Recently, a person with rheumatoid arthritis rely on a wheelchair, Guangdong women complaints to the newspaper, she learned that in March 2010 is located in Dongguan City, Sha own Humen Town, Guangdong Province Tai Road No. 6 8 storey residential neighborhood was closed Guixi City People's Court, the reasons for her ex-husband was actually due to the debt being Xiaomou Lin prosecution, the court will assess the 8th floor of the building and the auction.
"Divorce seven years, her ex-husband's why debt by me also?" Questioned when Wang Jiandi complaints.
August 24 to August 26, "rule of law over the weekend" reporter went to Guixi City Humen Town, and to investigate the matter.
Rule of law Weekend reporter Xiao Sha
Wang Jiandi mentioned house is located near the Humen Town, Dongguan City, Guangdong Province government, there is a trade city opposite the house, and there is a bus terminal, normally more people, Wang Jiandi currently leased to businesses of all this residential use.
Reporters saw , found her hands have been shrinking, lower limb paralysis, unable to walk, everything in daily life should be cared for by a nanny. She told reporters that she was suffering from rheumatoid in 1985, 1993, can only rely on a wheelchair. 2003 and Lin divorce, the two have a daughter Funded, after Lin on November 16, 2006 with the registration of her marriage another family, and in July 2009 divorce again.
Funded 26-year-old, to take care of her mother, after graduating from college back in Humen Town, the current and friends and opened a clothing store. Because Wang Jiandi mobility, home care Funded by the size of the transaction.
August 24, Funded tell "rule of law over the weekend" correspondent, Humen Town Road, Sha too 6 residential site is a 4-storey building, at 2003 and Lin divorce, this building 4th floor left Wang brother, although the property has been registered in the name of Lin, but since 2003, the actual use of the property who is , disposable income rental housing by .
"After her parents divorced, his mother due to poor health can not be homemakers, real estate license has been kept from me." Funded said, adding that in 2006 due to the construction of the houses near the business city, house foundations loose and was recognized as dangerous, quickly recommended that the Government demolition, "Later on money from my grandmother and uncle together, built a building site in a building housing the 8th floor, when the construction of houses, the construction project planning permit construction units (individuals), the developer and other sections of the names are Wang brother, father away from home rather than divorce. "
"In 2008, after the new house repaired, I will be the 8th floor of the house to a company, part of the rent to be returned to the uncle." Funded stressed to reporters.
"When signing the lease contract, although Lin father was present, but the lessor is my column Funded tenants ask why is my signature, then explained that his father, the house has been awarded to divorce me and my mother." Funded said she never thought, the new 8-story building will encounter today.
"March 2010, the tenant called me and said, Dongguan court asked him to explain the situation to the court, because the houses have been closed down, and the auction is about to be evaluated." Funded now very excited to bring this thing, "then We know, 8th floor building in February 2009 has been Guixi City People's Court seized. "
Funded to Guixi court that, after consultation, in February 2009, Lin and Xiaomou lending disputes settled by the courts Guixi, February 19, 2009 Guixi court seized eight floor building, and will be in 2010 March assessment, auction, Lin used to repay debt.
"I feel very weird. First of all, Lin Xiaomou in Guangdong, why the court hearing far in Guixi lending disputes between them? Secondly, Lin had to divorce my father left me and my house mother, now why my mother's Auction House 8 layers to his debts? "Funded know very angry after this incident, and to lift the Guixi court enforcement objection, objection was dismissed soon thereafter they ED Yingtan City Intermediate People's Court for reconsideration filed a request to lift the eight-storey building seizure and auction, is still dismissed the application for reconsideration.
Why Jiangxi Cantonese dispute trial
August 26, the reporter went to Guixi City People's Court, met Lin and contractor disputes judge Xiaomou lending officer Xu Hua.
Officer Xu Hua told reporters, Lin and Xiaomou loan agreement jurisdiction disputes, the parties clearly agreed on the loan contract dispute by the court accepts Guixi, "As for the reasons for such a convention, I do not know, as a judge, I only took over the case after the trial according to the law. "
Lawyers specializing in the field of private lending for Suhuai Dong told reporters that a civil case may agree to the jurisdiction of the loan contract of the parties may agree to choose defendant domiciled in a written contract, the contract, the contract is signed, the plaintiff has his domicile, the subject matter of the local people's court jurisdiction, but not in violation of the law on the level of jurisdiction and exclusive jurisdiction provisions.
According to the reporter, in Lin and Xiaomou cases, Lin and Xiaomou residence not in Guixi, Guixi court can accept the possibility of case law should be that the parties to fulfill the contract or loan signed in Guixi. However, the reporter failed to see Lin and Xiaomou original or a copy of the original loan contract.
Reporters tried to contact Lin or Xiaomou to understand the original reason for this convention, but has been unable to dial the phone Xiaomou, but now includes Funded including people can not find Lin himself.
Reporters on civil mediation Lin and see Xiaomou loan disputes, Lin and Xiaomou December 2007 signed a loan contract, Xiao Lin to borrow $ 1.5 million four-month loan period, agreed in April 2008 3, pay off loans, overdue payment of liquidated damages by the amount owed thousandths day. Since then sue Lin Xiaomou required to pay off the principal and the amount owed by thousandths pay day from the date of breach of the date of the breach of contract to pay off. February 16, 2009, Guixi Court accepted Xiaomou prosecution, through mediation, the two sides reached on February 20, "the defendant owed the plaintiff a total debt of 300 million principal amount of 1.5 million yuan, late payments liquidated damages 1.5 million Yuan "agreement.
"Even if my father and Xiaomou loan contract or of performance in Guixi, Guixi court hearing the case is still contrary to the Jiangxi Provincial Higher People's Court issued the" province of first instance on the level of civil and commercial cases under the jurisdiction provisions "the relevant provisions of the." Funded notice explained that the provision that "the jurisdiction of the court proceedings grassroots dissatisfaction with the target amount of 2 million yuan and the party is not domiciled in this area of civil and commercial cases in the first instance," "while Lin and Xiaomou The subject matter of litigation in excess of 200 million, and the two sides are not in Guixi. "
Why is the court seized property ex-wife
Turning to the reasons for the seizure of buildings 8 layers, the official Xu Hua explained that in 2009 he went to Dongguan City Housing Authority and Humen Town, Dongguan City, Houses informed, Lin name has three properties, located in Humen Town, including sand too Road No. 6 4 residential floors, the property card number is 0550201.
"After the seizure of the property, Lin did not raise objections, did not tell the court that he and to the estate at the time of the divorce case left, and we went to the household registration department investigation found that the two sides in the household sector is still registered as husband and wife, and therefore seized 20 million bank deposits. Lin was also to do so will affect the relationship between husband and wife on the grounds, we request unblocking of 200,000 yuan deposit. "Xu Hua, said the official, since All real estate registration department for Lin, Lin also seized without objection, then there is nothing wrong seizure.
The Court rejected Wang Jiandi Guixi objection made in the implementation of the rule book elaborates reason seizure building eight layers: Property Law provides for the establishment of real property, alteration, transfer and elimination, have been registered according to law, take effect without registration, validity, except as otherwise provided by law does not occur. Although Lin and divorce agreement when the court seized of the estate left to Wang Jiandi, but did not change the registration of the real property law, not obtain ownership of the property. Property law, owners of their real or personal property, shall enjoy the right to possess, use and dispose of income, Lin may dispose of their own property by way of renovation and expansion. After the demolition and reconstruction of houses, Lin on the land for expansion after the house ownership.
But this interpretation, Wang Jiandi and Funded not authorized.
"The court seized property for the building permit number 0550201 four layers in fact does not exist, the court house to be seized will disappear. Funding new housing demolition and nothing to do with Lin, the new owner of real estate should be immovable The investor, the house was my mother apply for funding construction, my mother should have ownership of this eight-storey buildings. "Funded so forth her reasons.
Funded in view, even if the building is property No. is 0550201 4-layer, not because it is registered in the name of Lin Lin and is owned by the court seized.
"Between 2003 and the house was demolished, the actual use of the building four layers of people have been me and my mother, and my mother's parents divorced many times to request the transfer of the Houses. However, due to the original four-story house, only real estate license does not land certificate while the Dongguan city government in 1996 introduced requirements must complete two cards to complete the transfer, until now, none of the government's policy on the introduction of a personal residence permit go through the land, it has failed to handle the transfer. "Funded explanation.
Humen Town, Dongguan City, the reporter called the Housing Authority, the council official told reporters that the situation on the real estate registration Funded above is true.
Who owns the property of the New
Wang Jiandi Yingtan Court dismissed the application for reconsideration of the decision mentioned in the book, as a result of ownership of the house number is 0550201 registered in the name of Lin, Guixi City People's Court lawful seizure. Wang Jiandi request reconsideration of the building was later re-opened the new 8-layer, is the right to request execution on the real implementation of the court seized of houses proposed building could not be confirmed until 8 layers belonging, can not be effective to stop execution.
Today, Wang Jiandi have to confirm that indeed the right property lawsuit filed by the Guixi City People's Court, the case will be held Sept. 14 trial.
"In addition, we also submitted to the Jiangxi Provincial High Court 'request for retrial application" to the Jiangxi Provincial Procuratorate submitted a "request for a protest application", hoping to get 8-story building fair deal. "Funded said.
Officer Xu Hua, told reporters after the results came out really right,hogan timeactive, if the court finds that the property is all, Guixi court will immediately re-opened.
In the interview, Funded told reporters that she and her mother is now a self-occupied house property and the seizure of property, income basic rent property from being seized, clothing stores benefit her own business is not very good.
"Great home daily expenses, to spend a lot of money each month for your nanny, mother medication, if the house really was auctioned off to repay Lin, the day after our family will be very difficult." Funded said, because his mother at any time all need care, nanny and medication costs will be long-term.
August 25, the reporter saw , though she was unable to successfully communicate in Mandarin with reporters, the interview process Funded also need to do the translation, but she repeatedly told reporters that the hope that this case can be fair and impartial treatment.
Source: Law weekend