Shenzhen non-litigation lawyer – Civil dispute mediation and settlement case

📅 2016-08-22 📂 Non-litigation Cases Non-litigation Cases 🏷️ # Civil Dispute # Mediation # Non litigation

深圳非诉律师 - 民事纠纷调解与和解案例

Guangdong Zhiming Law Firm and Wang Tengfeng's artistic rights protection litigation team share another exciting case with everyone!! 1、 The basic case is that Yang and Zhou met at the end of 2008 and had a very close relationship. They lived together until June 2013 when Yang went abroad. During this period, Yang purchased two properties on his own, both registered under his own name. In August 2014, Zhou sued Yang for the return of two properties and a total of 2.6 million yuan in cash. Prior to the court hearing, Zhou changed his lawsuit three times and ultimately demanded the return of more than 1 million yuan in cash and more than 700000 yuan in appreciation income from the properties. The first instance judgment ruled that the defendant Yang should return the plaintiff Zhou's unjust enrichment of RMB 1 million, reject Zhou's other claims, and the second instance judgment upheld the original judgment (Yang appealed). Zhou has applied for enforcement to the enforcement bureau and filed another lawsuit with the people's court in August 2015. The reasons for the lawsuit and the evidence submitted are the same as the previous case. Zhou stated that in order to live with Yang for a long time, he not only invested in purchasing two properties in Yang's name in November 2009, but also transferred money to Yang's bank account multiple times for his living and studying abroad. On April 30, 2012, May 14, 2012, July 25, 2013, September 19, 2013, and April 8, 2014, Yang was remitted HKD 254000 (equivalent to RMB 203200), HKD 185000 (equivalent to RMB 145000), HKD 304900, USD 32580 (equivalent to RMB 202610.96), USD 16104 (equivalent to RMB 100224), and USD 16102 (equivalent to RMB 100204). Later, due to the weakening of their relationship, both parties proposed to break up and no longer live together. The defendant's family found lawyer Wang Tengfeng out of admiration. Lawyer Wang was entrusted with the task at the critical moment and appointed Lawyer Cao Guanghui as Yang's representative. During the agency process, the team of lawyers led by Wang Tengfeng relied on their rich experience in handling cases and profound professional skills to gain a comprehensive understanding of the case, inform the defendant of their interests, and eliminate various concerns of the defendant's family. 2、 The focus of the dispute in this case is whether Zhou's payment of over 1.05 million yuan to Yang was an unjust enrichment? 2. Are Zhou and Yang in a same-sex cohabitation relationship? 3、 The judgment was heard by the People's Court of Futian District, and Yang won the case as follows: 1. Reject the plaintiff Zhou's lawsuit request. 2. The case acceptance fee of RMB 14332 and property preservation fee of RMB 5000 shall be borne by the plaintiff Zhou. 4、 Case analysis: Faced with Zhou's repeated litigation over the same incident, which wasted judicial resources, the lawyer team of Wang Tengfeng carefully analyzed the case and believed that: 1. The plaintiff's claim for the involved funds from the defendant had already been claimed in the previous lawsuit, but the plaintiff withdrew some of the litigation requests during the trial, which should be regarded as a waiver and disposal of substantive rights. 2. The existing evidence provided by the plaintiff proves that they have paid the six amounts involved to the defendant. 3. The two are in a same-sex cohabitation relationship, and during their years of living together, their accounts were mixed. The defendant's bank card was also used by both parties, and the password was known by both parties. Even if the six funds involved exist, they are still used for mutual living, travel, and other expenses. In the end, after thorough investigation, evidence collection, and analysis of the case, the collegiate bench fully adopted the representative opinion of lawyer Wang Tengfeng and ruled to reject the plaintiff's lawsuit and safeguard the defendant's legitimate rights and interests.

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