[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. Plaintiff Bai XX sued defendant Wang X, a migrant worker from Sichuan, in the Nanshan District People's Court, claiming that his right of possession under the Property Law had been infringed, demanding that the defendant cease occupying the house and compensate for losses. The helpless defendant Wang X sought legal help from Director Lawyer Wang Tengfeng of Guangdong Zhiming Law Firm. After carefully studying the case, Director Wang Tengfeng decided to assist Wang X in protecting his rights with his assistant Lawyer Cao Guanghui.

The disputed house in this case is located in Nantou Longwu New Village and is a historically leftover illegal building. The defendant Wang X's possession of the disputed house originated from a "Gift of House Deed" from over a decade ago and is closely related to a serious criminal case. This case is both a major difficult case and a novel case involving the possession provisions of the Property Law. After investigating and obtaining evidence from multiple agencies such as the neighborhood committee, the Industry and Commerce Bureau, the court, and the Shenzhen Intermediate People's Court, the original donor Yao XX of the "Gift of House Deed" was added as a third party, and Wang X's daughter Wang XF was also added as another defendant. During the trial, Director Lawyer Wang Tengfeng, relying on his profound legal knowledge, superb courtroom skills, and rich experience in handling complex and difficult cases, enabled the defendant Wang X to fully take the initiative and gain a clear advantage. The Nanshan District Court dismissed 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 it occurred many years ago, the Shenzhen Intermediate People's Court held three hearings. During this period, because the plaintiff Bai XX died during the litigation, the court changed the plaintiff to his legal heir. Under the righteous and persistent efforts of Director Lawyer Wang Tengfeng, the Shenzhen Intermediate People's Court finally made a final judgment in August 2011, dismissing the plaintiff's lawsuit, effectively protecting the legitimate rights and interests of the defendant Wang X.

After four years, the dispute in the case finally settled. The defendant Wang X showed a long-lost smile and presented a banner to Director Lawyer Wang Tengfeng and Lawyer Cao Guanghui to express his gratitude!

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