Grassroots lawyers also have spring

Chapter 589 Is this the reason why you don't support the elderly?
"Okay, brother, I owe you a favor for this matter. I'll call and make an appointment with the tenant in a while. I won't participate in this matter, lest my wife have any objections." Fatty Wan said.

To say that Fatty Wan's work efficiency is really high, what he said in the morning, the tenant came in the afternoon.

The tenant sitting in the conference room was indeed tall and tall, and the chair was squeaky when he sat on it. His dark skin knew that he often received special care from the sun.

What the tenant said was similar to what Fatty Wan said. When it came to the lawyer’s fee, the tenant was a little embarrassed. Finally, the lawyer’s fee was reduced to 5000 yuan, and the two parties signed an entrustment agreement.

Because the old lady is over 70, it is inconvenient to come to the law firm in the nursing home. After contacting Wang Chuan, he drove there and went through the entrustment procedures smoothly. Fatty Wan did not show up this time.

On September 12, [-], No.[-] trial division of Mentougou Court.

Wang Chuan sat in the dock, waiting for the trial.Opposite him sat a young man with red hair, and next to the young man sat a male lawyer in his fifties, with a fat body and two big bags under his eyes that looked like panda eyes from a distance.

"The court is now open, the plaintiff, state the claims, facts and reasons." A chubby female judge in her 30s sitting on it said with a blank expression.

"The plaintiff's claims: first, to request the court to confirm the invalidity of the lease contract signed between the two defendants; second, to ask the first defendant (tenant Qiu Rong) to move out of the leased property; third, to bear the legal costs of this case by the defendant.

Facts and reasons:
The plaintiff is the grandson of the defendant Er Lu Liangmin. The second defendant, the plaintiff's mother and the plaintiff signed an agreement on the division of family property, agreeing that all the benefits of the family demolition belong to the plaintiff.

The leased property in this case is the property of the plaintiff, and the defendant Liangmin Erlu only has the right of residence.In July [-], the second defendant rented out the property where he lived to the first defendant.

The plaintiff believed that although the second defendant had the right of residence, he had no ownership of the real estate, let alone the right to rent it out, so he sued the court to request the court to support the plaintiff's claim according to law. said the male lawyer in his 50s sitting on the plaintiff's table.

"The defendant pleads." The female judge said.

"Defendant disagrees with plaintiff.

The plaintiff in this case is the grandson of the second defendant. When signing the mediation agreement, the agreement clearly stipulates that the second defendant Lu Liangmin has the right to "unconditional residence". It has the same connotation as 'unconditional use' in everyday language.

Although the second defendant has no ownership of the house, it can be seen from the connotation of the above words that the second defendant has the right to possess and use the house, and the plaintiff has transferred the right of possession and use in the ownership to the second defendant.Therefore, the second defendant has the right to rent out the property to the first defendant in order to live.

In addition, when defendant [-] rented out the property rented by defendant [-], he knew the status and ownership of the house, and defendant [-] also showed him the mediation agreement at home.Therefore, the second defendant did not conceal the real estate facts when he rented out the real estate.The lease agreement signed by both parties should be legal and valid.

The above is the defense opinion, and the court is requested to reject all the plaintiff's claims in accordance with the law.The defense is over! "Wang Chuan said.

"Plaintiff, provide evidence for your claim." The female judge said.

"Evidence [-], the mediation agreement, proves the relationship between the plaintiff and the second defendant, the leased property belongs to the plaintiff, and the second defendant only has the right of residence.

Evidence [-], the lease contract, proves that defendant [-] leased the property he lived in to defendant [-] without the consent of the plaintiff.

The proof is over. said the male lawyer in his 50s.

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

"The authenticity, legality and relevance of Evidence [-] are recognized, but the purpose of the proof is not recognized. The mediation agreement stipulates that the defendant [-] has the unconditional right of residence, which means unconditional use. The defendant [-] also rented out the property to the defendant [-]. One way, reasonable and legal.

Evidence [-] The authenticity, legality and relevance of the lease contract are recognized, but the purpose of proof is not recognized.Defendant [-] has the right to rent out the property without the consent of the plaintiff.

Cross-examination is complete! "Wang Chuan said.

"The defendant presents evidence!" said the female judge.

"The defendant has only one piece of evidence, a certificate issued by the village committee where the defendant and the plaintiff are located, proving that when the village committee issued the mediation agreement at that time, the unconditional residence was written, which meant that the defendant Erlu Liangmin could use the property unconditionally, As long as the property is not sold.

The proof is over! "Wang Chuan said.

When Wang Chuan went to the director of the village committee to issue a certificate, the village director was very happy. The main reason was that Mrs. Lu's grandson had gone too far, and the villagers couldn't stand it.

There is another main reason. The village director also went to his house twice, but the young man got so angry that he scolded the village director out of the house and told him not to meddle in other people's business.The village director's face turned green with anger.

"Plaintiff, conduct cross-examination." The female judge said.

"We do not accept the proof of the village committee, and the plaintiff believes that it should be interpreted literally." said the male lawyer in his 50s.

"Defendant's agent, let me ask, why did the second defendant rent out the property when he lived in a good place?" the female judge asked.

"According to the mediation agreement, the plaintiff should bear the obligation of supporting the second defendant, but the plaintiff has never paid the second defendant a penny, nor has he visited the second defendant.

The second defendant is 76 years old this year, has no ability to work, and has no source of income. He stays in a house and has no food or drink. Only his daughter who married far away in Huairou occasionally visits her.

In desperation to survive, the second defendant rented out the property to the first defendant, lived in a nursing home, and paid the expenses of the nursing home with the rent obtained from the rental property.This is the reason for renting out properties. "Wang Chuan said.

In fact, the old lady Lu's daughter didn't want to see her mother suffer, and wanted to take her away, but the old lady Lu felt that the money and house for the demolition were given to her grandson, but she let her daughter take care of the elderly. She couldn't do this, so she didn't Go to my daughter's house.

"Plaintiff, is that the case?" asked the female judge.

"Why didn't I take care of it? Isn't that house for her to live in! Besides, I have to live! How can I have so much money for her! Her daughter should also bear part of the maintenance obligation, so I have to take care of everything! "The red-haired young man yelled.

"Plaintiff, is the more than 100 million demolition funds written in the mediation agreement in your hands?" asked the female judge.

"Yes, it's in my hands. My grandma gave it to me voluntarily. What's the matter?" the red-haired young man said loudly.

"You said just now that you have no money, so you spent more than 100 million yuan?" the female judge asked.

"No, I didn't spend all of it. But you have to think about me. I'm 25 this year, and I earn more than 3000 a month. I can't marry a wife and have children! How much money is enough!" said the red-haired young man.

"That's why you don't support the elderly?" the female judge asked in surprise.

(End of this chapter)