Lawyer's character

"Half a month after the appellant and the developer signed the "Parking Space Subscription Letter", the respondent handled the mortgage registration for the parking space involved in this case. The "Parking Space Subscription Letter" is the true expression of intention of both parties and should be legal and valid. Real Estate Development The developer should transfer the ownership of the parking space to the appellant as agreed, but the real estate developer only delivered the parking space and did not perform the property transfer procedures. The failure of the appellant to obtain the property rights of the parking space was caused by the developer's breach of contract, and the appellant was not at fault.

The appellant has actually occupied and used the parking space. As long as the real estate developer transfers the ownership of the parking space in accordance with the "Parking Space Subscription Letter", the appellant can obtain complete ownership of the parking space.

The transaction between the two parties to buy and sell parking spaces is in line with the customary practice of delivering first and then registering in the sale and purchase of houses and parking spaces in my country. It can be seen from this that what the appellant enjoys is no longer a creditor's right, but should be approximately complete property ownership.

The "Property Rights Law" stipulates that registration of real estate property rights is a requirement for its validity. However, the registration of real estate property rights is only a principle. Article 142 of the Property Law stipulates that the ownership of buildings, structures and ancillary facilities built by the holder of the right to use the construction land belongs to the holder of the right to use the construction land, but there is evidence to the contrary. Except where proven. ’

In judicial practice, developers regard the pre-sale of commercial houses developed to others as one of the proviso situations stipulated in Article 142 of the Property Law. In fact, it is recognized that the buyer of commercial houses can also Becoming an owner is an exception to the registration validity doctrine.

In this case, the appellant’s rights to the parking space involved in the case obtained de facto ownership due to payment and delivery, and had a certain degree of publicity.

According to the principle that property rights have priority over creditor's rights, the rights acquired by the appellant in relation to the parking space involved in this case should be protected better than general claims. The appellant's actual possession of the parking space has a publicity effect on the mortgage rights established later. The appellee's appeal Human rights impose a duty of care.

3. The parking spaces involved in the case are necessary supporting facilities for commercial housing that meet the living needs of community owners as clearly stipulated by law. Although the parking space was registered in the name of the real estate developer, the respondent still had a statutory obligation to review the actual status of the parking space when setting the mortgage rights.

According to the documents submitted by the appellee, the current status of the parking spaces involved in the case when the mortgage was processed was that ‘the garages were all in use’.

The respondent was well aware that the parking space involved in the case was occupied and used by the owner of the community, and that there was a possibility that the parking space had the rights of others, but it did not further investigate whether the parking space had been sold or whether there were other rights holders. As a result, the appellant and the appellee in this case There is a conflict between the rights of the defendant, and it can be seen that the main reason is that the respondent failed to fulfill the necessary duty of care.

4. The respondent claimed that the appellant knew that there was a mortgage on the parking space involved in the case when he signed the "Parking Space Subscription Agreement" and therefore was at fault. This is wrong.

The appellant believed that when it purchased the parking space, there was indeed a mortgage from a non-party, but the mortgage was not related to the mortgage of the appellee and had been canceled before the mortgage was established by the appellee. Therefore, the appellee The claim has no legal basis.

In summary, although the respondent has a mortgage on the parking space involved in this case, which is effective against a third party, the appellant has actually occupied the parking space before it was mortgaged and paid the full price. Registration is faultless. The respondent was at fault when he failed to exercise the necessary care when setting up the mortgage.

Therefore, the appellant has the legal right to exclude the enforcement of the appellee’s mortgage right over the parking spaces involved in this case. Please ask the court to revoke the first-instance judgment and change the judgment in accordance with the law.

Statement completed. "Fang Yi said.

Just now, when the judge asked the old lawyer questions, Fang Yi was not idle. He kept writing with the pen in his hand, and his fingers hurt. He was revising his statement according to the situation of the trial, and he wrote on several A4 papers. This is the final statement.

"Appellant, please submit a representation opinion before the court." The male judge said.

There was a lot in Fang Yi's statement. The male judge knew that the clerk must not have recorded it, so he asked Fang Yi to submit an attorney's opinion.

…

After walking out of the High Court, Fang Yi called Lu Meifeng and told her about the trial situation. Overall, she was quite optimistic. After Fang Yi comforted her for a few words, she hung up the phone.

Looking at the time, it was already past twelve o'clock. A court had been open all morning. Fang Yi walked into a small restaurant in the distance hungry and ordered a rice bowl.

After lunch, Fang Yi, who wanted to take a long-distance bus back to the county, suddenly received a call from Li Shuming, saying that he had a case to introduce to him. Fang Yi hurriedly left the long-distance station and got on the bus at a roadside stop.

"Shuming, what's the case?" Fang Yi walked into Huihuang Li Shuming's office and asked as soon as he entered.

"Lao Fang, I found that you have changed." Li Shuming pretended to be dissatisfied.

"Changed? What changed?" Fang Yi asked confused.

"You are becoming more and more serious about the case and neglecting your friends! I asked you to come over for lunch, but if you don't come, I will tell you that there is a case, and you can run faster than a rabbit." Li Shuming laughed.

"Brother! It's almost one o'clock after I finished the court session, and I'm so hungry that I feel so hungry. If I come to your place for dinner, I guess there will be a news in the newspaper tomorrow morning: Fang, a lawyer from our province, fainted from hunger. On the way to the dinner party. How embarrassing!" Fang Yi raised his right hand to cover his face, pretending to be embarrassed.

"Hahaha, don't do this with me. You have to take leave today and go back after dinner in the evening." Li Shuming said after laughing enough.

"Okay, no problem. I'll call the director right away to ask for leave, and I'll know you're trying to stop me." Fang Yi said with a smile.

Li Shuming put away his smile and said: "I'm not kidding you, there is a real case. I have a manager whose surname is Du and his name is Du Xi. His father was arrested two months ago.

He kept it secret. I saw him distracted at work, and when I asked, I found out that something had happened to his father. He knew that I had a lot of opportunities and asked me to help him find a lawyer. I thought of you. "

"Caught? What crime?" Fang Yi said as he put down his shoulders and sat on the sofa.

When coming to the city for a court hearing, Fang Yi has to carry a lot of things, so Fang Yi can only carry a briefcase on his shoulders.

"It seems to be extortion. I don't know the specific situation. I'll have someone call him in a while. You can find out by asking.

Xiao Du has a good brain and is quite capable. The manager who was just promoted last year had trouble at home and was not interested in working, which is not good for Huihuang, so I want to help him. "After speaking, Li Shuming took out his mobile phone and sent a WeChat message.

After a while, a handsome boy in his twenties who looked a bit like Chen Mouxi walked in quickly: "Mr. Li, you are looking for me."