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House is always an unavoidable topic in the lives of Chinese people!
The protagonists of today's story, John Li and Anne Zhang, were once a couple living in Qingpu, Shanghai. After they broke up, they had a dispute over the ownership of the house, and finally had to go to court.
Case review
John Li is a foreigner born in the 60s, and by chance he met Zhang Annie in the 80s, fell in love with her at first sight, and launched a fierce love offensive. Soon, the two established a romantic relationship.
People with social experience know that most of the love relationships of "old husbands and young wives" cannot last long. In order to stabilize love, John Li invested 910,000 yuan in 2014 to buy a commercial and residential house in full, and registered the house in the name of Zhang Annie.
This really touched Annie Zhang's heart at that time. However, the house is only the material basis for a long-term relationship, not everything, everyone who understands it.
After getting along for many years, John Li and Annie Zhang still broke up. The specific reason for the breakup may only be known to them.
No matter how tender and sweet you are when you are in love, you always have chicken feathers when you break up.
In this place, the most difficult thing to sort out is the ownership of this house.
John Li insisted that he was the actual owner of the house, and repeatedly asked Zhang Annie to return the house, but Zhang Annie refused.
Zhang Annie said: The house was given to me by you on your own initiative and registered in my name. Since it was given to me, it is my thing, how can there be any reason to go back?
The two said that the public was reasonable, and the mother said that the mother was reasonable, and the dispute could not be resolved, so they had to resort to the court.
Court mediation
In court, John Lee asserted: "I paid for the purchase of this house and taxes and fees, is that correct?" When you bought a house at that time, you also said many times not to put it in your name, do you admit it? So although this house is registered in your name, it is only because I am not qualified to buy a house because I am a foreigner, and I borrowed your name to buy a house, in essence, you hold this house on my behalf. Therefore, the actual owner of the house is me, and you can not return my house, but you have to pay me back the purchase price, taxes and the increase in the value of the house, a total of 1.24 million. ”
Zhang Annie defended: "The real estate certificate is in my hand, and it is my name registered on it, which is my house!."When I was chasing me, I said that I would give it away, but now that I broke up, I said that I held it on behalf of me, why are you so scummy!”
The two sides took a hard-line attitude and refused to give in to each other, and the trial of the case reached a deadlock for a time.
The presiding judge was an experienced "old mage", and when he saw that it would be undignified for the two to continue arguing, he quickly stopped and patiently persuaded them separately.
After repeated communication and explanation of the law by the judge, the two finally reached mediation and took a step back
The house is still owned by Annie Zhang, but she wants to compensate John Li 600,000 yuan.
Case Analysis
The focus of the dispute in this case is how to distinguish between "borrowing a name to buy a house" and "gift relationship".
First of all, the parties did not sign a written escrow agreement, and the evidence provided by John Li to the court was insufficient to prove that Annie Zhang was holding the house on his behalf. Therefore, it is difficult for the court to support his so-called claim of "borrowing his name to buy a house". Second, John Li explicitly denied that the house was given to Annie Zhang, and Annie Zhang did not have any evidence such as a written gift contract to prove the gift relationship she claimed.
Therefore, in the case that neither party has sufficient evidence to prove their claims, the court mediates in the middle, so that both parties can take a step back and reach an agreement, which is indeed the best way to deal with it. Seeing friends here, what do you think of the real estate dispute between John Li and Zhang Annie?Welcome to leave a message in the comment area to discuss.
Disclaimer: The story is based on a real caseNames have been changed. The article is intended to popularize the law, and the pictures come from the Internet. If there is any infringement, please contact us to delete.
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