Lawyer

Chapter 147 Then try it!
In the process of discussing the case, in addition to the legal provisions, the exchange of industry conditions is also necessary, because the law does not exist in isolation, and each case has its particularity and may have industry characteristics.

A lawyer can tell some unspoken rules or industry conditions of the industry involved in the case, which will make the client feel that the lawyer he is looking for not only understands legal knowledge, but also understands industry knowledge, and it is easier to establish a trust relationship between the client and the lawyer.

If the lawyers don’t know anything about the industry involved in the client’s case, and one of them talks about Qianmen Building and the other about Hip Bone Shaft, and they talk about it differently, the case will most likely be impossible to win.

Of course, there are exceptions, that is, lawyers are particularly good at fooling around, or talking nonsense without mentioning industry matters. Such lawyers definitely exist, and Zhao Zhongcheng is one.But the parties involved are not fools. After being fooled into signing the agency contract on the spot, there are many things that regret not paying the money afterwards.

"Lawyer Fang, your guess is correct. The mortgage documents presented by the other party in the first trial prove that the developer has already mortgaged the parking space to the bank in order to move funds. If the money is not paid later, the bank will naturally apply for enforcement." Lu Meifeng said.

At this time, Lu Meifeng felt that the slightly greasy middle-aged male lawyer in front of her really had two brushes, and she could figure out the situation without reading the case file with a few words.

"According to the first-instance judgment, the court found that your case does not apply to the provisions of No. 20 of the Provisions of the Supreme People's Court Concerning Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts concerning the exclusion of compulsory execution. Instead, apply No. 20 of this provision Seven, reject your enforcement objection and support the bank’s claim, I think the applicable law is open to discussion.” Fang Yidao.

Lu Meifeng was confused. Although she was a shrewd person, she didn't understand the rules and regulations Fang Yi said: "Lawyer Fang, what do you mean..."

"Let's put it this way, did you sign the parking space purchase contract before or after the court seized it?" Fang Yi asked.

"It was before the court seized it, and the bank also admitted in the first instance that it was after I signed the parking space sales contract that I went through the loan and mortgage procedures. The other warrants provided by the bank and the sales contract provided by me have specific time, which can also prove This." Lu Meifeng said.

"Okay, did you actually occupy the parking space before the court sealed it?" Fang Yi then asked.

"That's right, my family's two cars have been using the parking space all the time. And I installed a ground lock on the parking space, so you can tell that someone is using it at a glance." Lu Meifeng said.

"Well, you have already paid the full price for the parking space, isn't that right?" Fang Yi said.

"Yes, I have payment receipts and bank transfer records, which are all in the file bag. They were also submitted in the first trial." Lu Meifeng said.

"The parking lot is issued by the developer in a unified manner. The reason why the ownership has not been transferred so far is because of the developer. That's right." Fang Yi said.

"Yes, that's right, the developer hasn't issued a notice until now, asking me to cooperate with submitting documents to complete the transfer procedures." Lu Meifeng said.

"The questions I asked above are stipulated in No. 20 of the Provisions of the Supreme People's Court Concerning Several Issues Concerning the Handling of Enforcement Objection and Reconsideration Cases by People's Courts.

(No. 20 Article [-] During the execution of money claims, if the buyer raises an objection to the real estate registered in the name of the person subject to execution, if the following conditions are met and its rights can be excluded from execution, the people's court shall support it: ([-]) before the people's court seals the objection A legal and effective written sales contract has been signed; ([-]) The real estate has been legally occupied before the people's court seized it; ([-]) The full price has been paid, or part of the price has been paid in accordance with the contract and the remaining price has been delivered for execution as required by the people's court ; ([-]) Failure to handle transfer registration not due to the buyer's own reasons)
Your case complies with the above provisions, so I think the court of first instance shall apply Article 20 of the above provisions (Article 20 of No. Objections to exclusion of execution raised by outsiders are not supported, unless otherwise stipulated by laws and judicial interpretations), it is inappropriate to dismiss your claim, and there is a suspicion of wrong application of law. "Fang Yi said.

"But the court judged me to lose! Do you think the bank found a relationship? That's what the lawyer who represented me in the case told me. After all, he is a big state-owned bank, and we are ordinary people." Lu Meifeng said .

Uh... How easy is this to say, Chinese people have always had the habit of finding someone to do things, especially when huge interests are involved, but the term "finding a relationship" is after all a guess and it's hard to be sure (everything that can be sure is included).

"Of course this possibility cannot be ruled out, but I think it may also be a matter of the judge's understanding of the legal provisions." Fang Yi said seriously.

"Aren't the judges graduated from law majors? Since they all study law, shouldn't they have the same understanding of legal provisions?" Lu Meifeng wondered.

"It should be said that the vast majority of judges are law graduates, and their understanding of the law is not bad. But you can't deny that people's understanding of things is different, just like a student taught by a teacher. Results vary widely.

In addition, the courts of each region will issue some local guidelines based on the development of the region. Although these guidelines are not laws and regulations, they are more effective than county magistrates.So there are cases where the same case has different sentences.

Of course, I think your case is more due to the judge's personal understanding. After all, the judge needs legal support to judge the case, and he can't mess around.

In recent years, the legal environment in the province has been greatly improved. In the past, the situation you mentioned really existed.Taking ten thousand steps back, can the other party handle judges from the grassroots to the high court?Obviously not. Fang Yi said that he was unwilling to go to the bank to find a "relationship", because that would imply that the parties must find a relationship to win the case.

Once the client has this kind of idea, it doesn't matter whether he entrusts Fang Yi to handle the case. If the client has something to do with him, he can find a small lawyer on the side of the road and give him some money to settle the case. If the client has nothing to do with him, he will go to For lawyers with connections, no matter what the outcome is, the case has nothing to do with Fang Yi.

Fang Yi has no relationship with the court, so he hopes that the parties will feel that the loss in the first instance is a matter of the judge's personal understanding, and at the same time give the parties confidence that there is a chance of winning the case in the second instance.

"Well, if you say that, I understand. Anyway, it's like this. If you don't appeal, you will definitely lose. If you appeal, you may not lose. Then try!" Lu Meifeng said after a while.

(End of this chapter)