Use opportunely " walk off with " plan
Wisdom predicament of broken protracted executive debt
Details of a case answers put:
Go up century 90 time metaphase, liu Mou of Sichuan male youth is hit by force alone go all out fend, younger sister of Hubei girl Chang Mou was known in the job.
A pair of young men and womens, in alone unfriended foreign land, comfort each other, plus green passion, before long, two people pulled a hand to love each other. Through the association of period of time and love, liu Mou was fond of a knot by force to connect manage Autumn 2002 with Chang Mou younger sister, constituted a family. After getting married, husband and wife two respective busy jobs, adjust each other in the life at the same time.
Unfortunate is, husband and wife in the two processes that suiting each other, produced a lot of contradiction, this basically results from case of two human nature has some of conflict -- disposition of Chang Mou younger sister is enthusiastic and doughty, liu Mou strong nature is sober and gentle. In addition, the strike with the palm of the hand that both sides reachs gold in family concern respect accuses to use a respect to also have many conflict -- Chang Mou younger sister must the economic power that the palm controls a family, but often can be taken care of because of Liu Mou compelled and the close friends such as sister of parents of give financial help to, brother a few gold and get angry, clamorous.
As a result of husband and wife two it is newly-married before long, return future to must reach the life with long-term program, have not bear children again, gradually, husband and wife two love, sexual love all becomes cold, formed later live apart the state of cold war.
Procrastinate to at the beginning of 2008, husband and wife two in cannot continue to bear below the circumstance of marriage of this kind of corpse, agree with consultative divorce.
On Feburary 22, 2008, liu Mou is strong with Chang Mou younger sister signed divorce agreement. Bilateral agreement: During relation of two people marriage puts add, buy, register a house property in Liu Mou strong under one's name to put in Chang Mou younger sister 's charge, chang Mou younger sister wants one-time pay Liu Mou strong RMB 450 thousand yuan serve as compensation.
Husband and wife two after dealing with consultative divorce formalities to civil administration bureau, liu Mou is strong returned ancestral home Chengdu to live. Under one's name covers house property to deliver to Chang Mou younger sister to enjoy then, just await Chang Mou younger sister to fulfill pay reach formalities of house property change the name of owner in a register.
Strong patient ground is awaiting the Liu Mou after returning Chengdu Chang Mou younger sister pays that 450 thousand yuan of cash. But when to in 2010, chang Mou younger sister is holding ex-wife to cover house property then from beginning to end, rely on to rent gain profit, however refus is not dealt with more the formalities of renown change the name of owner in a register, more nonperformance gives Fu Liu some strong the obligation of 450 thousand yuan of cash.
Liu Mou is strong for many times dun also does not have what result, be driven beyond forbearance, he decides to get back 450 thousand yuan of cash reserve in a bank that belong his through lawsuit. He appeals with all possible means, at the beginning of April 2010, recommend through acquaintance, guangdong will know bright attorney office to entrust before know attorney of group of Wang Tengfeng of research center of bright lawsuit art to act as agent case of litigation of dispute of the belongings after he handles a divorce.
After to lodge a complaint of dispute of the belongings after Liu Mou strong divorce, the court passes platoon period, on sessional on June 1, 2010 cognizance. Look as a result of surface of details of a case very simple, handle a case the kind that justice position has intercessory with both sides will solve, but, because younger sister of the accused square Chang Mou hits calm idea to insist to want protracted the time that pays 450 thousand yuan of cash, cause mediation to failed to succeed that day.
On June 3, 2010, handle a case judge again the telephone call is urgent, organize bilateral party and litigant agent to meet, proceed mediation, hope both sides talks things over well, settle dispute at an early date, hear end a case as soon as possible.
And handled a case that day when the judge agrees both sides meets again, just meet accuser party is occupied and disadvantageous present, and sponsor a lawyer also because of occupied and prevenient, do not go temporarily, be forced assign assistant -- exercitation lawyer cooperates to do case judge first, sponsor a lawyer to prepare to drive the past again subsequently.
Unexpectedly, because handle a case,heart of judge end a case is cut, the mediation that had spread out haste when sponsorring the spot when acting lawyer has not arrived works, hasty end a case. Assistant is an exercitation lawyer only after all, lack the experience of to institute proceedings not only, lack more should to handling a case the judge's courage is mixed wisdom. Handling a case the judge's requirement guides below, he not merely the intercessory agreement that ground of exceed one's authority accepted a judge to put forward, still signed a name on service receipt ahead of schedule.
The client in group of Wang Tengfeng's lawyer -- accuser party Liu Mou is strong oneself did not show up personally already, the assistant of group of Wang Tengfeng's lawyer -- below the circumstance that an exercitation lawyer does not have special authorization again, handle a case the judge lets both sides haste signed intercessory agreement and shift to an earlier date actually sign after receiving sth service receipt!
Well-known, a lawsuit is equivalent to a war, accuser and party of the accused both sides and nature of bilateral representative lawyer are the adversary that rich weichis, and handle a case the judge is intended innocently subjective tendency is in very naturally go up objectively meeting and some square become resultant force, try a case subjective intent of the judge more the tendency who, who can be held naturally windward, gain a victory!
Specific in this case, handle a case judge in the past one party of sister of Chang Mou of the accused of apparent ground apt, because accuser party Liu Mou is strong,fail to show up in time with acting lawyer, the assistant exercitation lawyer of group of Wang Tengfeng's lawyer experience ability is insufficient, the strength that strives for with the other side is insufficient, heart of end a case cuts handle a case the judge indulges the tendency overly to younger sister of the accused Chang Mou apparent, also be follow a rational line to do some work well, understandable.
Mediate at that time, although our lawyer asks by the judge the phone seeks client Liu Mou's strong opinion, strong acquiesce of the Liu Mou in haste the instalment plan; of the protracted still time that the other side offers but, think calmly a bit, liu Mou strong sense is very malcontent, feel postpone of woman ill will pays already old, the court that tells now, the other side is even protracted pay, and is the judge returned unprincipled indulge the woman? Think psychology jumps over be indignant more! Then, after intercessory agreement and intercessory book service answer card to sign, procuratorial (the assistant exercitation lawyer of group of Wang Tengfeng's lawyer) after returning law place, liu Mou makes a telephone call suddenly by force, express dissatisfaction strongly, the intercessory agreement content that has signed before requirement court change, requirement woman is one-time pay off debt instantly, absolutely different idea adjourns to pay in installment again! Break out a circumstance to this, is our lawyer immersed in tremendous trouble immediately in -- how to respond to client? How with judge bargaining? Already was the legal copy clerk of affirmatory become effective almost, want to change, this kind of difficult problem is impossible job almost...
Face written complaint of this kind of affection, on one hand, our lawyer serves as accuser Liu Mou's strong main representative lawyer to fail to attend intercessory activity in time the 2nd times personally however to oneself, and assistant exercitation lawyer reachs a judge to coordinate deal with without sufficient experience wisdom capacity and client, bring about client Liu Mou is strong because be absent the spot, communicate through the phone be brought about a meaning to express by the interference of judge press ambiguous, after the event goes back on his word strongly; although because handle a case,this kind of situation basically is the account that heart of judge end a case cuts is caused, but our lawyer fails to hold to principle and standard to accomplish to him job to the queen's taste, bring about handle a case the judge made the intercessory agreement that goes against client of one's own side also feel ashamed regret; on the other hand, I with 10 years several hold already check, think instinctively instinctively, this mediation agreement and the generation that mediate a book exist on legal order apparent mistake, should give lawfully correct!
Press groovy legal lawsuit reality, intercessory agreement and receipt of intercessory agreement service are bilateral when undertaking intercessory all already sign after receiving sth, calculate formal end a case. Accordingly, from apparently look, desk of issue of belongings of Liu Mou strong divorce so far overall situation already was decided, retroflexioned very hard. And, when us to handle a case the judge conveyed client -- when the dissatisfaction that accuser Liu Mou is opposite this by force to mediate agreement and regret meaning, handle a case the judge expresses explicitly, liu Mou's strong ex-wife -- younger sister of the accused Chang Mou has gotten formal intercessory book, intercessory book has been mailed send service, this case mediation book is complete already become effective, you affirm what cannot go back on your word!
There is the senior attorney of certain and good reputation in industry as, the client that my nature not reconciled to invites him -- accuser Liu Mou eats this kind of be unable to speak out about one's grievances by force!
Often be in be in hopeless situation, circumstance of answer doubt pathless unloads hill heavy water, I always am thinking how to strike back absolutely calmly manage forget through lack of practice absolutely. Then, in the lost game that I look in this case surface, the apparently wrong leakage that found a judge to handle a case -- intercessory agreement signs service receipt and intercessory agreement and intercessory book is by did not become independent hold job seniority and the exercitation lawyer autograph that do not have special authorization do sth for sb, these two specific link all are put in the condition that violates apparently!
Our lawyer is captured handle a case these two keys of the judge are wrong, reach bold and decisively to forensic leadership handle a case the judge is made respectively sent two " the lawyer that should adjudicate in time lawfully about violating sign after receiving sth to mediate a book to disable cases " , forensic leadership and handle a case the judge is in after receiving our lawyer to make the lawyer of hair case, felt enormous pressure, they answer the demand of our lawyer instantly, called in with strong manner not only the accused -- younger sister of Chang Mou of Liu Mou strong ex-wife already the intercessory book original of become effective of be issued to the person concerned for safekeeping, and made normal, justice quickly lawfully be helpful for square party of accuser of group of Wang Tengfeng's lawyer -- Liu Mou's strong civil judgment.
Because this record issue fact does not have the controversy of materiality almost, it is younger sister of the accused square Chang Mou only factitious all the time ground is protracted pay deadline just. So, younger sister of the accused square Chang Mou also is done not have to this court decision increase litigant cost in vain again, did not make meaningless appeal pester again.
However, as a result of the accused Chang Mou younger sister does not do change the name of owner in a register intentionally to make over, the house property that its break up still is registered all the time in accuser Liu Mou is strong oneself under one's name. And fixed assets of under one's name of younger sister of the accused Chang Mou and bank account all investigation reveals no evidence, that is to say under one's name of Chang Mou younger sister can be offerred without asset carry out. Accordingly, below normal circumstance, liu Mou is strong cannot apply for to be carried out compulsively to Chang Mou younger sister. So, chang Mou younger sister is in the accused forensic make known to lower levels after judgment still fearless, make calm decision, a word -- procrastinate, the heart thinks, accuser Liu Mou is strong still she does not get do sth to a person!
To client -- accuser Liu Mou is strong be faced with this but and passive situation, regard a representative as the lawyer, our nature is flagrant.
One think, we again with creativity thinking, view brightly compose " legal opinion book " , sufficient lawfully argue, strong elaborated ought to auction accuser forcibly Liu Mou is strong of own under one's name, essence truly younger sister of Chang Mou of attributive already the accused is all, and the house property that Chang Mou younger sister has respondent already actually and uses profit, give group of Teng Feng paying bark's lawyer in order to auction money of gains of earnings of this house property square client -- accuser Liu Mou is strong, in order to realize accuser Liu Mou is strong call in in time him due the litigant purpose of 450 thousand yuan of cash!
Our lawyer is referred to relevant court executive law court continuously executive requisition and complain letter, clarify legal principle reason, the height that causes forensic leadership eventually takes seriously, classics court rules committee thinks after serious research, our lawyer place puts forward think mind of be good law of viewpoint of peace keeping innovation about the innovation that carries out lawfully, can carry ouis case is, as hold the law of integrated suit ability that estate attorney should be good at applying artistic quality adequately, dare, be brave in, be good at using handle a case judge or judicial mistake, bold rich weichis, error correction set right: Do not have the real difficult problem that proclaimed in writing fixes and predicament to law, should be good at around law core, spread out with the legal thinking of creativity think, search for a basis, explain law argue, help administration of justice of well and truly abide by law, in order to reach justice lawful the ideal outcome with reasonable human nature. And absolutely cannot law of ability of adherence and groovy lawsuit, lockstep, follow rules. Embarrass in executive judge put forward: Should carry out an applicant Liu Mou is strong the house property of own under one's name, must sue separately again first counterpoise truly affirm this house property already was belonged to by the applicant after Chang Mou younger sister, when the court carries out the mechanical viewpoint that front courtyard just can carry out. To its the judicatory with become rigid wrong bigotry carries out thinking, we are in " legal opinion book " in cite clearly " People's Republic of China is highest people court announcement " (the law is solved [2004]15 date) the 2nd the 3rd regulation is a basis, inference prepping according to, think, since law is right if the belongings of under one's name of alien of the 3rd person, case is checked solid already belonged to by the applicant can enforce lawfully carry out, criterion this case already checked real prosecutor (applicant) house property of under one's name is real already lawfully attributive the accused (by the applicant) all, criterion of course can be offerred lawfully carry out! Persuaded all judicatory personnel eventually. Clearly, if desk of issue of belongings of Liu Mou strong divorce lacked the litigant art, excellent confluence that lacked reason and legal principle to apply, be impossible to get the satisfactory final result of just ideal!
This shows, in rule and carrying out a process of this case, face the passive situation with very adverse surface, applied ably twice " walk off with " plan, make this case 2 times peak loop turns, bring the dying back to life, achieve perfect result finally.
Here, say OK and proudly, because have in the heart " sheep " ability is successful " conveniently " of the triumph that pull, this is undoubted profit from we tens of year the law of artistic lawsuit ability that studies meticulously.
Add: Case of the belongings after Liu Mou strong divorce is relevant material
Civil indictment
Accuser: ? : of address of?62010219720xxxx of ず of Qia of Gan of of Dan of crane of of school of of Qiang city dredge? XXXXX of Xiao of banter of a bell-shaped percussion instrument.
The accused: ? Does D take the advantage of: of address of?4224311977xxxxx of ず of Qia of Gan of of Dan of crane of of of of boundless and indistinct? XXXXX of Xiao of banter of a bell-shaped percussion instrument
Litigant request:
1, sentence your the accused to fulfill " divorce agreement " instantly Xiang Yuan is accused one-time pay a RMB 450 thousand
2, the entire litigation expenses that sentences your the accused to bear this record.
Fact and reason:
Former defendant both sides was dealt with in government of such-and-such division people on December 18, 2002 marry the formalities that register, should not as a result of bilateral disposition after cannot live jointly, classics both sides talks things over, both sides signed divorce agreement on Feburary 22, 2008, be in at be the same as day government of people of collect lake division dealt with divorce formalities. The agreement in the agreement " will be located in Long Huafeng He Rili 52 803 size house property, civilian treat a highway to go 2 804 size house property put in Long Jingyuan 's charge the woman is all, by the woman one-time give Fu Nan square cash 450 thousand yuan. " later accuser asks the accused fulfils divorce agreement for many times, give Fu Yuan to accuse 450 thousand ready money, but the accused up to now still refus nonperformance.
To safeguard the legitimate rights and interests of accuser, now special Xiang Gui courtyard to lodge a complaint, the total legal cost that asks the accused fulfills divorce agreement to agree obligation bears this record is used.
Your's sincerely
Courtyard of so-and-so civil code
Provide account person: ? Qiang city?
On April 15, 2010
Liu Mou accuses Chang Mou younger sister is fulfilled by force " divorce agreement " compendium of case representative word
One, signed on Feburary 22, 2008 " divorce agreement " it is bilateral and true meaning expresses, and through Luo Hu affix one's seal of bureau of area civil administration affirms, lawful and effective.
2, basis " highest courtyard about applicable (marriage law > the explanation of a certain number of problems (2) " and " marriage registers byelaw " relevant provision, allow party of both sides of husband and wife to come to an agreement because of divorcing to be broken up with respect to belongings. In divorce agreement about belongings intersected clause or because party divorces to break up reached agreement with respect to belongings, have legal sanction to both sides of male and female, bilateral party all should be fulfilled by the agreement.
3, in this case, the accused is rejoining divorce agreement is approved in shape, but in order to do not have money repudiate money gives Fu Yi Wu. Be in what this; should point out is, approbate agreement and whether to have fulfilling ability is two different matters, this is just like you to admitted to lend the money of others, admit those who write to receipt for a loan is you, but because you do not have money now,won't return, receipt for a loan was become " white " , loan need not be returned.
4, according to " divorce agreement " be narrated, the accused has two place house property, one place is Long Huafeng He Rili 52 803 commodity houses, another place is civilian treat a highway to go room of 2 804(farmer does not have Long Jingyuan) of property right card. After two place house property divorces, above lives by the accused all the time use. The accused is completely capable to fulfill money to give Fu Yi Wu.
5, the accused rejoins " divorce agreement " pay date without the agreement, this cannot make the argument of its repudiate agreement. Divorce agreement is a kind of mixture contract (the property that attributes significance of person of husband and wife about the content that freewill divorce and children bring up among them, and the property) that belongings and debt processing belong to belongings of husband and wife to concern, the contract pays date without the agreement, accuser can request to pay at any time, urge through accuser close, inside reasonable time, the accused behoove is fulfilled.
6, the accused is rejoining the argue in shape says house property registers the price is 330 thousand, it is accuser do sth without authorization plans to write for 800 thousand without the basis. The market price that 800 thousand yuan house property price is at that time, and it is the agreement that after agreeing through the accused, signs. Nonexistent con, threatening wait for case, lawful and effective. Retreat one pace to tell, the accused wants to change or cancel belongings breaks up an agreement, also ought to be in after consultative divorce inside a year put forward.
(Law basis: ? Does blain a kind of bag? of dainty of admire of badger of serve of part of the day of Xi of the Fei that show ā 2) the 9th regulation: ?
After people court is tried, did not discover those who wait for case the presence when concluding belongings breaks up an agreement is con, threatening, the suit that ought to reject party lawfully requests.
The place on put together is narrated, " divorce agreement " the belongings that agrees in the book breaks up a clause lawful and effective, request court supports the entire lawsuit request of accuser.
Accuser agent: Wang Tengfeng's lawyer
Zheng Fengdan's exercitation lawyer
On June 1, 2010
The lawyer that adjudicates in time lawfully about violating sign after receiving sth to mediate a book not to have effect cases
Court of such-and-such division people Judge Liu of respect:
Accuse about Liu Mou Chang Mou younger sister fulfills divorce agreement issue one case, via relapsing mediation does not amount to an agreement from beginning to end in careful of formal on June 1 afternoon front courtyard, the judge states mediation fails on the court. Party of the both sides after front courtyard careful ends personal classics signs affirm static await judicial court decision.
Can be morrow, expensive front courtyard is abrupt the phone urges strong demand discusses intercessory matters concerned to front courtyard again, arrive at calling together both sides again on June 3 afternoon front courtyard, haste undertakes below very noisy and involute environment " mediation " , below judicial dominant, bilateral haste is reached " intercessory agreement " , at the same time expensive front courtyard was not done any bright show ask accuser square agent shifts to an earlier date to answer the sign after receiving sth on card in blank service on the spot however! To this, this place is urgent write, express the following opinion:
The first, the judge calls together both sides to discuss intercessory matters concerned to front courtyard again, stem from esteem, accuser just gains front yard only, but arrive not in time in acting lawyer when front courtyard, only exercitation lawyer is participated in, the court is hurried " mediate end a case " , apparent and insufficient rigorous and lawful, exercitation lawyer does not have independence to participate in litigant activity, act as agent especially the ability that mediates major item.
The 2nd, on June 3 afternoon " mediate " activity, it is in the judge one person becomes what undertake below the circumstance of clerk again when the judge namely, apparent, this also offended our country avowedly " civilian tell a way " and relevant " judicial suit is regular " wait for a regulation.
The 3rd, the system of become effective of sign after receiving sth that mediates a book is jural have very strict regulation, the exercitation lawyer that the court in this case asks not to have capacity of independent representative lawsuit answers the sign after receiving sth on card in blank service ahead of schedule, after the event of expensive front courtyard fills under the counter again write content of service of sign after receiving sth to be " intercessory book " , this is very serious book of mediation of illegal behavior; emphasizes system of become effective of sign after receiving sth, it is law the regulation should ensure a litigant adequately true and freewill with complete freedom go back on one's word authority, and can be avoided by any illegal compasses behavior or befool behavior place force anything but, produce any false mediation results thereby.
On put together, lawyer of exercitation of requirement of the court in this case breaks the law to answer the sign after receiving sth on card in blank service ahead of schedule however after the event fills write content of service of sign after receiving sth to be " intercessory book " behavior stripped completely of party go back on his word legally authority, offended our country badly " civilian tell a way " the 91st regulation and supreme court about applicable " civilian tell a way the opinion of a certain number of problems " wait for relevant provision the 95th times, damaged accuser badly to just close right increase. For this, this place requests expensive courtyard judge strongly to correct a:appellant mistake practice instantly, instantly lawfully appropriate processing, expand what avoid wrong harm further, avoid abominable a got-up affair to upgrade, cause more serious consequence. Accuser square reservation complains the influence that find out further!
Only this case is accused, understand please!
Guangdong informs bright attorney office
2010.6.6
Guangdong saves courtyard of civil code of Shenzhen city such-and-such someone
Civil judgment
(2010) is such-and-such first word the 757th
Accuser Liu Mou is strong, male, the Han nationality, in January 1972 1 cry old be born, stay in Shenzhen city XXXXXX, id date 62010219720110xxxx
The attorney barks Teng Feng Guangdong tells lawyer of bright attorney office.
Guangdong of attorney Zheng Feng Dan tells lawyer of exercitation of bright attorney office.
Younger sister of the accused Chang Mou, female, the Han nationality, in October 1977 6 be born, stay in Shenzhen city XXXXXX, id date 42243119771006xxxx.
Attorney Shi Mou, male, the Han nationality, was born on December 22, 1988, live Hubei saves XXXXXX of Zhong Xiang city, id date 420881198812228xxxx
Dispute of the belongings after accuser Liu Mou accuses younger sister of the accused Chang Mou divorces one case, this academy was accepted on April 21, 2010 hind, lawfully applicable and simple and easy program undertook publicly trying plaintiff attorney Wang Tengfeng, Zheng Fengdan, shi Mou of the accused attorney joins suit to front courtyard. This case already was tried now terminative.
Tell to say formerly, both sides of former, the accused was in Shenzhen city on December 18, 2002 government of people of Luo Hu division is dealt with marry register, should not as a result of disposition after, both sides signed divorce agreement on Feburary 22, 2008, dealt with divorce formalities that day. The agreement in the agreement " will repose in Long Huafeng He Rili 52 803 size house property, civilian treat a highway to go Long Jingyuan 804 house property put in A ridgepole 's charge the woman is all, by the woman one-time give Fu Nan square cash 450 thousand yuan. " the accused up to now still agreement of refus nonperformance divorce, the appeal since reason accuser begs a court to sentence your defendant: 1, fulfill " divorce agreement " instantly Xiang Yuan is accused one-time pay 450000 yuan. 2, bear this case lawsuit cost.
The accused argue says, 1, the proper motion of accuser of 450000 yuan of departments that agrees in divorce agreement plans to write, the accused is held to this disagree. 2, the accused never has represented repudiate divorce agreement, it is at present the accused works in Xinjiang only, economically encountered difficulty, raise money hard inside short time come here pen a huge sum of money.
3, the accused can pay this pen money in installment, one-time inside two years perhaps pay 90% money, surplus money pays when house property change the name of owner in a register.
Find out via cognizance, on Feburary 22, 2008, former, the accused is signed " divorce agreement " , be in Shenzhen city that day bureau of such-and-such area civil administration dealt with a divorce to register. " divorce agreement " in conventional: ? D of Yin of balance of Qiang of the ⒘ that make arc smooth with a rake takes the advantage of rice to grow Fu windowing Luo leg of coil up of of of Zou of Pen of fierce of pull out of Zha of 6 ⒎ bursts?2 ridgepole 803 commodity house, market price 800 thousand yuan, civilian treat a highway to go Long Jingyuan 804 buildings, market price 250 thousand yuan. Talk things over now put in the woman 's charge all, by the woman one-time give Fu Nan square cash 450 thousand yuan, deal with formalities of change the name of owner in a register namely, 3, husband and wife reachs debt without collective creditor's rights. If have debt, be assumed in whose under one's name by who. 4, without the child, the woman not pregnant. The woman not pregnant..
In front courtyard careful, accuser states both sides to although put in the specific time that returns money 's charge without the agreement,be in in the agreement, but accuser is communicated through phone and the accused, oral agreement remands after divorce half an year. The accused argue says, both sides copes with money time to have truly communicate, the accused also is approbated truly in order to pay, but in view of at present economically difficult, the accused thinks two, remand inside 3 years this money is relatively appropriate.
Above fact, have divorce card, " divorce agreement " and the evidence such as party state gives proof.
This academy thinks, both sides of former, the accused dealt with what sign when divorce agreement in civil administration bureau on Feburary 22, 2008 " divorce agreement " the true meaning that fastens both sides expresses, both sides all should fulfil the obligation that he should assume according to consultative agreement. Although former, the accused was not in " divorce agreement " in Xiang Yuan of definite agreement the accused accuses those who pay 450000 yuan to pay time, but former, the accused already all affirmed in front courtyard careful both sides copes with money issue to be communicated for many times, reason this academy thinks, former, the accused pays in not definite agreement below the circumstance of deadline, accuser is urged for many times accuse the accused to pay, the accused should pay afore-mentioned money in reasonable deadline introversion accuser, and both sides already divorced 2 years superabundant, the accused had be notted press " divorce agreement " the agreement pays deal with money to also should not reason, reason this academy affirms the time condition that the accused pays has been accomplished, the accused should be in what the agreement in divorce agreement fulfills him agree in time to carry to pay according to both sides compulsory, namely the accused should Xiang Yuan is accused one-time pay 450000 yuan.
According to " code of civil law of People's Republic of China " the 64th the first, " marriage law of People's Republic of China " the 19th regulation, the court decision is as follows:
Younger sister of the accused Chang Mou removes indrawn accuser Liu Mou 10 days to pay 450000 yuan at adjudicating the day of become effective originally.
During be like what did not appoint by this court decision, fulfill pay money obligation, ought to according to " code of civil law of People's Republic of China " the 229th regulation, pay doubly to walk on the debt interest between date of departure tardily.
This case accepts fee 8050 yuan, because collection of halve of applicable and simple and easy program is 4025 yuan, by burden of younger sister of the accused Chang Mou, this accuser Liu Mou already prepay, this academy does not retreat younger sister of Chang Mou of; the accused to answer since the at adjudicating become effective originally day of the burden funny Fu Yuan accuses Liu Mou inside 10 days strong.
If refuse to obey,adjudicate originally, can be in since the day of judgment service inside 15 days, hand over petition for appeal to this academy, the number that presses a the opposing party offers copy, appeal saves court of Shenzhen city intermediate people at Guangdong.
Acting judge: Liu is such-and-such
2 0 0 years one on June 12
Clerk: Gao Mou
Legal opinion book
Such-and-such court executive bureau:
(2010) is such-and-such hold word the 3240th case, some strong application auction registers Liu of application executive person to carry out the house property of person under one's name in application, expensive courtyard thinks according to " matter right law " the relevant provision that waits for law, people court can auction the belongings be related of person be executived only, acting lawyer publishs following legal opinions to consult for carrying out a judge:
One, cannot an onefold view exterior word, do not see essence. " top people court about people court civil the auction in carrying out, regulation that sells off belongings " the first: ? Does raw meat or fish of green of extensive of of school of Mou of silk ribbon of Shi green humorous say to seek heir of of Xi of Chen Min of ⒍ of body of chalk of ⒖ of Suan of Ju of the hesitating that cast aside to vault ㄔ river Φ goes straight towards basketry benzene to believe green of of Lu of ∑ of fan of Bu of Yang of Meng of solemn Dian ⒈ showing disrespect or contempt to write scene of Long １ ? Suitable D of extensive green raw meat or fish takes the advantage of meat and fish dishes of close of razor clam of the first month to shop Qiang holds Ц ?5 10 thousand yuan. The basis of judgment of this become effective is the content that when bilateral agreement divorces, agrees namely, house property returns to be carried out the person is all, person be executived pays an applicant cash 450 thousand. Formally still is registered in applicant under one's name, essence is the house property of person be executived, and this house property lives by person be executived all the time, rental use be benefited.
2, " divorce agreement " , of become effective " civil judgment " , applicant, be carried out even the house property that him person all approves experience proposal returns to be carried out the person is all, if applicant of expensive courtyard proposal wants to solve a problem must additional mention to counterpoise truly appeal to, agent considers as wasteful judicatory resource, do useless work.
3, basis " People's Republic of China is highest people court announcement " (law commentate [) of 2004] 15 date, the 2nd the 3rd regulation: ? Does Su Jia of of a surname of miscellaneous closely question fetters does Yang knock at mu of does Qiang steal busy of of heir of of closely question a surname does of Lu of eight of of of ǘ of Xin of ⑻ of of Mou Huan cast aside thin looks of Fei of Ai of Shuo of alarm of of a surname of ǎ to cast aside to bright does raw meat or fish of Yi extensive green say?
4, the original of house property card of the experience case house property of this case is deposited in the bank, beard applicant and both sides of person be executived are present ability is desirable piece, carry out measure compulsively what person be executived flees a court not to appear now, face the dilemma with be carried out difficult.
Basis " People's Republic of China is highest people court announcement " (law commentate [2004] 15 date) the first the first regulation, people court ought to make assistance carry out advice note, ruling bank assists expensive courtyard to carry out, after taking out original of house property card, expensive courtyard can auction a program to auction this house property according to legal, in order to protect legitimate rights and interests of the applicant.
Person be executived has two flatlet to produce, all rent others lives, collect rent firmly every months, life freehand brushwork in traditional Chinese painting. Watch an applicant instead, one person is single in Sichuan, the house is to hire those who come, business lose money in business, the life is sent more embarrassed. Go into effect of good not easy judgment, the legal awkwardness condition that if with a piece white paper cannot be carried out,still faces become effective judgment now. Ask expensive courtyard to be a basis with the fact, think integratedly all sorts of elements, auction experience case house property, in order to uphold the authority that legitimate rights and interests of the applicant and court regard a judiciary as.
Procuratorial: Feng Dan of Wang Tengfeng Zheng
2010.11.18
Requisition
Court of such-and-such division people carries out bureau, Judge Wang Mou:
Dispute of the belongings after the Liu Mou strong application that expensive courtyard accepts carries out marriage of Chang Mou younger sister one case, record date (2010) is such-and-such the 3240th, carry out difficult question to offer the following proposal with executive judge to expensive courtyard with respect to this case, please expensive courtyard adopts with executive judge:
One, mix according to the applicant by the applicant, at the outset divorce agreement, all return as two house property after marriage by the applicant all, one is commodity house, one is farmer room, now all by be rented use by the applicant. Basis " civilian tell a way " the 102nd regulation, be carried out of the judgment that has produced legal effectiveness to court of refus nonperformance people person perhaps someone else, " the provision that < of top people court implements the job to be like 1000 problems about people court (try out) , , two kinds of people of 67 regulations, can according to its clue, whether does the decision carry out judicatory to detain to its. It is capable to fulfill and refus nonperformance is compulsory. 2 it is the person that did not fulfill ability truly. Of this case be belonged to apparently by the applicant former, capable to fulfill and be carried out of judgment of refus nonperformance become effective person, expensive courtyard can make judicatory detain the 15 decisions of the day to its according to case.
2, since expensive courtyard accepts this proposal, person be executived avoid meeting, executive judge hit countless phones to all be not received listen, disregard legal; not only the obligation that fulfils copy clerk of become effective judge not self-consciously to decide, return leave no stone unturned to conceal belongings, do not have method to finally, when wanting to appear eventually however to executive judge " go about telling people how hard up one is " , and be in " go about telling people how hard up one is " , still Qian Pin asks a lawyer to act as agent this case, should search to be carried out now person, she is informed directly " the lawyer that looks for me talks go " , arrogance is such aggressive!
3, according to our country " code of civil law " , relevant provision, view of person be executived did not fulfill ability, answer to declare belongings to executive court, offer belongings detailed account, the court can take the step such as high to condition of its limitation discrepancy, limitation spending.
The prescription with solve this case to carry out difficult is mixed in Yu Gui courtyard of executive judge strict, serious execute the law.
This case has a variety of methods to be able to be carried out, as a result of by the applicant a lot of obstruct, bring about it is difficult to carry out, the person that be asked defies law, disregard the authority of the become effective document that the court makes, have executive capacity and refus nonperformance, ask expensive courtyard to be applied for to this. The person adopts judicatory to detain wait for measure.
Applicant: ? Allograph of lawyer of Qiang city? )
On November 25, 2010
Complain a book
Such-and-such court carries out bureau director:
Oneself have one executive case to apply for to be carried out compulsively in expensive courtyard, record date: (2010)XX the 3240th, oneself apply for an auction to register the house property in him under one's name, the Wang Mou of expensive courtyard carries out a judge with the basis " matter right law " the relevant provision that waits for law, for the belongings that people court can auction person be executived only all the time refus is not carried out, oneself send case to complain in the light of this matter:
One, the executive judge of this case handles a case thinking become rigid, do not know flexible. Divorce in agreement of civil administration bureau when oneself and divorce of person be executived, issue by civil administration bureau " divorce agreement " , this agreement undertook allocation to house property, namely house property returns to be carried out younger sister of person Chang Mou is all, younger sister of Chang Mou of person be executived is one-time pay this person RMB 50 thousand yuan. The agreement that civil administration bureau makes belongs to the writ of the government sector, have certain legal effectiveness, oneself approbate house property is person be executived, it is formally did not undertake change the name of owner in a register is registered only still register in him under one's name just, this house property also lives by person be executived all the time use. This case carries out the understanding law clause of judge become rigid, handle a case thinking a muscle, do not mix completely according to the fact law. true meaning handles a case.
2, " divorce agreement " , of become effective " civil judgment " , him applicant, be carried out even the house property that him person all approves experience proposal returns to be carried out the person is all, if judge proposal applicant wants to solve a problem must additional mention to counterpoise truly appeal to, oneself consider as wasteful judicatory resource, do useless work.
3, retreat one pace to tell, register the house property in him under one's name, unmanned demur, is the house property that oneself apply for to auction oneself more justifiable have according to: ?
4, the original of house property card of the experience case house property of this case is deposited actually in the bank, need oneself and both sides of person be executived present ability is desirable piece, carry out measure compulsively what person be executived flees a court not to appear now, oneself take forensic judgment to be like paper of same Zhang Bai, can be carried out and judge indulge is not carried out, it is difficult that keep on saying says to carry out. Oneself have reason to suspect, executive judge is put in behavior of pervert the law, original a very simple executive law case, blame is not active and active carry out, urge in oneself fall to seek the ground that cannot carry out with all possible means with shirk duty. If the meaning according to the judge, the judge carries out a case to want the view law clause of become rigid only, buckle legal clause word can, that oneself suggests, full justice changes a robot to handled a case to go, need not waste grain part of the day of the country, the money that wastes our taxpayer criterion.
Person be executived has two flatlet to produce, all rent others lives, collect rent firmly every months, life freehand brushwork in traditional Chinese painting. Watch oneself instead, one person is single in Sichuan. The house is to hire those who come, business lose money in business, the life is sent more embarrassed, go into effect of good not easy judgment, the case blame that can carry out originally is not carried out, him defect at place of field of be in a dilemma, ask expensive courtyard to be a basis with the fact, think integratedly all sorts of elements, auction experience case house property, in order to safeguard legitimate rights and interests of the applicant, the court serves as the authority of the judiciary.
Applicant: Liu Mou is strong
(Lawyer allograph)
2010.12.17
About carrying out the compensatory application of the forehead of mark
Executive judge of respect:
Show expensive courtyard (2010) is such-and-such the circumstance explains related the forehead of the executive mark of the 3240th executive case and compensatory application is as follows:
Applicant Liu Mou is strong with by younger sister of applicant Chang Mou on Feburary 22, 2008 one agreement divorces, bilateral agreement shares house property to return by the applicant, be paid partial exchange price only by the applicant 450 thousand yuan give an applicant. But, long-term since, be not paid exchange price namely by the applicant 450 thousand yuan give an applicant, take up forcibly again house property of applicant under one's name, cause applicant rights and interests to suffer huge loss. Via lawsuit expensive courtyard adjudicates after and application expensive courtyard is carried out on August 4, 2010 the court decision of become effective. Show will relevant rights and interests to apply for: in this complement? Suitable D of reed close meat and fish dishes takes the advantage of meat and fish dishes of close of steep of Ц of ⒅ of rotten σ hesitating Zha Jian adds A Chinese-style unlined garment of Fu of class of new moon of meat and fish dishes of close of law of of of bank of new moon of unconscious close meat and fish dishes Mei Yane Э farsighted ?008 year came to stopped on August 14, 2010 on Feburary 22, add up to 30 months, press computation of 2500 yuan of standards every months, add up to the RMB is rectified 75000 yuan.
Apply for hereby, hope to grant to be carried out along with all the others.
Send this
With high respect!
Applicant: ? Qiang city?
2 0 one by one year on March 20
Carry out reconcile agreement
Party A: ? ? of ず of Qia of Gan of of Dan of crane of of school of of Qiang city dredge, 62010219720110XXXX
Address: ? XXXXX of Xiao of banter of a bell-shaped percussion instrument.
Party B: ? D takes the advantage of?42243119771006XXXX of ず of Qia of Gan of of Dan of crane of of of of boundless and indistinct.
Address: ? XXXXX of Xiao of banter of a bell-shaped percussion instrument.
Party A and Party B because dispute of the belongings after the divorce one case, party A application is carried out compulsively (2010)
Some is such-and-such civilian one first the obligation that the Party B that civil judgment decides go into effect should fulfil the word. Now because Party B is current economy is difficult, classics armour, Party B talks things over repeatedly, reach following agreements:
One, Party B on April 15, 2011 before one-time pay Party A the RMB 532143 yuan (include capital 450 thousand reach sign from Feburary 22, 2008 " divorce agreement " since day, press accrual of computation of interest rate of loan of bank the corresponding period, plan to on January 13, 2011) ;
2, Party B is assisted to deal with He Rili of Shenzhen city Long Huafeng inside two months after Party A gets afore-mentioned money formalities of 52 property right change the name of owner in a register of 803 house property, all cost that formalities of conduction change the name of owner in a register produces assume; by Party B proper motion
3, if Party B did not fulfil this agreement the first obligation, afore-mentioned house property still put in Party A 's charge all,
Party A can deal with arbitrarily (include but not proper motion of be confined to sells make over or executive bureau auction folds by court to wait for) now.
This agreement one type triplet. Armour, Party B one each hold, executive bureau of court of such-and-such division people hold, have coequal law effectiveness.
Party A: ? Party B of Qiang city? : Chang Mou younger sister
Sign date: 211 years on March 26
