Grassroots lawyers also have spring

Chapter 489
"Appellant, how much is the sale price of the property?" asked the gray-haired male judge.

"In the beginning, Gao Yu asked for 38 yuan, but I thought it was too expensive. After a while, Gao Yu contacted me through lawyer Wan and lowered the price to 35 yuan. But he was in a hurry and asked for a part of the payment before the transfer, and the full amount on the day after the transfer. Pay in full. The evidence includes the bank's transfer records, and there is time on them." Wang Chuan said.

"Appellee, do you know the selling price of the surrounding properties at that time?" asked the gray-haired male judge.

"We learned that a small courtyard was sold in the same area as the property in dispute, and it was said that the selling price at that time was 38.

But the location of the small courtyard is not as good as the small courtyard of the dispute, and there are only three rooms, while the small courtyard of the dispute has four rooms, and the area of ​​the courtyard is much larger than that of the small courtyard.In comparison, 35 yuan sold the real estate in dispute, which was significantly lower. " said the male lawyer with thirty-seven haircut.

"Judge, the information we have learned is different from what the appellee said. Just about two months before the property in dispute was sold, a small courtyard was sold in the same area. The transaction price we learned was 35 yuan, and The small courtyard was listed in the intermediary for almost half a year before it was sold.

The appellant believes that the sale price of the property in dispute cannot be arbitrarily determined to be too low, but should be judged comprehensively based on the seller's expectations and transaction conditions.

First, the traffic in the area where the real estate is sold is not very convenient, and the real estate in dispute is a stone house built a long time ago, so few people are willing to buy it.The real estate transaction in this area itself was not active. It can be said that the real estate in this area was relatively difficult to sell at that time.

Second, Gao Yu, the seller, was in a hurry to spend money. At that time, his listed price in the intermediary agency was only 38 yuan, and the price he quoted to the appellant was also 38 yuan, in order to realize the cash as soon as possible.

We all know that most of the time there is a gap between the listing price and the actual transaction price, especially when money is urgently needed.Therefore, in terms of trading habits, the price of 35 is more reasonable.

Thirdly, Gao Yu, the seller, has special requirements for the payment of the money. He will pay part of the money first, and pay the rest of the house money on the day of transfer.After confirming the transaction price at that time, Gao Yu requested the transaction as soon as possible, so the two parties quickly completed the real estate transfer. If it was a commercial loan, the time would not be enough.This is why the seller is willing to lower the price to sell the disputed property.

Therefore, judging from the above points, the price of 35 yuan of the real estate in dispute was still within a reasonable price range. Under the circumstances at the time, it was already very good that someone was willing to buy it at this price and conditions. " Fatty Wan retorted.

"Appellant, have all the house payments been paid?" The gray-haired male judge continued to ask.

"All payments have been made on the day of transfer. There are bank transfer records as proof." Wang Chuan said.

"Appellee, is that so?" the gray-haired male judge asked.

"We are not very familiar with the situation!" The male lawyer with a haircut of three to seven points neither denied nor confirmed.

"What is the status of the property in dispute in this case? The appellant?" the gray-haired male judge continued to ask.

"The real estate has been transferred to the appellant's name, and the real estate is now in a rental status." Fatty Wan said.

"Appellee, is that so?" The gray-haired male judge looked at the male lawyer with a three-to-three haircut.

"Yes, we only found out later. The property has been transferred, so I don't know who lives in it." said the male lawyer with thirty-seven cents hairstyle.

……

Fatty Wan and Wang Chuan defended the acquisition in good faith, and the judge must of course examine whether the entire transaction process met the statutory conditions for acquisition in good faith.

Article [-] of the Property Law, which came into effect on October [-], [-], stipulates the bona fide acquisition as follows: If the person without the right to dispose transfers real or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, the transferee acquires the ownership of the real estate or movable property (that is, acquires in good faith) if the following conditions are met:
([-]) The assignee is in good faith when accepting the real estate or chattel;

([-]) transfer at a reasonable price;
([-]) The transferred real estate or movable property has been registered if it should be registered according to the law, and has been delivered to the transferee if it does not need to be registered.

Where the transferee obtains the ownership of the real estate or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim compensation for losses from the person without the right to dispose.If the parties acquire other real rights in good faith, refer to the provisions of the preceding two paragraphs.

(Since January [-], [-], the "Property Law" has become invalid due to the official implementation of the "Civil Code", but the provisions of the "Civil Code" on bona fide acquisition are no different from the "Property Law".)
Before the trial, Wang Chuan and Fatty Wan conducted many discussions on the provisions of the Property Law on bona fide acquisition, and collected many cases to support their claims.

Therefore, Wang Chuan and Fatty Wan knew the meaning of every sentence asked by the gray-haired judge, and they were able to provide relevant evidence or reasonable analysis and explanation.Seeing that the judge didn't ask any questions about getting out of the circle, Wang Chuan felt a lot more at ease.

"Now for the final statement, the appellant will make the final statement." The gray-haired male judge said with a sigh of relief, looking down at the case file.

……

After Wang Chuan and Fatty Wan walked out of the court gate, they returned to Zhengyang Law Firm.

"Brother Wan, how do you feel about the court session today?" In the meeting room, Wang Chuan looked towards Fatty Wan.

"It's almost as expected. I don't think it's a big problem." After Wan Fatty finished speaking, he advised: "Don't worry too much. I think the questions asked by the judges of the Intermediate Court are still very good. By the way, your lawyer's fees are all Has it been brought up?"

"Not yet. It is said that withdrawals will not be made until the beginning of next month." Wang Chuan shook his head and said.

"Well, I also have two sums of money that I haven't brought up!" After finishing speaking, Fatty Wan glanced outside the meeting room, and said in a low voice, "Zhengyang Law Firm has not been doing very well recently, and it is said that salaried lawyers' wages have been reduced. It will only be issued in a month. You should hurry up and settle the payment as soon as possible.”

"Well, I heard that Zheng Yi has resigned and went to a financial company to do business." Wang Chuan said.

"I know about this. We contacted some time ago. The company he went to paid well, [-] a month, and there was also a performance bonus. I heard it was engaged in Internet finance." Fatty Wan said.

"Very good, I can transfer his lawyer's certificate to the law firm we bought later, and count the number!" Wang Chuan said in a low voice.

"Well, that's what I mean too. If you have lawyers around you who want to transfer to another firm, you can introduce them. There are more law firms with an advantage in bidding." Fatty Wan said.

"Do you have any arrangements for this time?" Fatty Wan asked after a while.

"Well... There is a case to be heard in Fengtai Court on the 22nd, and there are no other arrangements for the time being." Wang Chuan said.

(End of this chapter)