Made money, passed door
The house that buys lived two years
However the accused contract is invalid
The house wants to be called in
A few days ago, in Fang Shan area
Happened so first gear child thing
In September 2016, the old person that Mr Li carried intermediary company to buy 77 years old plum the one ring room of old lady under one's name. Last year June, already Mr Li that change the name of owner in a register merges into by plum Mr Chen told the son of the old lady. Mr Chen says him mother contracts mental disease old, when selling a house, be to confine person of civil action competence, sell a room this issue, oneself serve as guardian not know the inside story, also did not get oneself admit posthumously, mr Chen requests a court to affirm building business contract is invalid.
The reporter learned on May 5 today, first instance of room hill court adjudicates Mr Li and plum the contract that the old lady signs is invalid. Gentleman of the accused plum expresses, the house that he buys with regular price, the careful attention that used up Everyman is compulsory, finish change the name of owner in a register to be entered, belong to kindness to obtain. Mr Li refuses to obey first instance adjudicates and mention appeal.
After buying a house two years, be sued by former house-owner son
Plum when the old lady sells a house 77 years old, she and oneself nephew before selling a house deeps gentleman couple lives in experience case building together, trade in the process, nephew deeps the gentleman is accompanied all the time plum old lady, but when this case is tried, deep the gentleman already died.
Forensic cognizance is found out, in September 2016, mr Li adopts intermediary company posture medium plum the house that a floor area that the old lady is in village of room Shan Mou is 86.66 square metre. According to contract agreement, the money buying a house that Mr Li needs to pay is 1.75 million yuan, among them head pay it is 550 thousand yuan, housing accumulation fund borrows money 1.2 million yuan, in October 2016, experience case building registered Mr Li under one's name.
Last year in June, be entered in Mr Li and obtain house property evidence fast two years when, he received the one paper petition of Mr Chen. Mr Chen is former of house-owner plum old lady alone child, this year 56 years old of agent that he also is a case plum old lady, he requests a court to affirm mother and the building business contract that Mr Li signs are invalid.
Accuser: The mother contracts mental disease
Accuser the reason of Mr Chen is, the mother contracts invigorative dissension disease old, and 2015 in the limit of be cognizanced makes person of civil action competence. Accompany in what there is its children when selling afore-mentioned houses, also did not get the admit posthumously of its guardian. "I just am informed a mother to sell the house recently, but the mother also does not say to understand whether house money gives clear up to now. " when this record first time is sessional last year in June, mr Chen says.
Plum old lady in the limit of makes person of civil action competence this be related is solid, get room hill court admits really. 2015, mr Chen is sued to sunny court, application declare mother is without person of civil action competence or limitation person of civil action competence. In December 2015, sunny court adjudicates " in the limit of of declare plum old lady makes person of civil action competence " , plum the nephew of the old lady deeps all cognizance process that the gentleman shared this record.
The accused: All already arrived careful attention is compulsory
Argue of gentleman of the accused plum says, plum the true condition that the old lady conceals her intentionally, the accused does not know in the process that buy a house plum the old lady is to confine person of civil action competence, besides plum old lady is in complex and endless trade the expression in the process is clear and fluent, bearing is normal, "The careful attention that I had accomplished an Everyman to should be used up is compulsory, besides trades the price is regular, she hangs list price is 1.8 million yuan, I buy price is 1.75 million yuan, not apparent under market price case, belong to kindness to obtain. Belong to kindness to obtain..
Mr Li still raises question when afore-mentioned open a court session, "Be in at the outset in deal house process, mr Chen had not appeared, fast nowadays two years, why just be sued now? Why just be sued now??
Court: Did not sentence a contract to disable via guardian admit posthumously
Forensic cognizance thinks, above all, plum the old lady belongs to limitation during the building trades person of civil action competence, and the behavior of punish building belongs to major work, had exceeded range of her civil action competence;
Next, because of plum the old lady does not have a spouse, parents already also died, only alone child Mr Chen, reason Mr Chen is plum the guardian of the old lady, also be plum of the old lady legal agent;
The 3rd, although nephew deeps,the gentleman is accompanied plum the old lady sells a house together, mr Dan Qin is not the person that has tutelar qualification lawfully to Li Yulin, and deep the gentleman should be known perfectly well plum old lady in the limit of makes person of civil action competence;
The 4th, be used to according to trading, the person that buy a house accountability careful checks Mr Li fact plum old lady is other domestic member is relevant circumstance, but Mr Li did not undertake watchful obligation carefully.
On put together, because of plum old lady in the limit of makes person of civil action competence, the business contract that its sign with Mr Li with respect to experience case building must agree via Mr Chen or admit posthumously hind is effective. Final, first instance of room hill court adjudicates Mr Li and plum the building business contract that the old lady signs is invalid.
