Lawyer

Chapter 88

Fang Yi cleared his throat and continued: "According to Article 20 of No. [-] 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, during the enforcement of monetary claims, the buyer shall be responsible for the real estate development registered in the subject of enforcement. The people's court shall support the objection raised by the commercial house under the name of the enterprise, if it meets the following circumstances and its rights can be excluded from enforcement:

([-]) A legal and valid written sales contract has been signed before the people's court seizes it;

([-]) The commercial house purchased is for living and there is no other house for living under the name of the buyer;
(50.00) The price already paid exceeds [-]% of the total price agreed in the contract.

The plaintiff signed a legal and effective written sales contract in [-], and the time when your court seized the European Garden property was in [-], which complies with the above ([-]) requirement.There is no other house under the plaintiff's name, which meets the requirements of ([-]) above.

Although the purchase price paid by the plaintiff was only 40.00% of the total house purchase price, which was less than 50.00% of the total house purchase price, the reason why the plaintiff failed to pay the house purchase price was Qiankun Real Estate’s breach of contract, not the plaintiff’s responsibility.

To sum up, the plaintiff believes that it has actually occupied the real estate and complies with the relevant provisions of the "Provisions of the Supreme People's Court Concerning Several Issues Concerning the Handling of Enforcement Objection and Reconsideration Cases by the People's Court", and requests the court to exclude the defendant's enforcement of the plaintiff's real estate according to law.

complete. "

"The defendant pleads." The middle-aged male judge said.

"Defendant disagrees with plaintiff's claim.

According to Article 20 of No. 50.00 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objection and Reconsideration Cases by the People's Court, the plaintiff should pay more than 40.00% of the purchase price to Qiankun Real Estate before enjoying the right to exclude third-party enforcement. Now the plaintiff has only paid [-]%, and should not enjoy the corresponding rights.

In addition, the defendant has applied to the court to investigate the real estate under the name of the plaintiff. Whether the above requirements are complied with cannot be based solely on the plaintiff's statement, but the results of the investigation should prevail.

The defense is over. " said the old lawyer sitting in the dock.

In his view, the "payment of more than 50.00% of the total purchase price" is a mandatory rule that cannot be broken, so this case can win [-]% of the time.That's what he told the bankers before.

"The next step is to present evidence and cross-examination, and the plaintiff is invited to present evidence for the claims of this case." The middle-aged male judge said.The two people's assessors beside him sat there, listening in silence.

"The first piece of evidence, the purchase contract, proves that the plaintiff purchased the real estate at Unit [-], Building [-], Building [-], District [-], European Garden Community, before the court seized the property, and that Qiankun Real Estate has the obligation to organize the plaintiff to handle the loan. The designated lending bank is the defendant.

The second piece of evidence, the elevator fees, heating fees, and property fees paid by the plaintiff, as well as the gas use certificate, decoration contract, and invoices, prove that the plaintiff has actually occupied and used the above-mentioned real estate.

The third piece of evidence, the bank transfer record of the plaintiff’s payment for the purchase of the house, proves that the plaintiff has paid the down payment according to the contract.

The fourth piece of evidence, the photo of Qiankun Real Estate’s office, proves that Qiankun Real Estate has closed down and the building is vacant.

The proof is over. "Fang Yi said.

"The defendant cross-examines evidence." The middle-aged male judge said.

"The first piece of evidence, the purchase contract, is recognized for its authenticity, legality and relevance.

The second piece of evidence, the elevator fees, heating fees, and property fees paid by the plaintiff, as well as the gas use certificate, decoration contract, and invoices, were recognized by the defendant.

The third piece of evidence, the bank transfer record of the purchase price paid by the plaintiff, was recognized by the defendant.

The fourth piece of evidence, the photo of Qiankun Real Estate's office, was admitted by the defendant.

The defense is over. " said the old lawyer.

The house was indeed sold. The land and construction in progress of Qiankun Real Estate were mortgaged to the bank before. Every time a building was sold, the real estate company would submit the relevant sales records to the bank for verification, so that the bank could release the mortgaged property after review , so these things cannot be wrong, and there is no need for the defendant to deny it.

The old lawyer believes that these are not the key points and will not affect the outcome of the case. What is important is whether 50.00% of the purchase price has been paid and whether there are other properties under the plaintiff’s name.

"The defendant is giving evidence." The middle-aged male judge said.

"The defendant has only one piece of evidence, the "Notary Deed", "Execution Certificate" and the seizure announcement issued by your court, which prove that the defendant's seizure of the European Garden property is for a legitimate purpose and is legal and compliant.

The proof is over. " said the old lawyer.

"Plaintiff, cross-examine the evidence provided by the defendant." The middle-aged male judge said.

"The plaintiff recognizes the authenticity, legality and relevance of the "Notarial Certificate", "Execution Certificate" and the seizure announcement submitted by the defendant. However, the purpose of the proof is not recognized. The plaintiff legally owns the corresponding real estate and should not be included in the execution List of real estate.

Cross-examination is complete. "Fang Yi said.

It is a fact that Qiankun Real Estate owed the loan to the bank, and the court has confirmed it. Besides, this is not the point of this case. The point is that the defendant should not execute the plaintiff's real estate.

"In response to the defendant's application, the court obtained the real estate information under the plaintiff's name from the real estate management department. This is the relevant information obtained. Please look at it for cross-examination." The middle-aged male judge said.

"The plaintiff agrees with the court's investigation results. The cross-examination is complete." Fang Yi said.

Fang Yi couldn't help but sigh with emotion, Yunmei is really rich, the investigation results show that Yunmei owns ten commercial houses, plus one residential house (the real estate involved in this case).

"The defendant recognized the investigation results, which proved that the plaintiff owned more than one set of properties, which did not meet the provisions of Article 20 of No. [-] of the Provisions of the Supreme People's Court Concerning Several Issues Concerning the Handling of Enforcement Objection and Reconsideration Cases by the People's Court. The cross-examination is completed." The old lawyer road.

"Although the plaintiff owns more than one real estate, I remind the judge that, except for the real estate related to this case, the other real estates are for commercial purposes, not residential.

Article 20 of No. [-] of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objection and Reconsideration Cases by the People's Court clearly stipulates that the purchased commercial house is for living and there is no other house for living under the buyer's name.

The purpose of the plaintiff's purchase of the real estate involved in the case is to live in, and the registered purpose of the real estate is residential, and the plaintiff has actually lived legally. Therefore, the plaintiff complies with the above provisions and should enjoy the right to exclude enforcement. "Fang Yi added.

During the trial, lawyers should be more assertive. They should not always be beaten passively and let the other party talk nonsense, especially for some views that are obviously unfavorable to their clients and problematic. , but also allow the judge to truly understand the truth.

(End of this chapter)