[5] Shenzhen's first property possession infringement case, finally won after four years and two levels of court

📅 2018-07-10 📂 Civil and Commercial Litigation Civil and Commercial Litigation 🏷️ #House Possession Infringement Case #Shenzhen #Win #First Case

On October 1, 2007, the Property Law of the People's Republic of China came into effect. The plaintiff, Bai XX, filed a lawsuit against Wang X Shi, a migrant worker from Sichuan, at Nanshan District People's Court, claiming that his right of possession as stipulated under the Property Law of the People's Republic of China had been infringed upon, and demanded that the defendant cease occupying the house and compensate for losses. The helpless defendant, Wang X Shi, sought legal assistance from a lawyer at Guangdong Zhiming Law Firm after learning of their reputation. After carefully reviewing the case, the lawyer decided to work with his assistant, lawyer Cao Guanghui, to defend Wang X Shi's rights and protect the weak.

The disputed house in this case is located in Nan Tou Long Wu New Village and is an illegal construction left over from history. The defendant Wang X-shi's possession of the disputed house originates from a "Deed of Gift of House" signed over a decade ago and is closely related to a serious criminal case. This case is not only a major and difficult one but also a novel case involving the provisions on possession in the Property Law of the People's Republic of China. After conducting investigations and obtaining evidence from multiple authorities, including the neighborhood committee, the Administration for Industry and Commerce, the court, and the Shenzhen Intermediate People's Court, the donor Yao X-X from the original "Deed of Gift of House" was added as a third party to the case, and Wang X-shi's daughter, Wang X-fang, was also added as another defendant. During the court hearing, the attorney from Zhiming Law Firm,凭借深厚的法律功底、高超的庭辩技巧及处理复杂疑难案件的丰富经验,使作为被告的王X仕完全占据了主动,取得了明显的优势。The Nanshan District Court rejected all of the plaintiff's claims in the first instance. After losing the first instance, the plaintiff continued to appeal to the Shenzhen Intermediate People's Court. Due to the complexity of the case and the fact that the events occurred many years ago, the Shenzhen Intermediate People's Court held three hearings. During this period, because the plaintiff Bai X-X died in the course of the litigation, the court changed the plaintiff to his legal heirs. With the attorney from Zhiming Law Firm arguing with righteousness and persistence, the Shenzhen Intermediate People's Court finally rendered a final judgment in August 2011, dismissing the plaintiff's lawsuit, thereby effectively safeguarding the lawful rights and interests of the defendant Wang X-shi.

After four long years, the dispute in question has finally been resolved. A long-missing smile returned to the defendant Wang X's face, and he presented a banner of gratitude to the Zhiming lawyers and lawyer Cao Guanghui!

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