Homosexuality triggers lawsuit, lawyer skillfully resolves chain of cases
Guangdong Zhiming Law Firm's Zhiming lawyer team shares another brilliant case with everyone!!
I. Basic Case Facts
Yang and Zhou met in late 2008 and developed a close relationship. They subsequently lived together until June 2013, when Yang went abroad. During this period, Yang purchased two properties in her own name. In August 2014, Zhou filed a lawsuit against Yang, seeking the return of the two properties and cash totaling 2.6 million yuan. Before the trial, Zhou amended her claims three times, ultimately seeking the return of over 1 million yuan in cash and over 700,000 yuan in property appreciation gains. The court of first instance ruled that the defendant Yang should return 1 million yuan to the plaintiff Zhou as unjust enrichment, and dismissed Zhou’s other claims. The court of second instance upheld the original judgment (Yang appealed). Zhou has now applied to the enforcement division for enforcement and filed another lawsuit with the people’s court in August 2015, with grounds and evidence identical to those in the previous case.
Zhou stated: In order to live together with Yang on a long-term basis, in addition to funding the purchase of two properties in Yang’s name in November 2009, Zhou also transferred money to Yang’s bank accounts on multiple occasions to support Yang’s living expenses and overseas studies. On April 30, 2012, May 14, 2012, July 25, 2013, September 19, 2013, and April 8, 2014, Zhou remitted to Yang 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). Later, as their relationship faded, both parties proposed to break up and ceased living together.
The defendant's family sought out Zhiming Law Firm by reputation. Attorney Zhiming accepted the assignment at a critical moment and designated Attorney Cao Guanghui to represent Yang. During the representation, the Zhiming legal team, leveraging their extensive case-handling experience and profound professional expertise, conducted a thorough multi-faceted investigation into the case, informed the defendant of the interests involved, and alleviated all concerns of the defendant's family.
II. Disputed Focus
The focus of the dispute between the two parties in this case is:
1. Was the transfer of over 1.05 million yuan from Zhou to Yang an unjust enrichment?
2. Are Zhou and Yang 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. Dismiss the litigation claims of the plaintiff, Zhou.
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
In response to Zhou's repeated litigation over the same matter, which wastes judicial resources, Attorney Wang Tengfeng's team carefully analyzed the case and concluded as follows: 1. The funds claimed by the plaintiff against the defendant had already been asserted in the previous litigation; the fact that the plaintiff withdrew part of the claims during the hearing should be deemed a waiver and disposition of substantive rights. 2. The existing evidence provided by the plaintiff proves that it paid the six sums at issue to the defendant. 3. The two parties were in a same-sex cohabitation relationship, and during several years of living together, their finances were commingled; the defendant's bank card was also used jointly by both parties, and both knew the password. Even if the six sums at issue existed, they were used for the parties' joint living expenses, travel, and other consumption.
In the end, after thoroughly investigating and analyzing the evidence in the case, the collegiate bench fully adopted the arguments presented by Zhiming lawyers and ruled to dismiss the plaintiff's claims, thereby safeguarding the defendant's lawful rights and interests.
