Lawyer's character

Fang Yi cleared his throat and continued: "According to the provisions of Article 29 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts", during the execution of monetary claims, the buyer shall have a right to the real estate registered in the property subject to execution. If an objection is raised against commercial housing under the name of a development enterprise and the following circumstances are met and its rights can be excluded from enforcement, the people's court shall support it:

(1) A legal and valid written sales contract has been signed before the people’s court sealed it;

(2) The purchased commercial house is used for living and there are no other houses used for living in the name of the buyer;

(3) The price paid exceeds 50% of the total price agreed in the contract.

The plaintiff signed a legal and valid written sales contract in 2009, and your court seized the European Garden property in 2012, which complies with the above requirement (1). The plaintiff has no other housing in his name, which complies with the requirement (2) above.

Although the purchase price paid by the plaintiff was only 40% of the total purchase price, less than 50% of the total purchase price, the reason for the plaintiff's failure to pay the purchase price was Qiankun Real Estate's breach of contract, which was not the plaintiff's responsibility.

In summary, the plaintiff believed that it had actually taken possession of the property and complied with the relevant provisions of the "Regulations of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by People's Courts", and requested the court to exclude the defendant from compulsory execution of the plaintiff's property in accordance with the law.

complete. "

"The defendant responds." The middle-aged male judge said.

“The defendant does not agree with the plaintiff’s claims.

According to Article 29 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts", the plaintiff should pay more than 50% of the purchase price to Qiankun Real Estate before he can enjoy the exclusion of third-party coercion. The plaintiff has only paid 40% of the right to enforce the claim and should not enjoy the corresponding rights.

In addition, the defendant has applied to the court for investigation on the situation of the property under the plaintiff's name. Whether it meets the above regulations cannot be based solely on the plaintiff's statement, but should be based on the investigation results.

The defense is completed. "said the old lawyer sitting in the dock.

In his view, the rule of "paying more than 50% of the total purchase price" is a rigid rule that cannot be broken, so this case is 99% likely to be won. This is what he told people at the bank before.

"The following is the presentation of evidence and cross-examination, asking the plaintiff to present evidence regarding the claims in this case." The middle-aged male judge said. The two people's assessors beside him sat there and listened in silence.

“The first piece of evidence, the purchase contract, proves that the plaintiff purchased the property in Unit 601, Building 5, District 2, European Garden Community before the court seized the European Garden property, and Qiankun Real Estate has the obligation to organize the plaintiff to apply for a loan. The designated lending bank is the defendant.

The second piece of evidence, including the elevator fee, heating fee, property fee and other fees paid by the plaintiff, as well as the gas usage certificate, decoration contract and invoice, proves that the plaintiff has actually occupied and used the above-mentioned property.

The third piece of evidence, the bank transfer record of the purchase price paid by the plaintiff, proves that the plaintiff has paid the down payment in accordance with the contract.

The fourth piece of evidence, a photo of Qiankun Real Estate's office, proves that Qiankun Real Estate has ceased business, the building is empty, and the plaintiff is unable to apply for a bank loan to pay the final payment for the house purchase.

The proof is complete. "Fang Yi said.

"The defendant cross-examined," the middle-aged male judge said.

“The authenticity, legality and relevance of the first piece of evidence, the house purchase contract, are recognized.

The second piece of evidence was the elevator fee, heating fee, property fee and other fees paid by the plaintiff, as well as the gas usage certificate, decoration contract and invoice, which the defendant recognized.

The third piece of evidence, the bank transfer record of the purchase price paid by the plaintiff, was approved by the defendant.

The fourth piece of evidence, a photo of Qiankun Real Estate’s office, was approved by the defendant.

The defense is completed. "The old lawyer said.

The house has indeed been sold. The land and projects under construction of Qiankun Real Estate were previously mortgaged to the bank. Every time a building is sold, the real estate company will submit the relevant sales records to the bank for verification so that the mortgaged property can be released after the bank reviews it. , so these things are not wrong, and there is no need for the defendant to deny them.

The old lawyer believes that these are not the key points and will not affect the outcome of the case. What is important is whether 50% of the purchase price has been paid and whether there are other properties in the plaintiff's name.

"The defendant gave evidence." The middle-aged male judge said.

“The defendant only has one piece of evidence, the Notarial Deed, the Execution Certificate and the seizure announcement issued by your court, which proves that the defendant’s seizure of the European Garden property is for legitimate purposes and is legal and compliant.

The proof is complete. "The old lawyer said.

"Plaintiff, cross-examine the evidence provided by the defendant." The middle-aged male judge said.

"The plaintiff recognizes the authenticity, legality and relevance of the Notarial Certificate, Execution Certificate and Seizure Announcement submitted by the defendant. However, it does not recognize the purpose of proof. The plaintiff legally owns the corresponding real estate and should not be included in the execution among the properties.

Cross-examination completed. "Fang Yi said.

It is a fact that Qiankun Real Estate owes a loan to the bank, and the court has confirmed it. Besides, this is not the focus of this case. The focus is that the defendant should not execute the plaintiff's property.

"In response to the defendant's application, this court went to the real estate management department to obtain information about the property under the plaintiff's name. This is the relevant information obtained. Please take a look at it for cross-examination." The middle-aged male judge said.

"The plaintiff agrees with the court's findings. The cross-examination is completed." Fang Yi said.

Fang Yi couldn't help but sigh, Yunmei was really rich. The investigation results showed that Yunmei owned ten commercial houses, plus a residential house (the property involved in this case).

"The defendant acknowledges the investigation results, which prove that the plaintiff has more than one property in his name, which does not comply with the provisions of Article 29 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts". Cross-examination completed." Old the lawyer said.

“Although the plaintiff has more than one property in his name, I remind the judge that except for the property related to this case, which is residential, the other properties in the plaintiff’s name are all commercial and not residential.

Article 29 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by People's Courts" clearly stipulates that the purchased commercial house is used for residence and there is no other house used for residence in the name of the buyer.

The plaintiff purchased the property involved for the purpose of residence, the property was registered for residential use, and the plaintiff has actually lived in the property legally. Therefore, the plaintiff complies with the above provisions and should enjoy the right to exclude enforcement. "Fang Yi added.

During the trial process, lawyers must be more forceful. They cannot always passively accept beatings and allow the other party to talk nonsense, especially some opinions that are obviously unfavorable and problematic for their clients. They must argue with reason. This is called incomprehension of the law. , and also allow the judge to truly understand the truth.