Lawyer

Chapter 77 Final Statement

"There is no evidence." The defendant's lawyer said.

This is also understandable. After all, the party who proposes to rescind the contract is the plaintiff. The plaintiff needs to provide evidence to support the defendant’s fraudulent behavior. The defendant only needs to cross-examine the unfavorable evidence submitted by the other party.

"Before the plaintiff applied to the county public security bureau to obtain evidence, the court obtained relevant case materials according to the application. The case materials showed that no abnormal death occurred in the property traded by the two parties, and the murder scene was a small building on the top of the building. The garden..." After the female judge finished speaking, she handed over the relevant evidence to the plaintiff and the defendant for cross-examination.

"The plaintiff admits this evidence, but according to the obtained evidence, there was a murder case in the small garden connected to the transaction property, and a total of six people died, including a family of five and the murderer.

The small garden was actually used by the defendant's family, and it was relatively independent and different from public places. It was remodeled from the terrace provided by the developer when buying the house, and should be treated as a whole of the house.

Although the homicide did not occur in the house, it occurred in a relatively independent small garden connected to it and used exclusively by the defendant. The plaintiff bought the house because of the function of the garden, so the two cannot be treated separately.

Cross-examination is complete. "Fang Yi said.

After listening to the judge's words, Fang Yi's brain was thinking quickly. When he discussed the case with Li Bin before, he didn't ask whether the crime scene was indoors or in the small garden. He instinctively thought that there should be both.Now after the judge obtained the evidence, it was clear that the scene of the incident was not indoors, which made Fang Yi feel very passive.

But when he saw the floor plan of the interior and the small garden, he had an idea. The two are connected and used exclusively, which means that the small garden is exclusively used by the original owner.From this point of view, it seems that we can rely on a whole. As long as it is recognized as a whole, this case still has a chance.

"The defendant agrees with this evidence. The small garden is not included in the real estate area sold by the defendant, and the sales area agreed in the "Stock Housing Sales Contract" does not include the small garden, so the defendant does not constitute fraud." The defendant's lawyer smiled and looked at the opposite plaintiff Xi, thought to himself: Xiao Mian, you still want to fight with me, you don’t even know where the crime scene is, and you still want to win the case, go ahead and dream.

"Defendant, is the small garden connected to the real estate for sale? Is it only used by the defendant?" The female judge asked: Do these two people know the specific situation? It seems that they have to go to the scene to see.

"The two are connected, but the small garden is not in the sale area, nor does it belong to the defendant." The defendant's lawyer said.

"Plaintiff, do you have any evidence to prove that the small garden is for the exclusive use of the original resident (defendant) and cannot be used by other residents?" asked the female judge.

"We have a floor plan drawn." As he spoke, Fang Yi submitted the floor plan of the house and small garden drawn by Zhou Hai and several photos of the connecting passage between the house and the small garden to the judge.

"The defendant looked at the floor plan and photos." The female judge looked at the materials submitted by the plaintiff and handed them to the defendant.

"Because the house is under the control of the plaintiff, I haven't entered it, so I can't confirm it." The defendant's lawyer scratched his head and said.

"Let's continue the trial. After the court, I will arrange time to organize both parties to visit the scene. The plaintiff's lawyer communicated with the client in advance, and we will go to the scene together when the time comes." The female judge said.

"Okay." Fang Yi said.

……

"Now for the final statement, the plaintiff will make the final statement." The female judge had already started to tidy up the case files on the table.

Fang Yi picked up the revised proxy statement and said: "The plaintiff believes that although the murder scene took place in the small garden on the roof, the small garden is relatively closed and connected to the house, and it is actually used by the defendant's family. The small garden on the roof does not have legal ownership, nor is it included in the scope of the "Stock Housing Sales Contract" signed by the two parties, but the small garden is objectively different from other public areas in the community and cannot be used by other In fact, it has been integrated with the real estate involved in the case.

When the plaintiff purchased the property, both the real estate agent and the defendant introduced the small garden as a bright spot to the plaintiff. The small garden has become an important consideration factor in the plaintiff's transaction, which is in line with daily transaction habits.

Therefore, whether an abnormal death occurred in the small garden will seriously affect the real estate transaction in this case, and will also seriously affect the plaintiff's subjective feelings.Just because the small garden does not belong to the scope of the transaction between the plaintiff and the defendant, we should not turn a blind eye to the abnormal death incident in the small garden, and think that it will not affect the transaction of the houses involved in the case.

In addition, it is a subjective psychological feeling of Chinese people to be afraid of "haunted houses". Although the objective use of real estate itself is not affected, this subjective feeling has formed a certain scale and is accepted by more people in the society, which will inevitably affect the transaction value of houses. , will also affect the buyer's psychology.Therefore, "Haunted House" is not a purely subjective feudal superstition, but an objective public order and good customs.

Back to this case, according to the materials provided by the public security department, there was indeed an abnormal death in the small garden, and the incident occurred when the defendant and his family were living in the property involved in the case, and the defendant should have known about it.

The above-mentioned situation is a major information that directly affects the real estate transaction. According to the principle of good faith, the defendant has the obligation to inform. The defendant should clearly inform the plaintiff of the above information when selling the real estate.

But unfortunately, the defendant did not truthfully inform the plaintiff of the relevant situation, but deliberately concealed the real situation, thereby affecting the correct judgment of the plaintiff, and finally made a statement that violated his true intention.The defendant's actions constituted fraud.

The court is requested to revoke the "Stock Housing Sales Contract" signed by both parties in accordance with the law, and protect the legitimate rights and interests of the plaintiff in accordance with the law.

That's it! "

"The defendant made a final statement." The female judge finished packing the case file and said, "The plaintiff, submit a statement to us in court."

……

After Fang Yi signed the transcript of the trial, he walked out of the court, took out his mobile phone and called Zhou Hai.

"Lawyer Fang, is the court session over?" Zhou Hai's voice came from the phone.

"Well, the court session is over, the case between you and Li Yue'e was judged last time, and Li Yue'e's appeal was rejected, I don't know if she will appeal.

The trial procedure of this case is over today, and the judge will go to the scene to see it on Friday. You can arrange a time, and the judge needs you to be present when he checks the scene.

In addition, according to the evidence collected by the court today, the murder scene is not indoors, but in a small garden, do you want to consider..."

Before Fang Yi finished speaking, Zhou Hai hurriedly said: "Don't think about it, absolutely don't think about it. The small garden is connected to the house and it's for their family's exclusive use. It's like our rural yard. Killing people in the yard What's the difference between killing people in the house, I don't dare to live anymore."

(End of this chapter)