiding it all the time, I saw that he was out of his mind when he was working, and I only found out that something happened to his father when I asked.He knew that I had a long way to go, so he asked me to help him find a lawyer, and I thought of you. "

"Arrested? What charges?" Fang Yi said while putting down his shoulders and sitting on the sofa.

When he came to the city for a court hearing, Fang Yi would carry a lot of things on his shoulders instead of carrying a briefcase.

"It seems to be extortion. I don't know the specific situation. I'll have someone call him in a while, and you can find out by asking.

Xiao Du has a good brain and is quite capable. The manager who was just promoted last year had an accident at home and didn’t want to work. It’s not good for Brilliant, so I want to help him. After finishing speaking, Li Shuming took out his mobile phone and sent a WeChat message.

After a while, a handsome boy in his 20s who looked a little like Chen Mouxi walked in quickly: "Mr. Li, you are looking for me."

(End of this chapter)