Grassroots lawyers also have spring

Chapter 462
Opposite him sat the plaintiff's lawyer, a male lawyer in his fifties with a big square face and a three-quarter hairstyle.The female clerk was handsome, and seeing that the judge hadn't come in when the time came, she stood up and said to the plaintiff, "I'll go find the judge, please wait a moment."

"Go, it's okay, I'll show you the things here!" the male lawyer with a three-to-three hairstyle said hurriedly.Those who didn't know thought the court was run by his family.

Wang Chuan glanced at the other party.

After a while, the female clerk followed a female judge in her 40s with short hair and a judge's robe.The female judge completed the previous procedures routinely.

"Plaintiff, state the claims and factual reasons." The female judge looked down at the complaint and said.

"A request for the invalidation of the house sales contract. Facts and reasons: the plaintiff's son Gao Yu sold the house at XXX Mentougou to the defendant without the plaintiff's knowledge, which violated the rights of the plaintiff... Therefore, the plaintiff requested the court to order the house sale The contract is invalid." The male lawyer with a thirty-seven haircut said confidently.

"Defendant, answer!" The female judge looked at Wang Chuan.

Just as Wang Chuan was about to speak, Fatty Wan stopped him.

"The defendant disagrees with the plaintiff's claim. Gao Yu, the plaintiff's son, conducted the transaction with the defendant under the authorization of the plaintiff. The transaction procedures are legal and compliant, and the sales contract should be valid.

Even if the authenticity of the power of attorney is doubtful, during the transaction process, the defendant Wang Chuan has checked the relevant authorization documents and fulfilled his duty of care, and has fulfilled the real estate sales contract as agreed, and the real estate has been transferred.

Defendant Wang Chuan's behavior was in line with acquisition in good faith, and the property in dispute should belong to defendant Wang Chuan.Request the court to dismiss the plaintiff's claim in accordance with the law. "

"Before the trial, this court notified the second defendant Gao Yu in accordance with the law, but he failed to appear in court. The absence of the second defendant Gao Yu does not affect the trial of this case.

I have here a copy of the statement of defense that the second defendant Gao Yu mailed to this court, and I will show it to both of you. "The female judge gave two copies of the statement of defense to each of the plaintiff and the defendant.

After Wang Chuan got Gao Yu's statement of defense, he glanced at it. It probably meant that the second defendant signed the sales contract privately without authorization, and the power of attorney was signed by him on behalf of his parents, not by the plaintiff.Below is Gao Yu's signature.

Judging from the wording, the statement of defense was full of legal language. Wang Chuan did not believe that the statement of defense was written by Gao Yu himself. He glanced at the male lawyer with a half-cut hairstyle sitting across from him.

I saw that the other party didn't read the statement of defense at all, and was leaning on the chair leisurely, looking at the clerk with a smile on his face.

Fatty Wan frowned after reading the defense statement of the second defendant Gao Yu.

"The plaintiff presents evidence!" The female judge said after looking at the case file roughly.

"Evidence: the housing sales contract and power of attorney, proving that the property was sold by Gao Yu to the defendant without the plaintiff's consent. The proof is complete." said the male lawyer with a haircut of three to seven.

"The defendant cross-examines evidence!" the female judge said.

"The authenticity, legality and relevance of the plaintiff's evidence are recognized, but the purpose of proof is not recognized. The real estate transaction between the plaintiff's son and the defendant has fulfilled all procedures, and the transaction is legal and compliant." Fatty Wang said.

"Before the trial, the defendant Wang Chuan applied to the court to retrieve the transaction documents related to the real estate transaction. The retrieval has been completed and I will show it to both of you." After speaking, the female judge continued: "Please read it and publish it Cross-examination opinions. Defendant Wang Chuan, first express your opinions."

"The first sales contract proves that there is a real estate transaction between the defendant plaintiff and the defendant Wang Chuan, and it is a true expression of intention.

The second evidence is the power of attorney, which has the signatures of the two plaintiffs and a copy of the ID card.Proof that the defendant has exercised his duty of care. " Fatty Wan said.

"The first evidence admits, but the purpose of proof does not.

The second piece of evidence should not be recognized. The power of attorney was forged and could not represent the plaintiff's true intention.Cross-examination is complete! " said the male lawyer with thirty-seven haircut.

"Defendant Wang Chuan, continue to present evidence," said the female judge.

"The proof of the plaintiff's payment of the consideration for the sale of the real estate proves that after the completion of the real estate transaction, the defendant Wang Chuan has paid all the purchase price of the house to the defendant Gao Yu through bank transfer. The proof is complete!" Fatty Wan said.

"The plaintiff cross-examines evidence!" said the female judge.

"The authenticity, legality and relevance of the evidence are recognized, but the plaintiff did not receive the money, the defendant should deal with it separately, and can sue Gao Yu for recourse to the house purchase payment. The cross-examination is complete." The male lawyer with a haircut of [-] points said.

"Defendant Wang Chuan, let me ask you, did you know Gao Yu, the second defendant, before buying the real estate owned by the plaintiff?" the female judge asked.

"I don't know!" Wang Chuan said.

"Does the plaintiff know the defendant Wang Chuan?" The female judge looked at the plaintiff's seat.

"I don't know you," said the male lawyer with a thirty-seven haircut.

"Defendant Wang Chuan, how did you get the information about the sale of the property?" the judge asked.

"I told the defendant Wang Chuan." Fatty Wan said: "At that time, Gao Yu planned to sell the house and listed it in the real estate agency. I once represented him in a criminal case, and he told me about the house sale when he knew I wanted to buy a house. Me, but I didn’t have that much money at the time, so I introduced the defendant Wang Chuan to Gao Yu.”

"Are you familiar with Gao Yu?" the female judge asked.

"I'm not familiar, but I once represented him in a criminal case. After the case was over, he invited me to dinner to express his gratitude. During the chat, I said that I wanted to buy a house." Fatty Wan said.

"Plaintiff, you do not recognize the authenticity of the power of attorney, do you require handwriting identification on the power of attorney?" asked the female judge.

"Request, we apply for the identification of the notes." The male lawyer with a thirty-seven haircut said: "This is our application."

With that said, the male lawyer with thirty-seven haircuts submitted an application to the female judge.

"Defendant Wang Chuan, did you meet the plaintiff when you were in the real estate transaction with Gao Yu?" the female judge asked.

"I haven't seen it. At that time, I found that the name written on the real estate certificate was not Gao Yu. I also asked him to show the power of attorney. Later, I saw that the power of attorney was only his father's name and asked him to go back to his mother to sign it. I still have a power of attorney in my hand." Wang Chuan said.

"Plaintiff, have you visited the property after it was sold?" the female judge asked.

"I haven't been there. The plaintiff hasn't been there until the end of last year, and he didn't know that the property was sold. At the end of last year, the plaintiff planned to help his son clean up the house, only to find out that the house has been redecorated and someone else has moved in." [-] points The hair-haired lawyer said.

"Come here first when the court session starts today. We will notify you of the time for the next court session after the results of the power of attorney's note identification come out." The female judge looked at the case file and looked up at the plaintiff and defendant.

(End of this chapter)