Lawyer's character

After Fang Yi finished speaking, the old lawyer opposite fell silent, because he knew that what Fang Yi said was right. He just wanted to secretly change the concept and confuse the audience, but he failed to get through.

"Let me ask, after the plaintiff took over the house and before the defendant applied for enforcement, why didn't the plaintiff ask Qiankun Real Estate to apply for a house purchase loan?" asked the middle-aged male judge.

"The plaintiff has requested it, but Qiankun Real Estate was busy with firefighting at the time, leaving the plaintiff and many other owners to wait for notification. Later, Qiankun Real Estate ceased operations and the buildings were empty. So far, the plaintiff has not received a notice from Qiankun Real Estate requesting a loan." Fang Yi said.

"Plaintiff, you mean that the closure of Qiankun Real Estate resulted in the failure to apply for a home purchase loan. Is that true?" asked the middle-aged male judge.

"Yes, this is what we learned." Fang Yi said.

"Defendant, as the designated home purchase loan bank of Qiankun Real Estate, do you know why the plaintiff did not apply for a home purchase loan?" The middle-aged male judge looked at the old lawyer.

"We don't know why Qiankun Real Estate didn't apply for a house loan for the plaintiff before, but then Qiankun Real Estate defaulted on the bank's loan and failed to repay the loan, and a dispute broke out between the two parties. The defendant will definitely not be able to apply for a house loan again." The old lawyer said said.

This is a fact, and the court can find out even if he doesn't say it.

"When did Qiankun Real Estate default on its bank loan?" the middle-aged male judge asked.

"The defendant started to default on the payment before applying for enforcement. It has been about half a year. The two parties have been talking about repayment. I am not very clear about the specific situation. I need to go back and confirm." The old lawyer said.

…

"The court investigation is over. Now let's invite both parties to make their final statements. The plaintiff's final statement." After speaking, the middle-aged male judge lowered his head and began to read through the case file.

"The plaintiff believes that it complies with the provisions of Article 29 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by People's Courts" (hereinafter referred to as the "Regulations") and should enjoy the right to exclude compulsory execution.

First, Qiankun Real Estate and the plaintiff signed a sales contract for the European Garden Community house involved in the case in June 2009. The court only seized the above-mentioned property in 2012. Therefore, the plaintiff and Qiankun Real Estate sealed the house involved in the case in the People's Court. A legal and valid written sales contract has been signed before.

The plaintiff's above-mentioned behavior complied with Article 29 of the regulations, 1. A legal and valid written sales contract had been signed before the people's court sealed it.

Secondly, after the plaintiff paid 40% of the purchase price, he successively paid the elevator fee, heating fee, property fee and other expenses for the property involved in the case, applied for a gas usage certificate and actually decorated and moved in. The property has been actually occupied and used by the plaintiff.

In addition, although the plaintiff has multiple properties under his name, according to the house registration information investigated by your court, except for the property involved in the case, which is residential, the other properties are used for commercial purposes.

The plaintiff complied with the provisions of Article 29, 2. The purchased commercial house was used for residence and there were no other houses used for residence in the name of the buyer.

Finally, although the purchase price paid by the plaintiff did not exceed 50% of the total price stipulated in the contract, the plaintiff has been unable to handle the mortgage loan procedures and pay the remaining balance due to the suspension of Qiankun Real Estate and disputes arising from the performance of the contract between Qiankun Real Estate and the defendant. House purchase money.

Although the plaintiff did not continue to pay the purchase price, it was not at fault. The plaintiff should not bear the adverse consequences if the paid price did not exceed 50% of the total price agreed in the contract, and the plaintiff's survival rights should be protected.

The plaintiff's situation is fully consistent with the circumstances that can exclude compulsory execution as stipulated in Article 29 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts". The court is requested to rule in accordance with the law and support the plaintiff's claims.

complete. "Fang Yi said, holding the newly revised agent's words.

"Plaintiff, submit a representation statement to the court after the trial." The middle-aged male judge said: "The defendant will make a final statement."

…

When Fang Yi walked out of the gate of the courtyard, it was already dark. He looked at the time displayed on his phone. It was 6:30 in the evening, and the court had been open for more than four hours.

At this time, Fang Yi's stomach was growling and his legs felt a little shaky. Because he was highly concentrated during the trial and consumed too much energy, and he did not replenish water in time, he felt that his brain was a little slow and his body was a little exhausted.

Fortunately, there was half a bottle of mineral water and a small piece of bread in his shoulders. Like a beggar, he opened the bottle of mineral water and drank a lot of it outside the court gate, and then took out the bread and wolfed it down. .

With food in his belly, he didn't panic. After calming down, Fang Yi walked to the bus stop. On the way, he took out his phone and called Yunmei.

"Hello, Lawyer Fang. Is the court session over?" Yun Mei's gentle and sweet voice came from the other end of the phone.

"Well, the court has just finished. Let me tell you about the trial. The trial process went well. It depends on how the court decides. I will tell you when there is news." Fang Yi said weakly.

"Thank you for your hard work. You haven't eaten yet. I happen to be in the city and would like to treat you to a meal." Yunmei said.

"No need, I made an appointment with my friend. I'll go find him later, so I won't bother you." Fang Yi said with a smile.

He knew that they were just being polite and he couldn't take it seriously. Besides, he did make an appointment with Li Shuming for dinner at noon.

"Well, when the case comes to an end, I'll treat you to a big dinner." Yunmei's voice sounded a little regretful.

Fang Yi took a taxi to Huihuang.

Huihuang provides integrated services such as bathing, food and accommodation, which is expected to lead the consumer trend. However, in the past two years, consumption has upgraded, and Li Shuming has sensed business opportunities and started to provide integrated services including laundry, food, accommodation, and entertainment. Not long ago, he specially hired several Northeastern duo actors, as well as some second- and third-tier stars to help out.

Entertainment companies inside and outside the city also followed suit. For a time, Huihuang's performance increased rapidly. The best way for citizens to relax on weekends is to go to Huihuang. There is everything to eat, drink and have fun, and the prices are very affordable. If you want better services, you can join Use money to upgrade VIP services.

If you have relatives or friends at home, you can go to Huihuang for a hundred or so yuan to take a shower, eat some food, watch a show, and get some sleep. It's much more cost-effective than a hotel. Many people who came to the city on business trips also liked to stay in Huihuang. For a time, "Go to Huihuang" became a mantra among the people.

Li Shuming welcomes and delivers people all day long, making money and making money.

The taxi stopped at the entrance of Huihuang. When Fang Yi got out of the car, he saw Li Shuming standing at the door to see people off. His expression was similar to that of the madam of Yichun Court.

The group of people walked out of the glorious gate in style, and immediately several black cars drove over, picked them up and left. Li Shuming looked at the direction of the car with a smile on his face and kept waving. If he didn't know better, he would have thought that some big shot was coming to inspect.