The whole story of the "9-year-old Lai Lai case": his father's real estate dispute has lasted for many years and his family will apply for retrial
The Paper Journalist, Liao Yan, intern Zhang Qiuyi
On December 16, the Jinshui District Court of Zhengzhou, Henan Province apologized to the executive officers of the court for restricting high consumption to a 9-year-old girl, stating that the issuance of a consumption restriction order against minors does not conform to the spirit of the relevant legislation and the concept of good faith and civilized implementation, which is wrong. The consumption restriction order was lifted in accordance with the law.
The family of the girl in question, Chen Man, provided The Paper with a verdict on the relevant real estate dispute, which showed that the dispute lasted for many years. Chen Man was 6 years old when he became the defendant for the first time.
Eight years ago, Chen Man’s father, Chen Dong, killed his wife and mother-in-law to sell the house to repay the debt. He signed a contract to sell the house the next day after the assailant. However, after the buyer paid 550,000 yuan for the house, the transfer was not completed and Chen Dong was executed.
Since then, the dispute has arisen and several years of lawsuits have been settled. In October 2020, the court’s final judgment ruled that the House Transfer Contract of the year was invalid. Chen Man and his grandfather and grandma were responsible for returning 550,000 yuan within the inheritance of the heir Chen Dong. responsibility.
Chen Man was restricted to high consumption, that is, after that.
After the consumption restriction order was lifted, Chen Man’s adoptive mother, Chen Ruolan, wrote on the online platform: “The'height limit' has been lifted. Thanks to the Jinshui District Court for giving us a ray of sunshine this winter.” She said for the debt of 550,000 yuan. In the dispute, the grandfather of the child has re-appointed a lawyer and is about to apply for a retrial.
The father killed his mother and grandmother and sold the house without transfer, and the daughter was sued by the buyer
According to the verdict, 8 years ago, Chen Dong wanted to sell his house and used it to pay back the credit card overdraft because he had participated in gambling many times and lost hundreds of thousands of cash. However, his wife and mother-in-law refused, and Chen Dong started. Guilty of killing.
In the early morning of February 24, 2012, he killed his wife and mother-in-law.
The day after the attack, Chen Dong and Wang Ke signed a house transfer contract with a transfer price of more than 680,000 yuan.
Both parties agreed that the purchase price should be paid by Wang Ke in installments.
On February 28, 2012, Wang Ke paid 550,000 yuan, and the remaining house payment was more than 130,000 yuan. After Chen Dong applied for the house ownership certificate to Wang Ke's name, Wang Ke paid all the property certificates at the same time.
On June 17, 2013, the Zhengzhou Intermediate Court sentenced Chen Dong to death and deprived of political rights for life.
Wang Ke failed to wait for the transfer, and Chen Man (born May 21, 2011) was only more than nine months old at this time, and he had no idea what had happened.
Five years later, in 2017, Wang Ke took 6-year-old Chen Man to court for the first time.
On December 16, Chen Man's lawyer, Zhao Bo, provided The Paper with a "Civil Judgment of Zhengzhou Intermediate People's Court", which was signed on June 15, 2018.
According to the verdict, after Chen Dong was executed, on December 20, 2016, the Zhengzhou Intermediate People's Court seized the house under the name of the executor Chen Dong, that is, the house purchased by Wang Ke. The pre-sealed period was three years, starting on December 20, 2016. December 20 to December 19, 2019.
The aforementioned judgment stated that the claims filed by the plaintiff Wang Ke were: 1. To release the pre-sealing of the real estate; 2. To make the house purchase contract with Chen Dong valid.
The defendant Chen Man and his grandfather Wang Weizhi believed that the seizure was legal and effective, and Wang Ke was not the right holder in this case.
Dismissed other claims of the plaintiff.
Based on the litigation opinions of both the plaintiff and the defendant, the court determined that the focal point of the dispute in the case was whether Wang Ke had civil rights and interests sufficient to lift the compulsory execution.
The court further pointed out that although the "Deed" showed that the taxpayer was Chen Dong, Wang Ke did not have the complete right to dispose of the house before the purchase of the house involved in the case, which was the joint property of Chen Dong and Wang Ke's husband and wife, and Chen Dong personally It is clear that Wang Ke credulously believed in Chen Dong’s explanation and did not fully collect evidence for investigation. For these reasons, the judgment found that Wang Ke as the assignee was negligent in the transfer of the real estate involved in the case and did not constitute a good faith acquisition.
In summary, Wang Ke did not enjoy civil rights and interests sufficient to preclude compulsory execution, and the court rejected the claim.
In the second half of 2018, Wang Ke sued Chen Man again.
This time, Wang Ke brought Chen Man, his grandfather, grandma, and grandfather to court.
The "Civil Judgment of the First Instance of the Housing Sales Contract Dispute" disclosed by Judgment.com shows that Wang Ke changed the litigation request to: 1. Order to terminate the "House Transfer Contract" signed with Chen Dong; 2. Order the four defendants to be within the scope of inheritance Return the house purchase payment of 550,000 yuan and interest losses.
The "Civil Judgment" stated that the People's Court of Jinshui District of Zhengzhou City held that the house purchase and sale contract involved in this case has been determined to be unable to continue to be performed.
In addition, the house involved in the case is the joint property of Chen Dong and Wang Ke. After the contract is terminated, the house involved in the case shall be inherited in accordance with the law.
In summary, the court made a first-instance judgment on June 28, 2019: First, it determined that the "Contract for Assignment of Houses" signed by the plaintiff Wang Ke and Chen Dong was invalid; second, the defendant Chen Man and his grandfather and grandma were in the inheritance of the heir Chen Dong It is responsible for returning the purchase price of RMB 550,000.
Dismissed other claims of the plaintiff.
After being sentenced to return 550,000, he was restricted in height, and the court lifted the consumption restriction order according to law
According to "Southern Weekend" previously reported, after the first-instance judgment, Wang Weizhi filed an appeal.
On December 5, 2019, the Zhengzhou Intermediate People's Court remanded the Wang Ke v. Chen Man case for retrial on the grounds of "unclear facts".
On August 31, 2020, the Jinshui District Court made a first-instance retrial verdict. It held that the plaintiff and the defendant had insufficient basis for their claims. The verdict was the same as last time, and Chen Man needed to return 550,000 yuan.
It is worth noting that the "Civil Judgment of Jinshui District Court" provided by Lawyer Zhao Bo mentioned that on April 28, 2019, the "Statement" issued by Chen Man's grandparents stated that , Regarding the real estate under the name of Chen Dong, all of them were given to granddaughter Chen Man.
They will not bear all the debt disputes related to Chen Dong, and all disputes involving the house involved in the case are entrusted to Wang Weizhi, his family member, to handle them.
Zhao Bo told The Paper that Chen Man's adoptive mother filed another appeal.
A "Civil Judgment of Zhengzhou Intermediate Court" provided by Zhao Bo shows that the defendant Chen Man requested the court of second instance to make a ruling to reject the appellee or to reject the appellee's litigation request based on a comprehensive investigation of the facts of the case.
Chen Manfang believes that the statute of limitations for the appellee has expired and the four defendants listed by the appellee are not qualified defendants in this case. They requested the court to reject the original judgment.
The aforementioned civil judgment of the Zhengzhou Intermediate Court stated that the facts found in the second review of this court are the same as those found by the court of first instance.
The court held that the original trial found that Chen Dong had received 550,000 yuan from Wang Ke for the purchase of a house.
In addition, on December 20, 2016, after the Zhengzhou Intermediate People’s Court issued a ruling (2015) Zheng Zhiyizi No. 1444, Wang Ke filed an execution objection and filed an execution objection lawsuit. After all were rejected, Wang Ke filed a lawsuit in this case, so the statute of limitations has not expired in this case.
In summary, on October 29, 2020, the court issued a judgment, dismissing the appeal and upholding the original judgment.
This decision is final.
After the final judgment of the second instance, on November 25, the court issued an order to restrict consumption to the executor Chen Man.
After the consumption restriction order was lifted, Chen Ruolan said that for the 550,000 yuan debt dispute, the child's grandfather had re-appointed a lawyer and was about to apply for a retrial.
Lawyer Zhao Bo believes that on February 25, 2012, Wang Ke and Chen Dong signed the "House Transfer Contract". In March of the same year, Chen Dong killed his wife and mother-in-law. Wang Ke knew the facts of the case and should know that Chen Dong could not effectively transfer. Ke’s right to rescind the "House Transfer Contract" has been calculated, but he did not exercise the rescission right within one year.
According to the law, the case has exceeded the statute of limitations.
Zhao Bo also claimed that of the 550,000 yuan paid by Wang Ke to purchase the house, 200,000 yuan belonged to Chen Dong’s brother Chen Qian, and the remaining 350,000 yuan of Chen Dong spent should be recovered by the public security organs, and Wang Ke should contact Chen Qian and the public security organ Asked, Wang Ke illegally occupied the house of Chen Dong and his wife in accordance with the invalid contract, and the rental fee should be returned to the heir Chen Man. After calculating the rent of the house, it was 346,500 yuan at the time of the original trial. This rent should be paid Wang Ke returned it.
(Chen Man, Wang Weizhi, Wang Ke, and Chen Ruolan are all pseudonyms)