Sunday, November 27, 2011

the defendant paid the plaintiff shall also

Zhongguang Wang Ningbo Nov. 8 news (reporter Du Jinming correspondent Hong Lei) Ningbo octogenarian old man on the street after a flash strike in case the opposite sex marriage,UGG 5991, married his wife, gentle and offensive, the old man will be sold to other low-cost housing , who thought his wife not only did not finish paying back the principal families,Mayfaire UGG Boots, their attitude is 180-degree turn, this old man recovered, filed a lawsuit. Recently, Ningbo Zhenhai court case.
Wang Lao is Ningbo, 80 years old this year. Over the years, the elderly has never married, no children knees, lonely life,UGG Paisley, the first two years due to land acquisition, under the name of a set of 70 square real estate. One day in May 2011, Mr. Wang Lao, as usual, go to the farms in the way, suddenly someone patted his shoulder. The old man a look back, come is a 50-year-old women, the old man did not know her. This woman warmly introduce themselves, said she called Chen. Chen offered to sit at home want to Wang Lao. The old man hesitated a moment, think about what people usually have never come to the house, so I agreed.
one enter the house, Chen Mouqin quickly to help cook, clean, but also to accompany Wang Lao chat, the old man feel warm, empty house, finally feel at home. At this time,UGG Roxy, Mr. Chen said he likes for his love at first sight and wanted to marry him. Lonely old man was deeply moved, said nothing so I agreed. Met after the third day, the age difference of more than 20 years old they went to the civil affairs department of the marriage registration.
the first few days after marriage, Chen as a A few days later, Chen proposed, anyway, both married, and feelings so well, we simply transfer to the man's house under the name of Chen, Chen will serve to ensure a good old man with dignity. Anyway, they think the old man is the husband and wife, Chen also promised requirements. Thus,Nightfall UGGs, the two entered into a house sale and purchase agreement, agreed to pay Mr. Wang Lao Chen, $ 400,000 transfer to the Wang Lao Chen under the name of the house. End of May 2011, the two went to the housing authority for the property transfer procedures. At this point, from the two married after only 10 days.
households had finished the house, and did not pay Mr. Wang Lao Chen to buy a house, no longer so keen to take care of him, and even began to reveal the meaning of divorce. Wang Lao relatives also found an exception, by making inquiries learned that Chen had long gambling addiction, gambling the family's possessions were light, and still owe a bunch of outside debt, to pay off debts,UGG Retro Cargo Boot, even before the same means to fool the other elderly people. Wang Lao awakened. October 2011, the Ningbo Zhenhai Wang Lao People's Court for the lifting of the two signed Housing Contracts.
trial, Chen proposed that the plaintiff and defendant are husband and wife relationship, the sale between husband and wife without pay, so you can not pay the Wang Lao Chen to buy a house, Chen also told the court refused to pay a mortgage.
Court held that a party or other delay in performance of the debt can not be achieved resulting in breach of the contract purpose, the other party may terminate the contract. The former, the defendant's house sale and purchase agreement between the parties voluntarily enter into the Department, violation of laws and administrative regulations is not prohibited, shall be deemed valid, the original defendant binding on both parties. The plaintiff has by now about to fulfill their obligations to assist the defendant for the transfer of housing litigation procedure, the defendant paid the plaintiff shall also be about to buy a house. The defendant has not been paid by the plaintiff about 400,000 yuan to buy a house, and in the trial made it clear that the plaintiff refused to pay the mortgage, the debt constitutes a delay in performance, resulting in the original, the defendant signed a housing contract for the purpose of sale can not be achieved. Therefore, demand the lifting of the original plaintiff, the defendant's house sale and purchase agreement signed by both parties, in the legal basis. Ultimately, the court gave their verdict: Wang Lao and Chen signed a sale and purchase agreement to lift the housing, Chen must sentence within ten days from the date of entry into force will transfer to the Wang Lao housing litigation under the name.
judge reminded that at present, the use of individual criminals lonely elderly years of life, ability to distinguish right from wrong is not strong, self-protection awareness is poor and other weaknesses, the name of , and other means of coercion and even violence, serious threat to the elderly person, property, need to arouse the whole society's attention.
share: welcome to comment to comment
microblogging Recommended | today's hot microblogging (edit: SN010)

No comments:

Post a Comment