Ms. Lin, who was watching drama at home, exclaimed: The hostess is sleeping in my bed

Without knowing it, the villa he had not lived in for many years became the filming location of the crew

  This is a very strange case.

  Ms. Lin, who lives and works in Hangzhou, bought a luxurious villa in her hometown five years ago, and has never lived in it since. Last year, Ms. Lin occasionally saw it in a popular TV series. The heroine’s home in the series was familiar, and the people in the series ate, slept and beaten in the villa. Upon closer inspection, it turned out to be his own villa.

  At that moment, Ms. Lin's mood was even more than TV drama.

  Suddenly found:

  The hostess sleeps in my bed

  Ms. Lin's villa in Cixi is quite luxurious, with four floors on the ground and one basement. The ground area is 800 square meters. The basement is a wine cellar and treasure room with 200 square meters.

  Her villa is a model house for real estate, with luxurious European-style decoration and a single wine cellar.

  Ms. Lin came to Hangzhou from Cixi in her early years and has been working and living in Hangzhou. After she bought the villa in 2015, she never went back to live. From the beginning, she considered that she might not live for a long time. At that time, she left the key to the property and asked the property to help with regular lighting and ventilation. The property at that time was called "Ningbo New Shanghai International Property Company", which was a preliminary property company.

  Last September, when Ms. Lin was watching TV at home, she suddenly exclaimed: My house is on TV!

  This TV series is called "My Children and Me", which was produced by Ningbo Film and Television. Ms. Lin's villa became the home of the second daughter in the play. There are many scenes throughout the play.

  Seeing the hostess lying on her bed, Ms. Lin was shocked beyond words.

  In particular, the film "Thank You **** Villa" appeared at the end of the film and television series, which further confirmed that it was Ms. Lin's villa.

  "We bought a model house in the community. The others are sold as rough pieces. The decoration can't be exactly the same. There are scenes around the villa in the play, and the entrance location looks like my house." Ms. Lin said.

  She told:

  Property, TV series producer and broadcasting platform

  On October 8, 2019, Ms. Lin returned to Cixi Villa.

  This time she came prepared, so when inquiring about the property, Ms. Lin recorded the whole process. (Note: After July 2018, Ningbo Wutong Property Company took over the property management of the community)

  From the recording provided by Ms. Lin, we got the following content——

  Ms. Lin: "My villa, is your property embezzled for other purposes?"

  The person in charge of the property company: “Absolutely not. It is absolutely impossible for the house to be used privately.”

  Ms. Lin: "Then I'll just speak directly"...

  When Ms. Lin took out the scenes in the play she filmed, the person in charge hesitated.

  The next day, Ms. Lin went back to the villa for inventory. At that time, she bought a model house and immediately gave the keys to the property. Therefore, the inventory was checked when the house was closed. Now we will make another correspondence: an elevator in the house is damaged and cannot be started, fingerprints The lock is damaged, the luxury silk scarves and all the carpets are stained, a lot of furniture is worn, and the decorative paintings, projections, tableware, etc. are missing...

  The property has not responded positively. A month later, Ms. Lin sent a lawyer's letter to the TV series producer Ningbo Film and Television, and the main broadcasting platform iQiyi, but the lawyer's letter was rejected.

  In desperation, Ms. Lin sued.

  Ms. Lin asked the three defendants of Ningbo Film and Television, Wutong Property and iqiyi to apologize and compensate for the corresponding losses, and demand that Ningbo Film and Television and iqiyi completely stop broadcasting and delete the infringing TV series.

  Television Company:

  This is what the developer promised us to shoot

  Ningbo Film & Television is the producer of "My Children and Me". Their attorney said that they are a serious crew and would not do so-called "trespassing" things.

  The lawyer said that this is a large crew of 200 people. In the early stage, outreach producers went around looking for scenes that fit the plot. Someone recommended this luxurious community in Cixi. For the first time, the Wailian producer also contacted the property as an ordinary tenant. The property took him to see the model house. The producer shot some interior scenes, and the director said "OK" after taking it back. Next, the crew took the letter of introduction from the relevant departments of Ningbo City, communicated with the real estate sales staff and developers, and then went to shoot for 7 days.

  In other words, according to what the crew knew and believed at that time, this villa was a model house of the developer and continued to play the role of the model house. There was no information telling them that the house was sold.

  The defendant's lawyers believed that in law, the crew should be a "good faith third party" and believed that the developer had the right to dispose of the right to use the property. Therefore, it is absurd for the plaintiffs to ask them to "stop broadcasting and remove them".

  In the first hearing on March 18 this year, Ningbo Film and Television stated that they were not the only crew that had filmed in the villa. Another series of "About Love" was filmed in Ms. Lin's villa in January 2018, and the villa became the home of the hero of the show.

  So after the first trial, the producer of "About Love" was also added as the defendant. In the pre-trial meeting two days ago, the lawyer of "About Love" said that we had been in the shooting for 7 days and paid the property a venue fee of 60,000 yuan.

  The property lawyer said that the 60,000 yuan does not count as the venue fee, but the crew used the community club and meals.

  At the same time, the court also added developer Ningbo Xiangyuan Hejing Real Estate Development Co., Ltd. as the defendant. However, they did not come during the pre-trial meeting.

  Focus of controversy:

  Which property company gave the key to the crew

  There is a well-known legal proverb called "wind can enter, rain can enter, and kings can't enter", which is usually used to indicate the sacred and inviolable concept of private property.

  The basic idea of ​​Ms. Lin’s prosecution is the same. According to his attorney, Lawyer Wang Qinbao of Zhejiang Siwei Law Firm, the defendant infringed mainly two kinds of powers. One was the ownership of the house. According to the Property Law, “the property rights of the state, collectives, and private individuals and the property rights of other persons are protected by law. , Any unit or individual shall not infringe”; the other is the right to privacy. The newly promulgated "Civil Code" also clearly stipulates infringement of the right to privacy. Before obtaining the explicit consent of the authorized person, it is not allowed to "enter, shoot or spy on others' Private spaces such as residences and hotel rooms".

  In the court, everyone has a dispute over which property gave the key to the crew, and the two companies have their own arguments. Ms. Lin said that we have a receipt for the payment of property management fees, which is a one-time payment of the property fees for the first three years in 2018, a total of 64,000 yuan, and the collection and stamp is my property: "In 2015, we got the property rights. According to evidence, all these years have paid property fees, but the villa was used as a model house and rented out to the crew without our knowledge. This is an exaggeration."

  During the interview, the reporter called the person in charge of the current property of the villa, Wutong Property Company for several days, and also sent a text message to express his willingness to interview, but as of July 20, the other party had not responded. The fixed telephone number of the property in the indictment is also empty.

  Cixi court staff said that because of the new defendant, the evidence has not been cross-examined, and it is not convenient for the court to express its position, but "the case is indeed strange."

  Our reporter Xiao Jing