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Chapter 446 Dispute about buying a house in the name of others (11)

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    Lin Ziyao said: "The plaintiff claimed that he paid the purchase price in 1997. The defendant, Guo Ping, did not deny this, but paying the purchase price does not mean that he has obtained the ownership of the disputed house. The establishment of property rights requires  Registration. Second, the house in dispute is the housing reform of Wang Dashan¡¯s work unit, and the purchase of the house reform house requires purchase qualifications. In July 1997, the house in dispute was undergoing housing reform.  The housing reform, and the purchase price of myself and Guo Ping was deducted from the purchase price, so the 50,000 yuan paid by Wang Wei was not the whole house purchase price.¡±

    Lin Ziyao went on to say: "Thirdly, the written evidence of Mr. Wang Dashan and the defendant Ms. Guo Ping issued by Mr. Wang Wei clearly states that after the two old people pass away, the real estate in dispute will be inherited by Mr. Wang Wei, and outsiders  No interference, it can be said that this is a will, and its effectiveness should be after the death of Mr. Wang Dashan and Ms. Guo Ping. It is not what the plaintiff stated.  Wei's confirmation."

    Lin Ziyao said: "Fourth, although Mr. Wang Dashan and Ms. Guo Ping wrote written documents in November 1997, they later changed the ownership of the disputed real estate orally, expressing that they would  The property in dispute was left to the defendants, Wang Qi and Wang Mei, as their retirement home. Therefore, since the will held by Mr. Wang Wei is inconsistent with the subsequent will, the subsequent will shall prevail, and the property in dispute should be owned by the two defendants  .¡±

    "The defense is over." Lin Ziyao said.

    "Does the plaintiff add anything to the defendant's defense?" Zhang Ying asked.

    "Of course." Before Cao Hui could speak, Wang Wei couldn't wait to say.

    "The defendant's lawyer is talking nonsense." Wang Wei pointed to Lin Ziyao.

    Lin Ziyao is used to such accusations, and still maintains a decent smile on his face.

    "Next, let's present evidence and cross-examination." Zhang Ying said.

    Cao Hui said: "The plaintiff submitted the following pieces of evidence to the court: the first piece of evidence is a statement written by Mr. Wang Dashan and the defendant, Ms. Guo Ping, which stated: My husband and I now live in Unit 6, Building 7, No. 23, Hupan Road.  A set of real estate is a public house of Wang Dashan¡¯s unit. When the public house was sold during the housing reform period in 1997, we bought it in the name of employees and kept it private. At that time, due to economic problems, we negotiated with his son Wang Wei and agreed to buy it with his capital.  After our death, the property right should be owned by his son Wang Wei, and others have no right to interfere. At the same time, for fear of disputes in future generations, hereby write a book as evidence. Writers: Wang Dashan, Guo Ping. November 1997  Yue Li', this evidence proves that Mr. Wang Dashan and Ms. Guo Ping admit that the ownership of the disputed house belongs to the plaintiff Wang Wei. The second evidence is the payment record of the disputed house purchase price, and the payer is Wang Wei, which proves that in 1997  During the housing reform, Wang Wei only bought the house in the name of his parents, and the actual investor was Wang Wei. The two pieces of evidence together prove that the actual owner of the house in dispute is the plaintiff.¡±

    "The three defendants cross-examined evidence." Zhang Ying said.

    Lin Ziyao said: "On behalf of the three defendants, I jointly cross-examined: I have no objection to the authenticity of the first piece of evidence."

    This is an objective fact. Guo Ping did not deny it, and Wang Qi and Wang Mei did not want to deny it regardless of the facts. From this point of view, the three of them are all people who seek truth from facts.

    Lin Ziyao went on to say: "I have no objection to the authenticity of the second piece of evidence. But I have objections to the object of the first piece of evidence and the second piece of evidence. The two pieces of evidence can only prove that Wang Wei paid the purchase price.  However, it is not recognized that the ownership of the house in dispute belongs to the plaintiff. The ownership of the house should belong to Wang Dashan and Guo Ping. In addition, in the first evidence, it has been stated that the house can only be disposed of after the death of Wang Dashan and Guo Ping. Now Guo Ping  He is still alive, and Wang Wei has no right to ask for the disposition of the property in dispute."

    Just as Lin Ziyao finished speaking, Wang Qi, who had been in deep thought, suddenly said, "Comrade judge, I have something to say."

    "Agree." Zhang Ying said.

    Although there are lawyers, the parties can of course speak and express their views in court.

    Wang Qi said: "Although my brother, the plaintiff, paid the 50,000 yuan for the purchase of the house at that time." Wang Qi pointed to Wang Wei with her finger, and then continued: "However, I dare say that my parents paid for the money.  It has been returned to him later, because as far as I know, my parents have given Wang Wei money one after another, 12,000, and 12,000. My father passed away last year. Over the years, the money given to Wang Wei  It must be more than 50,000 yuan, so it should be said that my parents have already paid off the purchase price that Wang Wei said he paid for the house. It can only be said that there were some difficulties at home back then, so let Wang Wei pay for it first."

    Wang Mei has always been in the same spirit as Wang Qi, and when she heard Wang Qi say this, she quickly echoed: "Your Honor, that is indeed the case, my sister is right."

    Wang Wei almost vomited blood in anger. His parents did give him some money, but every penny counts for one yard. How could it be mixed with this house.

      Lin Ziyao lamented that the two old men are quite smart.

    Wang Wei couldn't sit still anymore. He asked back: "In 1997, you all went to work in the factory. If your parents just asked me to advance money, why didn't you pay a cent?"

    Wang Qi was stunned, and quickly realized, saying: "How do you know that I didn't give money to my parents, but just spent it elsewhere? Over the years, the utility bills at home were not all paid by me and Wang Mei."  .¡±

    Wang Mei agreed again, nodding repeatedly.

    "You live in a house, and you don't pay for water, electricity and gas. Do you still want me to pay?" Wang Wei asked rhetorically.

    What the two sides said seems to have some truth~

    In fact, in a family, everyone doesn¡¯t distinguish between you and me for a long time, and money is a kind of thing that looks the same, with no personality, no name or number, and no one can tell where the money is spent.  , anyway, they are all adding bricks and tiles to the family; unlike specific objects, they have their own personality and can be recognized at a glance.

    Kinds of things and specific things are a classification of things in civil law.

    Kinds of things are a kind of things with common characteristics confirmed by varieties, specifications, quality or weights and measures.  Such as 1 ton of coal, 20 kg of rice, etc.  Species are substitutable when they are traded, so they are also called substitutables.  Specific objects can also become specific objects if designated by the parties concerned.

    Specific things are things that have unique characteristics or are specified and cannot be replaced.  Specific objects include not only unique objects, such as Qi Baishi's paintings, unrepeatable handmade works made by oneself, etc., but also specific types of objects designated by the parties, such as selected furniture and jewelry.  Specific objects are also called irreplaceable objects because of their irreplaceability.  (Remember the site URL: www.hlnovel.com
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