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Chapter 406 Xianyun's Villa (10)

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    Paragraph 2 of Article 17 of the "Marriage Law": Husband and wife have equal rights to dispose of jointly owned property.  Husband and wife have equal rights to dispose of common property. In other words, any party must obtain the consent of the other party to dispose of large family properties.  However, the daily use of the family does not require the consent of the other party.

    Lin Ziyao paused, then continued: "The plaintiff, Ms. Shen Xianyun, has repeatedly asked the defendant, Ms. Lin Mei, to return the villa, but she has been refused. According to Article 92 of the General Principles of Civil Law: Obtaining improper benefits without legal basis, causing others  If there is a loss, the improper benefit obtained should be returned to the person who suffered the loss. Therefore, the lawsuit was brought to the court and the court was requested to order: 1. The defendant, Ms. Lin Mei, should return the unjust enrichment: Villa No. 7, Tianjiang Lijing Community, No. 78 Linzhong Road,  The third person, Ms. Guo Yun, assisted in the transfer of property rights; 2. The defendant, Ms. Lin Mei, paid the villa usage fee from June 2016 to the present, calculated at 20,000 yuan per month until the defendant paid; 3. The litigation fees in this case were borne by the defendant  bear."

    After Lin Ziyao finished speaking, he tilted his head and asked Shen Xianyun softly if he had anything to add.

    Shen Xianyun's eyes were like knives, slashing at the bodies of the two beauties, Guo Yun and Lin Mei.

    Shen Xianyun said: "Your Honor, actions like Lin Mei and Guo Yun's are actually stealing. Lin Mei clearly knows that Yunfei has a family and sticks together. This is shameless. Just now my lawyer said  Well, Lin Mei's behavior violated the public order and good customs of the society, and the court should severely punish such behavior through a judgment, to set up a positive energy benchmark for the whole society, and to give the whole society a correct value orientation."

    Shen Xianyun's words were so impassioned that even Lin Ziyao couldn't help but want to beat the table with praise.

    Liu Yifeng twitched the corners of his mouth, this plaintiff can sing loudly.

    Lin Ziyao said to Lin Mei and Guo Yun's mother and daughter: "Here, I also represent my client to kindly remind the defendant and the third party."

    Rose (Lin Mei) and Guo Yun's mother and daughter looked at Lin Ziyao at the same time, with unkind eyes.

    Lin Ziyao said: "Article 270 of the "Criminal Law" stipulates the crime of embezzlement: illegally taking other people's property in custody on behalf of others, the amount is relatively large, and refuses to return it, and shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or  Fines; if the amount is huge or there are other serious circumstances, the sentence is not less than two years but not more than five years of fixed-term imprisonment, and a fine. The original price of this villa is 10.5 million, and now the premium is more than 100%. The current market price is about 25 million.  It has far exceeded the criteria for finalizing a criminal case. If the defendant and the third party insist on not returning the villa, the plaintiff, Ms. Shen Xianyun, will pursue the criminal responsibility of the defendant and the third party according to law."

    The corners of rose (Lin Mei) and Guo Yun's mouths twitched. This little lawyer dared to threaten them.

    Zhan Qiong immediately retorted: "Lawyer for the plaintiff, who owns the disputed house should be judged by Judge Liu. Before the judgment, this house belongs to my client. Please don't elevate the civil case to  Criminal cases hit high."

    Lin Ziyao was noncommittal, she said it a long time ago, this is a kind reminder.

    However, Shen Xianyun was very satisfied with Lin Ziyao's "reminder", especially when he saw the sudden changes in the faces of Rose and Guo Yunmu.

    It would be best if Guo Yun and Lin Mei, the mother and daughter of thieves, could be put in prison, Shen Xianyun thought.

    The atmosphere in the courtroom fell into a stalemate, and Liu Yifeng, as the presiding judge, took the initiative to break it.

    Liu Yifeng said: "Next, the defendant will reply."

    Zhan Qiong actually thinks that Lin Mei and Guo Yun have little chance of winning this case. If Guo Yun paid the house purchase price, it would be fine, but now he has not even paid the house purchase price, which is obviously not a complete transaction.

    I can only treat a dead horse as a living horse doctor.

    Zhan Qiong cleared his throat and said: "Presiding judge, I represent the defendant, Ms. Lin Mei, in my defense: Ms. Lin Mei and Mr. Lin Yunfei fell in love freely, and did not know that Mr. Lin Yunfei had a wife.  , concealed her marital history, and in order to express her love for Ms. Lin Mei, presented the villa in dispute to Ms. Lin Mei, the defendant. Ms. Lin Mei received the villa in good faith, and the real estate of the disputed house had been registered in  Under the name of the defendant, Ms. Lin Mei, Ms. Lin Mei has complete ownership and is free to dispose of the property.¡±

    Ownership refers to the right of the owner to possess, use, benefit from and dispose of his property according to law.  Ownership is the most important and complete right among real rights, with three characteristics of absoluteness, exclusivity, and perpetuity, and its specific content includes four functions of possession, use, income, and disposal.

    The right of disposition is the right of the property owner to finally dispose of his property within the scope stipulated by law, that is, the right to decide the de facto or legal fate of the property.  Including the rights to transfer, consume, sell, seal up and dispose of assets.  punishmentRight is the core of the four powers of ownership and the most basic right of property owners.  The disposition right is enjoyed by the owner in most cases, but in some cases, the ownership and disposition right can also be separated to form a disposition right enjoyed by non-ownership according to law.

    Anyway, does Lin Mei know that Lin Yunfei has a family? She is a Rashomon, just to whitewash the peace.

    Lin Ziyao also disdains to argue with Zhan Qiong on this matter. This kind of argument has no objection at all, and it is not the core focus of this case.  Whether Rose knows that Lin Yunfei has a family will not affect the outcome of the case.

    Liu Yifeng asked: "Do the plaintiff and the defendant have any other additions to the factual part?"

    After Lin Ziyao and Zhan Qiong inquired about the parties, they both said no.

    Liu Yifeng asked: "Is there any basis for the plaintiff's claim of 20,000 yuan per month for the use of the house?"

    Lin Ziyao said: "According to the rent proposition of villas of the same type and area in Tianjiang Lijing Community."

    Liu Yifeng nodded, and quickly recorded it in the file.

    ? Liu Yifeng asked the defendant: "Defendant Lin Mei, do you have any objection to the standard of housing usage fee claimed by the plaintiff?"

    It was an ordinary process for judges to find out the facts of the case, but Lin Mei and Guo Yun, who were sitting in their seats, couldn't sit still when they heard Liu Yifeng's question.

    The mother and daughter exchanged glances, and the judge asked if they were already on the side of the plaintiff, Shen Xianyun.

    Lin Mei and Guo Yun looked at Zhan Qiong with worried eyes.

    Zhan Qiong explained in a low voice: "It's okay, the judge is asking about the standard. If both parties agree with the standard, he doesn't need to make adjustments. If one party disagrees, the judge has to determine a standard based on the actual situation. There is no tendency  Views."

    "Don't worry." Zhan Qiong comforted in a low voice.  (Remember the site URL: www.hlnovel.com
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