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Chapter 231 Dispute over one house and second sale (5)

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    Unconvinced, Liu Peihuang interrupted Lin Ziyao aggressively: "What's wrong with me, little girl, don't talk nonsense."

    Lin Ziyao glanced at Yan Hua as if asking for help.

    Yan Hua said: "The third person should not interrupt the plaintiff's lawyer. You can add to what the plaintiff said later."

    Yan Hua's words were not to protect Lin Ziyao, but to maintain court discipline.

    Liu Peihuang was frightened by Yan Hua's power and did not dare to speak again.

    Lin Ziyao said: "Moreover, the property rights of the disputed house have not yet been transferred, and the third party has not obtained the ownership of the disputed house."

    Yan Hua: "The defendant cross-examined the evidence submitted by the third party, Liu Peihuang."

    Tao Jiang said: "There is no objection to the authenticity of the three pieces of evidence submitted by the third person, Mr. Liu Peihuang, and the objects of the evidence."

    Yan Hua: "Okay, do you have anything to add to the facts from the plaintiff, the defendant, and the third party?"

    Lin Ziyao and Tao Jiang said one after another: "No."

    Liu Peihuang thought for a while, and finally said: "Judge, if the house is awarded to the plaintiff, the defendant will pay me money, but I gave him 2 million, and there is also liquidated damages, which must be paid."

    Zhang Zhen turned his head and looked at Liu Peihuang dissatisfied, feeling that he was betrayed by his comrades.

    Tao Jiang's expression did not change, but he was thinking about how to get Zhang Zhen to continue entrusting the case with Liu Peihuang to himself.

    Yan Hua told Liu Peihuang: "This is not the subject of this case. If you want to sue Zhang Zhen, you can sue in another case."

    Liu Peihuang obviously couldn't understand Yan Hua's statement and couldn't agree with it. He said: "Your Honor, how can you say that it has nothing to do with this house? The three of us are in the lawsuit." Liu Peihuang pointed at Yang Qi, Zhang Zhen and Liu Peihuang while talking  He pointed around his face, and then continued: "It's the three of us who are suing, why should I sue separately?"

    Yan Hua took a deep breath in his heart, thinking in his heart, might it be possible that he still has to carry out legal education in court.

    Liu Peihuang stared at Yan Hua with a pair of eyes, as if he wanted to stare Yan Hua out of a hole.

    Yan Hua The client's eyes are so terrifying!

    Yan Hua said to Liu Peihuang: "Let's finish the trial of this case first. Your question cannot be explained clearly in a few words."

    Liu Peihuang nodded nah, although Yan Hua said so, but he still decided to say everything that should be said clearly.

    Seeing that Liu Peihuang was no longer entangled, Yan Hua immediately said: "Then let's enter the courtroom for debate, the plaintiff will start first."

    Lin Ziyao said: "Presiding judge, on behalf of the plaintiff, I would like to express the following agency opinions: 1. The house sales contract signed by the plaintiff and the defendant is legal and valid, and the plaintiff Yang Qi has fulfilled his obligation to pay according to the agreement, and has actually occupied and used the house.  The house has been in dispute for nearly a year; 2. The defendant Zhang Zhen signed a house sales contract with the third party Liu Peihuang. The defendant signed this contract with the third party.  The obligation of prudence is also at fault. If Mr. Liu Peihuang goes to check the disputed house on the spot, he will know that the disputed house has been occupied by the plaintiff Yang Qi's family; 3. According to the relevant provisions of the Supreme Court, "one house, two sales"  The sequence rules for the protection of disputed real rights are: if the transfer registration of the house ownership has been completed, the rights of the registered buyer shall be given priority; if the house has not been registered for the transfer of house ownership but the house has been delivered, the rights of the buyer who actually and legally occupies the house shall be given priority;  If the house ownership transfer registration has not been completed and the house has not been handed over, it shall be determined in a fair and reasonable manner based on factors such as the actual payment of the house purchase price and other factors such as the performance of the contract and the order in which the contract was concluded;  If it is purchased by others and registered maliciously, the rights shall not be prioritized over those who first bought the house.

    This case is a typical "one house, two sales" dispute. The defendant successively sold the disputed house to the plaintiff Yang Qi and the third party Liu Peihuang because of the rising house price. This behavior obviously violated the principle of good faith; the plaintiff, the second  None of the three persons has registered for the change of real property rights, but the plaintiff has actually occupied and used the disputed house for nearly a year. Therefore, the plaintiff¡¯s rights should be protected first; 4. The defendant replied that he was unwilling to perform the contract with the plaintiff.  A valid contract should be fulfilled, which is the basic guarantee of transaction security, and the contract cannot be arbitrarily broken just because one party is unwilling to perform it.  In summary, the court is requested to support all the claims of the plaintiff Yang Qi.  "

    Tao Jiang knew that Zhang Zhen had little chance of winning this lawsuit, but he had to put on an appearance of fighting for reason. He said: "What happened between the plaintiff Yang Qi and the defendant Zhang Zhen, and between the defendant Zhang Zhen and the third party Liu Peihuang is all  The creditor's rights relationship is an equal relationship, and the defendant has the freedom to choose with whom to continue to perform the contract; in addition, the defendant, as aThe owner of the disputed house enjoys complete disposition rights to the disputed house. Now the defendant chooses to continue to perform the contract with the third party, and agrees to bear the liability for breach of contract in accordance with the house purchase contract signed with the plaintiff. This is also a manifestation of the principle of contract freedom  .  In summary, the court is requested to dismiss all the plaintiff's claims.  "

    Yan Hua asked Liu Peihuang: "What does the third person have to say?"

    Liu Peihuang said: "The contract between the plaintiff and the defendant has nothing to do with me. I just need to protect my own interests and ask the court to unfreeze the sealed house immediately and issue the real estate certificate immediately. In addition, the judge, the house is not sealed.  Why, why is the plaintiff still living in the house?"

    Yan Hua thought to himself, this Liu Peihuang's thirst for knowledge is really strong.

    Yan Hua patiently explained: "Settlement is a legal term. The plaintiff applied to the court for property preservation. The court sealed up the house according to law. It is to prevent the house from being transferred during the litigation stage.  Your house is sealed."

    Liu Peihuang seemed to understand but didn't understand, wanted to ask but couldn't find out why, so he had to give up resentfully.

    Yan Hua said: "Well, you all go back and think about it again. I will give you another week. If you can mediate, let me know. Then this morning's trial will end here, and the court will be adjourned."

    Every judge can hope that the case can be concluded by mediation. If the plaintiff can withdraw the lawsuit on his own initiative, it will be as happy as winning the lottery.

    After leaving the court, Lin Ziyao asked Wu You seriously: "Brother, how is my performance today?"

    After all, this is the first time that Lin Ziyao has appeared in court as a lawyer, and anxiety is inevitable.

    "It's pretty good, anyway, it's better than my first court appearance." Wu You encouraged.

    Lin Ziyao let out a long sigh of relief. In fact, she also thinks that she is doing pretty well!

    Wu You smiled slightly. It seems that this little junior sister of hers still has the talent to be a lawyer.  (Remember the site URL: www.hlnovel.com
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