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Chapter 230 Dispute over one house and second sale (4)

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    ?

    Liu Peihuang showed embarrassment and nodded. He could still hear what the judge said.

    Lin Ziyao asked: "The third person, Mr. Liu Peihuang"

    Liu Peihuang showed a satisfied expression when he heard Lin Ziyao call himself that.

    Yan Hua smiled slightly, feeling that he had finally met an obedient client.

    "The third person, Mr. Liu Peihuang, when you signed the house sale contract with the defendant, did you know that the plaintiff had already signed a house sale contract half a year ago?" Lin Ziyao asked.

    Liu Peihuang frowned, and complained: "I don't know. If I knew, I wouldn't buy his house. It's so troublesome now. I can't get the house, and the money was given to Zhang Zhen. I don't know about the interest."  How much money was lost."

    Lin Ziyao continued to ask: "After the plaintiff signed a house purchase contract with the defendant, the defendant handed over the disputed house to the plaintiff for use, and the plaintiff's family has been living in the disputed house; you signed a house purchase contract with the defendant to buy a house.  Didn't go to see the room?"

    Liu Peihuang and Zhang Zhen looked at each other and said, "I haven't seen it, but I have seen the same house type in this community."

    Lin Ziyao said: "This is not in line with common sense. When buying a house worth 5.6 million yuan, I decided to sign the contract without actually inspecting it on the spot. The third party obviously did not fulfill their duty of prudence. When signing the second house purchase contract  There was a fault."

    In fact, it wasn't that Liu Peihuang didn't want to see the house, but that Zhang Zhen stopped Liu Peihuang from seeing it. Zhang Zhen used the excuse that his old mother still lived in the house and it was inconvenient to see the house.  At the same time, several buyers wanted to buy Zhang Zhen's house. Liu Peihuang was impatient for a while, and he believed Zhang Zhen's excuse, signed the contract and paid the money, resulting in such a passive situation.

    Yan Hua already has a general understanding of the facts of the case.

    Yan Hua said: "Next, we will enter the link of presenting evidence and cross-examination, and present evidence in the order of the plaintiff, the defendant, and the third party."

    Lin Ziyao said: "The plaintiff presented evidence: 1. A copy of the "House Sales Contract" signed by the plaintiff Yang Qi and the defendant Zhang Zhen, which proves the fact of the house purchase between the plaintiff and the defendant;  The contract agreed to pay the plaintiff a total of 2.35 million for the purchase of the house; 3. A handover certificate, which was signed by both parties when the defendant handed over the disputed house to the plaintiff, proving that the defendant had handed over the disputed house to the plaintiff for use; 4.  , water, electricity, coal, and property payment vouchers, proving that the house in dispute has been occupied and used by the plaintiff; 5. Screenshots of plaintiff-defendant WeChat chats, proving the fact that the plaintiff asked the defendant to perform the transfer obligation, but the defendant refused to perform the contractual obligations; 6. Plaintiff¡¯s lawyer¡¯s fee invoice  , transportation receipts, and work-delay certificates, to prove the costs paid by the plaintiff to realize the creditor¡¯s rights.¡±

    Yan Hua said: "The defendant cross-examined the evidence."

    Tao Jiang, Zhang Zhen's agent, cross-examined: "There is no objection to the authenticity and object of the first piece of evidence submitted by the plaintiff, the housing sales contract, and the second piece of evidence, the transfer certificate, but the defendant requested to terminate the contract and agreed to follow the contract.  There is no objection to the authenticity of the third handover certificate, the fourth evidence of water, electricity, gas, and property payment certificates submitted by the plaintiff, but the object of proof has objections, and the defendant only temporarily lent the house to the plaintiff.  It does not mean that the property rights have been transferred. According to the "Property Law", the transfer of real property rights shall be subject to the registration of real property, and the transfer procedures between the plaintiff and the defendant have not been completed, so the property rights have not changed. Regarding the No.  There is no objection to the authenticity of the five pieces of evidence and the object of proof; there is no objection to the authenticity of the attorney fee invoice in the plaintiff's sixth piece of evidence, but the lawyer's fee standard is considered too high, and the court is requested to adjust the authenticity of the transportation fee receipt.  There is an objection, it is a receipt, not an invoice, and it cannot be used as the basis for finalizing the case. There are objections to the authenticity of the lost work certificate and the object of the proof. The lost work certificate is issued by the plaintiff company, and the plaintiff is required to provide income records to prove the actual lost work loss.¡±

    Yan Hua said: "The third person cross-examined."

    Liu Peihuang looked at Yan Hua and said, "The evidence provided by the plaintiff has nothing to do with me."

    Yan Hua said: "It's okay to cross-examine. This is your right. If you give up the right to cross-examine, you will bear the consequences yourself."

    Liu Peihuang curled his lips, whispered something to Tao Jiang, and said, "I agree with the defendant's cross-examination."

    Zhang Zhen and Liu Peihuang are the united front.

    Yan Hua asked: "Plaintiff, what standard do you charge for your lawyer's fees?"

    Lin Ziyao replied calmly: "The fee is charged according to the lawyer's fee standard in our city, and has been appropriately reduced. There is no fee beyond the regulations. The defendant's proposal to reduce the litigation fee has no reason."

    Yan Huaruo nodded, pursed his lips, and continued: "The defendant presents evidence."

    Tao Jiang, attorney of the defendant Zhang Zhen, said:?¡°The defendant submitted a piece of evidence to the court, that is, the real estate registration certificate of the disputed house, proving that the ownership of the disputed house still belongs to the defendant.¡±

    Yan Hua: "The plaintiff and the third party cross-examined in turn."

    Lin Ziyao: "I have no objection to the authenticity of the real estate certificate submitted by the defendant, but I have objection to the object of proof. The ownership of the house in dispute has not changed because the plaintiff and the defendant agreed that the time for transfer is half a year after the signing of the contract, but after three months  A month ago, the plaintiff asked the defendant to go through the formalities of changing the house according to the contract, but the defendant refused, so the fact that the ownership of the house has not changed is due to the defendant¡¯s breach of contract.¡±

    Liu Peihuang said: "There is no objection to the authenticity of the real estate certificate and the object of proof."

    Yan Hua said to Liu Peihuang: "The third person will provide evidence."

    Before Liu Peihuang went to court, he consulted several lawyers, because the evidence presented was quite professional.

    Liu Peihuang said: "I submitted three pieces of evidence, 1. A copy of the "House Sales Contract" signed by me and the defendant Zhang Zhen, proving that the defendant is willing to sell the house to me, and the purchase price is 5.6 million; 2. A transfer certificate, proving that  I have already paid the defendant a down payment of 2 million; 3. The receipt issued by the real estate transaction center for me and the defendant to apply for the real estate certificate, I have already processed the real estate certificate with the defendant, so the house should be sold to me first."

    Yan Hua said to Lin Ziyao: "The plaintiff cross-examines evidence."

    Lin Ziyao said: "There is no objection to the authenticity of the three pieces of evidence submitted by the third party, but the object of the proof has objections. It is very unreasonable for the third party to sign this contract with the defendant and not go to see the house. If  The third party has seen the house, and will know that the house in dispute has been sold to the plaintiff and is under the possession of the plaintiff, so the third party is at fault when signing the contract; the third party pays the purchase price and handles the property rights  All certificates are based on wrong claims.¡± (Remember this site URL: www.hlnovel.com
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