First of all, the whole story dates back to 2004. Ms. Li bought a house in Hangzhou. After paying the down payment, she paid the house regularly in the form of mortgage loan. Several years later, she married Mr. Chen. Because Mr. Chen's younger brother's daughter needs to go to junior high school, and her property happens to be in the school district of that middle school, Ms. Li kindly agreed to temporarily transfer the property to her brother-in-law so that his daughter can go to school smoothly.
After the house was built, Ms. Li continued to live in her own house and, as always, paid the mortgage to the bank. In the summer of 20 17, Ms. Li borrowed 250,000 yuan from the bank through her husband to repay the balance of the house. Unexpectedly, her husband died unexpectedly a few months later and she was forced to repay the bank.
With Ms. Li's economic conditions, she can only pay off the money by selling the house, but what she didn't expect was that the brother-in-law refused to transfer, that is, refused to pay the debt.
After her repeated requests failed, she could only find prestigious and reputable relatives at home and try to negotiate the matter privately. After mediation, the two sides signed an agreement and agreed? The house will be sold through an intermediary in the future, and Mr. and Mrs. Chen Mou will cooperate with the transfer formalities? .
Chen Mou is Ms. Li's brother-in-law. He, his daughter and the middleman signed the agreement on the spot, and only Chen Mou's wife was not present to sign it. So, the middleman went to his wife with the agreement, and Chen's wife directly intercepted three agreements and insisted on not paying them.
Second, the brother-in-law family argued that they bought the house themselves. Ms. Li thinks that private settlement is invalid, so she has to go to court with her brother-in-law and her family to sue Mr. and Mrs. Chen Mou. During the trial, Chen's wife refused to admit the real source of the house, but said that the house was legally purchased and bought at a price of 460,000 yuan. In addition, she also has transfer procedures and real estate license, which should be protected by law.
In addition, Chen's wife also said that she knew nothing about the private mediation and the agreement. The agreement that Ms. Li took out is only a copy, not an original, and it has no legal effect.
After careful trial, the court ruled that the house belongs to Ms. Li. Due to the complexity of the case, the judge made four responses after in-depth investigation and clarification of the truth:
1. The defendant (Mr. and Mrs. Chen Mou) claimed the purchase price of 460,000 yuan, including 300,000 yuan by bank transfer and 20160,000 yuan by cash. However, according to the actual investigation, the 300,000 yuan was remitted to Chen Mou account in the following month. What does this belong to? Current payment? , not? Transfer money? There is no corresponding large withdrawal record for the cash of RMB 6,543,800+0.6 million.
2. In 2004, the house price involved had reached more than 440,000 yuan, and the plaintiff Ms. Li spent about 550,000 yuan. Even excluding the rise in house prices after seven years, it is not normal to sell at a price of 460,000 yuan.
3. Although the house involved is registered in the defendant's name, Ms. Li has been living in the house, and Ms. Li has been paying utilities and property fees.
The agreement provided by Ms. Li is signed by both parties, and the middleman can prove its authenticity. Even if it is a copy, it still has legal effect and can prove that the house should be owned by the plaintiff.
After explaining in detail from these four angles, the couple no longer argued and only agreed to register the house transfer back to Ms. Li's name.
I have to say, this kind of case is really beautiful, reasonable, and the kind people are protected by temperature, which makes people enjoy it. I guess Chen Mou was also persuaded by his wife to cheat and deny the debt. After all, Mrs. Chen and Ms. Li are not related by blood. Of course, money is more important in her eyes. Plus, Ms. Li's husband has passed away, and she still has the courage to stage this play? Farmers and snakes? Drama.