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

Guangdong Zhiming Law Firm, another brilliant case from Wang Tengfeng's Art Litigation Legal Team to share with everyone!! I. Basic Facts: Yang and Zhou met in late 2008 and had a very close relationship, then lived together until June 2013 when Yang went abroad. During this period, Yang purchased two properties, both registered under her own name. In August 2014, Zhou sued Yang for 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 and dismissed Zhou's other claims. The second-instance judgment upheld the original verdict (Yang appealed). Zhou has now applied for enforcement to the execution bureau and filed another lawsuit with the people's court in August 2015, with the reasons and evidence identical to the previous case. Zhou stated: To live with Yang long-term, besides contributing to the purchase of two properties in 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 feelings faded, they decided to break up and no longer live together. The defendant's family, hearing of Wang Tengfeng's reputation, sought his help. Wang took on the case and assigned attorney Cao Guanghui as Yang's representative. During the process, Wang Tengfeng's team, leveraging extensive case experience and profound professional skills, thoroughly investigated the case, explained the interests to the defendant, and alleviated the family's concerns. II. Disputed Issues: The focus of the dispute in this case centered on: 1. Whether Zhou's transfer of over 1.05 million yuan to Yang constituted unjust enrichment? 2. Whether Zhou and Yang were in a same-sex cohabitation relationship? III. Judgment: After trial by the Futian District People's Court, Yang obtained a favorable verdict: 1. Dismissed plaintiff Zhou's claims. 2. Case acceptance fee of RMB 14,332 and property preservation fee of RMB 5,000 to be borne by plaintiff Zhou. IV. Case Analysis: Facing Zhou's repeated litigation over the same matter, wasting judicial resources, Wang Tengfeng's team carefully analyzed the case, concluding: 1. The funds claimed by the plaintiff against the defendant had already been raised in the previous lawsuit; the plaintiff's withdrawal of part of the claims during trial should be seen as a waiver and disposition of substantive rights. 2. The plaintiff's existing evidence proved the six payments to the defendant. 3. The two were in a same-sex cohabitation relationship; during years of living together, their finances were commingled, the defendant's bank card was used jointly, and both knew the password. Even if the six payments existed, they were used for shared living expenses, travel, etc. Ultimately, the collegial panel, after thorough investigation and evidence collection, fully adopted Wang Tengfeng's representation opinions, ruled to dismiss the plaintiff's claims, and protected the defendant's lawful rights.