Case Summary] Lu X 1 and Zhang X 7 are husband and wife, and they have five sons, namely Zhang X 3, Zhang X 5, Zhang X 1, Zhang X 6, and Zhang X 4. On June 5, 2009, Lv X 1 signed the Final Agreement with Zhang X 3, Zhang X 5, Zhang X 6 and Zhang X 4, which stated that the original Zhang X 7 and Lu X 1 lived in Room 1701 of Building 3, with an area of 8917 square meters, in 2000 by the second son Zhang 5 contributed Wu Wan Lu Qian Lu Bai Yu Yuan to buy this house, (pay another 4,000 yuan for rent). Regarding the ownership of this property, the following agreement was reached through negotiation of the whole family: 1. This property is owned by Zhang 5 and can now move into the house. (The property right certificate will be handled at a later date). 2. Zhang Mou5 paid his mother Lu Mou1 a temporary residence fee of two thousand yuan per month. Until the death of his mother. 3. The above fees shall be paid at the beginning of each month (punch in), starting from September 2009 and cleared in January. 4. The will of the former old man is valid (June 11, 2008). 5. Signature of relevant family members (fingerprints). 6. This Agreement shall be made in duplicate.
Lu X 1 confirmed that the reason for his request to revoke the contract in this case was that Zhang X 1 was seriously ill and had no place to live now, and he wanted to take back House No. 1071 and **.
The court ruled that Lu X 1's request to revoke the Final Agreement lacked the corresponding factual and legal basis, and the court did not support it.
Lawyer's Analysis] The focus of the dispute in this case is whether the Final Agreement is in the nature of a gift. In this regard, Lu X 1, Zhang X 1, Zhang X 3, and Zhang X 4 claimed that it was in the nature of a gift, and Zhang X 5 believed that it was not in the nature of a gift. If the parties have a dispute over the understanding of the terms of the contract, the true meaning of the clause shall be determined in accordance with the words and phrases used in the contract, the relevant terms of the contract, the purpose of the contract, the trading habits and the principle of good faith. According to the words and phrases used in the Final Agreement, all the terms of the agreement, and the purpose of the agreement, the following contents can be interpreted: 1. House No. 1701 is the joint property of the husband and wife of Zhang7 and Lu1, and the purchase of House No. 1701 is funded by Zhang5; 2. Zhang X 7 and Lu X 1 left a will on June 11, 2008, and all parties signed to confirm that the will was valid; 3. After the death of Zhang7, the right to use house No. 1701 belonged to Lu X 1, and Zhang X 5 paid Lu X 12,000 yuan per month for temporary residence to obtain the right to use house No. 1701; 4. Although the agreement states that "the real estate is owned by Zhang X 5", Zhang X 5 can only apply for the property right certificate after 100 years of Lu X 100 years. A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift. From the contents interpreted by this court, it can be seen that the Final Agreement is not a confirmation of the current ownership of House No. 1701, but on the premise of confirming the validity of the will, before Zhang X 5 inherited House No. 1701 in accordance with the will, there was no expression of intent to donate to the agreement between Lu X 1 and Zhang X 5 on how to use House No. 1701, let alone to accept the gift. There is no factual basis for Lu X 1 to sue for revocation of the Final Agreement on the grounds that the Final Agreement is a gift.
Lawyer reminds that the agreement between Lu X 1 and Zhang X 5 on how to use house No. 1701 in the final agreement is essentially that Lu X 1 transfers the right to use house No. 1701 in exchange for living expenses, and Zhang X 5 pays "temporary residence fees" in exchange for the right to use house No. 1701, which is a paid exchange. Although the parties agreed on a termination period (until the death of his mother), after the death of Zhang7, Lu1, as an elderly man over 90 years old, hoped to return to the house jointly owned by the husband and wife to spend his old age in peace, which should be respected by people and protected by law. If Lu X 1 wants to terminate the agreement with Zhang X 5 on how to use house No. 1701, he can make a separate claim.