Guangdong Zhiming Law Firm, another brilliant case from Wang Tengfeng's Art Litigation Legal Team to share with everyone!

I. Basic Case Facts

Yang and Zhou met in late 2008 and had a very close relationship, living together until Yang went abroad in June 2013. During this period, Yang purchased two properties, both registered under her own name. In August 2014, Zhou sued Yang, demanding the return of the two properties and cash totaling 2.6 million yuan. Before the trial, Zhou amended the claims three times, ultimately seeking the return of over 1 million yuan in cash and over 700,000 yuan in property appreciation gains. The first-instance judgment ordered defendant Yang to return 1 million yuan in unjust enrichment to plaintiff Zhou, dismissing Zhou's other claims. The second-instance judgment upheld the original ruling (Yang appealed). Zhou has now applied for enforcement with the execution bureau and filed another lawsuit with the People's Court in August 2015, with the grounds and evidence identical to the previous case.

Zhou stated: To live long-term with Yang, besides contributing to the purchase of two properties under Yang's name in November 2009, she also transferred money multiple times to Yang's bank accounts for living expenses and overseas studies. On April 30, 2012, May 14, 2012, July 25, 2013, September 19, 2013, and April 8, 2014, she remitted HKD 254,000 (equivalent to RMB 203,200), HKD 185,000 (equivalent to RMB 145,000), RMB 304,900, USD 32,580 (equivalent to RMB 202,610.96), USD 16,104 (equivalent to RMB 100,224), and USD 16,102 (equivalent to RMB 100,204) to Yang. Later, as their relationship cooled, they decided to break up and no longer live together.

The defendant's family, impressed by his reputation, sought out Attorney Wang Tengfeng. Wang took on the case under urgent circumstances and assigned Attorney Cao Guanghui as Yang's representative. During the process, the Wang Tengfeng team, leveraging extensive case experience and profound professional skills, conducted in-depth analysis of the case details, informed the defendant of the interests involved, and alleviated various concerns of the defendant's family.

II. Disputed Focus

The focus of the dispute between the two parties in this case is:

1. Whether the 1.05 million yuan transferred by Zhou to Yang constitutes unjust enrichment?

2. Whether Zhou and Yang are in a same-sex cohabitation relationship?

III. Judgment

After trial by the Futian District People's Court, Yang obtained a favorable judgment as follows:

1. Reject the plaintiff Zhou's claims.

2. The case acceptance fee of RMB 14,332 and the property preservation fee of RMB 5,000 shall be borne by the plaintiff, Zhou.

4. Case Analysis

Faced with Zhou repeatedly filing lawsuits over the same incident, wasting judicial resources, Attorney Wang Tengfeng's team carefully analyzed the case and concluded: 1. The funds claimed by the plaintiff against the defendant had already been asserted in the previous lawsuit; the plaintiff merely withdrew part of the claims during the trial, which should be regarded as an abandonment and disposition of substantive rights. 2. The existing evidence provided by the plaintiff proves that the plaintiff paid the six sums involved to the defendant. 3. The two parties were in a same-sex cohabitation relationship. During several years of living together, their finances were commingled, the defendant's bank card was used jointly, and both parties knew the password. Even if the six sums involved existed, they were used for the joint living expenses, travel, and other consumption of both parties.

Ultimately, after thorough investigation and evidence collection and case analysis, the collegial panel fully adopted the representation opinions of Attorney Wang Tengfeng, ruling to dismiss the plaintiff's claims and protect the defendant's lawful rights and interests.