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Chapter 409 Xianyun's Villa (13)

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    The judge's discretion must be based on the facts ascertained by the court.  In addition to the law, there are facts and objects in the restriction of discretion. This is a restriction on discretion, and discretion must be based on the investigation of the court.  That is to say, discretion can only be made after ascertaining the facts and evidence.  In judicial practice, the court investigation is to judge whether the facts and evidence of the case are legal and credible, and whether it can prove the truth of the case. During this judgment process, the prosecution and the defense often have different opinions, and the final decision still depends on the discretion of the judge.  .  That is to say, as the final judgment, whether the judge has 80% or 100% confidence in the evidence submitted by the prosecution and the defense will directly affect the result of his judgment.  This is not uncommon in judicial practice.

    Liu Yifeng said: "Do both parties have anything to add to the factual part?"

    Lin Ziyao asked Shen Xianyun softly. Shen Xianyun thought for a moment and said, "Nothing to add."

    Zhan Qiong also said: "There is nothing to add."

    Liu Yifeng said: "Now we are entering the stage of court debate. The plaintiff is requested to express his arguments first."

    Lin Ziyao said: "Dear presiding judge, the facts of this case are clear and the evidence is sufficient. The defendant, Ms. Lin Mei, and the third party, Ms. Guo Yun, should jointly return the disputed house. The specific reasons are as follows: First, the disputed house belongs to the plaintiff, Ms. Shen Xianyun.  The husband, Mr. Lin Yunfei, disposes of the joint property of the husband and wife privately and donates huge sums of money to the defendant, Ms. Lin Mei. In view of the huge amount, the right of husband and wife to dispose of the joint property equally cannot be invoked.  Ms. Shen Xianyun, the plaintiff, has the right not to recognize the legitimate rights and interests of Ms. as a co-owner, and ask the unjust enriched person to return it. Ms. Lin Mei obtained the ownership of the villa without factual or legal basis, but based on her love relationship with Mr. Lin Yunfei  , although Ms. Lin Mei claimed that she did not know that Mr. Lin Yunfei had a family, but this does not negate any objective facts and cannot affect the judgment of this case. Ms. Lin Mei's act of receiving a villa as a gift is not only unjust enrichment, but also violates social public order and good customs  behavior, this donation should be revoked."

    Lin Ziyao went on to say: "Secondly, the defendant's behavior of transferring the ownership of the house is a malicious transfer of property. The buyer of the house, that is, Ms. Guo Yun, the third person in this case, is the biological mother of the defendant, Ms. Lin Mei, and there is no purchase money between the two parties.  Therefore, Ms. Guo Yun is not a bona fide third party, and the bona fide acquisition system cannot be applied to buying and selling behaviors."

    Acquisition in good faith, also known as "immediate acquisition", "bona fide acquisition of movable property" and "good faith acquisition by a third party", means that when the owner of movable property or immovable property illegally disposes of the movable property he owns, if the third party acquires the movable property based on bona fide transfer  If the possession or real estate ownership has been transferred and registered, the system of immediately obtaining ownership or other property rights in accordance with the law.  Theoretically, it is believed that bona fide acquisition has the effect of enabling the person without right to obtain rights without statute of limitations or after an instant statute of limitations, and it belongs to the original acquisition method of ownership.

    Lin Ziyao continued: "According to the first paragraph of Article 106 of the "Property Law", acquisition in good faith shall meet the following conditions for establishment: 1. The subject matter must be movable or immovable property;  3. The transferee must be in good faith when transferring the property; 4. The transferee must pay a reasonable price; 5. The transferred movable or immovable property has been delivered or registered. In this case, although Ms. Guo Yun, the defendant, has  Obtained real estate ownership, but did not pay a reasonable consideration; at the same time, given that the defendant Ms. Lin Mei did not have a regular job, and her income could not afford the price of the villa, Ms. Guo Yun, as Ms. Lin Mei's mother, should know that the villa was not  It was not purchased by Ms. Lin Mei personally, therefore, Ms. Guo Yun is not a bona fide purchaser, therefore, the bona fide acquisition system cannot be applied, and it is considered that the ownership of the property in dispute has been obtained.¡±

    Guo Yun couldn't understand Lin Ziyao's legal language at all, but she understood one thing, that is, Lin Ziyao said that the villa was not hers.

    Guo Yun became anxious, Mandarin was mixed with dialect, pointed at Lin Ziyao and cursed vulgarly: "You woman, you are full of shit, don't talk nonsense if you don't understand."

    Liu Yifeng frowned and said: "The third person, watch your words, this is a court, so speak in a civilized manner."

    It's not a vegetable market Liu Yifeng naturally didn't say this, even a vegetable market has to be civilized!

    Zhan Qiong gestured to Rose to control his mother.

    "Mom, keep your voice down." Rose grabbed Guo Yun's sleeve.

    Guo Yun could only let it go resentfully, but he thought in his heart that Shen Xianyun and Lin Ziyao must look good after a while in court.

    Liu Yifeng said to Zhan Qiong: "The defendant defends."

    Zhan Qiong said: "Dear presiding judge, I will first express my opinion on behalf of the defendant, Ms. Lin Mei. The facts of this case are very clear, that is, Mr. Lin Yunfei voluntarily donated the house to the defendant, Ms. Lin Mei.As a person with full capacity for civil conduct, Mr. ??'s civil acts are legal and valid.  According to the "Contract Law", a gift contract is a contract in which the donor gives his property to the donee without compensation, and the donee expresses his acceptance of the gift.  The defendant, Ms. Lin Mei, accepted the gift. The act of gifting has been completed, and there is no legal reason for revocation.  Therefore, the plaintiff's lawyer in this case applied the wrong law and requested the court to dismiss all the plaintiff's claims.  "

    Lin Ziyao sneered in his heart, it was really embarrassing for Zhan Qiong, he could speak so impassionedly and clearly with his eyes open and talking nonsense.

    Acting school, acting school!  I am really ashamed of myself.

    Zhan Qiong said: "Dear presiding judge, next, I will represent the third party, Ms. Guo Yun, to make an argument. As a bona fide third party, Ms. Guo Yun has obtained the ownership of the disputed house.  The owner is the third person, Ms. Guo Yun. This case is a dispute between the plaintiff, Ms. Shen Xianyun, and the defendant, Ms. Lin Mei.  The defendant should return the unjust enrichment, and it should also be realized in the form of creditor's rights, that is, the defendant repays the unjust enrichment in cash or other ways, and should not return the house registered in the name of the third party, Ms. Guo Yun, to the plaintiff."

    Zhan Qiong thought, even if Shen Xianyun wins the lawsuit, if the house cannot be enforced, it is absolutely impossible for Lin Mei to have 20 million in cash to repay the debt. When the case wins, but there is no way to get the house back, it will be too busy  one game.

    In the end, the house was still in the hands of Guo Yun and Lin Mei, mother and daughter.  (Remember the site URL: www.hlnovel.com
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