[2] Second-instance property dispute: Righteous argument turns the tide!
[Lead Attorney: Zhiming Law Firm]
In 1960, Cai Feng (pseudonym) was born in Shanghai. Her father died during the Cultural Revolution, leaving her alone and destitute from a young age. By 1989, Cai Feng came alone to Hong Kong, known as the Pearl of the Orient. She had no friends, no relatives, only a beautiful voice, which she used to sing on stage to make a living. Cai Feng desperately needed care and affection from others. Although she had a boyfriend, the flirtatious admirers around him always made her uneasy, and they often argued. It was at this time that a down-and-out single businessman—A Ming (pseudonym)—walked into Cai Feng's life.
Cai Feng rejected A Ming's pursuit and only kept a friendship with him. But later, after Cai Feng broke up with her boyfriend, she discovered that she had unexpectedly become pregnant with his child! "Get an abortion," her ex-boyfriend's words pushed Cai Feng even deeper into the lowest point of her life. But A Ming didn't mind. Not only did he support Cai Feng in having the baby, but he also promised Cai Feng that he would take care of her and the child for the rest of their lives. Cai Feng was completely moved.
When his daughter was born, the pressures of life grew, and A Ming said Hong Kong could no longer accommodate him. After weighing the options, Cai Feng, her daughter, and A Ming moved to Shenzhen together. A Ming treated Cai Feng's daughter as if she were his own, taking her out to play every day. Meanwhile, Cai Feng, for the sake of this "family," sang day and night without rest. Although Cai Feng and A Ming had long been living as husband and wife, in her heart she still felt that a "home" was missing.
In 2000, Cai Feng told Amin about her plan to buy a house, and Amin did not object. The down payment was 20,000, with a ten-year mortgage. Since Amin lacked income, the down payment was mainly paid by Cai Feng. But whose name should go on the property certificate? Although the two were not married, thinking of all Amin had contributed, Cai Feng decided to include his name on the certificate as well. Even though she also bore most of the monthly mortgage payments, she did not mind.
However, Cai Feng still felt uneasy: every time she went to Hong Kong with A Ming, he would not allow her to visit his home. Women's intuition told her that A Ming must be hiding something from her. After much hesitation, Cai Feng could not help but confront him: she insisted on seeing his home in Hong Kong! A Ming reluctantly agreed. In the end, what she least wanted to know was still revealed to her: A Ming already had a wife and children in Hong Kong!
At the pier by Victoria Harbour, Cai Feng wandered for a week, not knowing what to do, even thinking of throwing herself into the sea! But Cai Feng still had her daughter to think of! In her confusion, A Ming appeared at the pier, his face pale. He explained that the woman was betrothed to him by his father on his deathbed, and he didn't want to go against his father's wishes. Although the woman had borne him children, he didn't love her and had never married her. The only one he loved was Cai Feng.
After the风波, Cai Feng forgave A Ming and was willing to believe that he had acted out of filial piety. But two years later, A Ming suddenly passed away in Hong Kong. Before long, that woman of A Ming's came to Cai Feng on her own initiative, and actually demanded that Cai Feng return the Shenzhen house to her! At that time, there were still two years' worth of mortgage payments left on the house. Cai Feng had no mind to deal with it; she did not want to get entangled with that woman while A Ming's body was barely cold.
Soon, two years passed, and the ten-year mortgage was finally paid off. At this time, that woman from A Ming's side came to find Cai Feng again, insisting that the house was bought by A Ming and that she had come to take it back. Cai Feng once again refused her unreasonable demands and presented her own bank account statements to prove that the mortgage had been paid by Cai Feng. However, the woman refused to give up and even took Cai Feng to court. Cai Feng was very angry—after all, she had done nothing wrong, and that woman, taking advantage of A Ming's absence, was demanding the house, clearly trying to seize the only shelter Cai Feng and her daughter had!
During the first instance, the opposing lawyer presented some relevant supporting documents to prove that she and A Ming were in a "husband and wife" relationship, and the lawyer Cai Feng had hired was completely helpless against this. In the end, the outcome of the first instance was very unfavorable: each party received 50% of the house! Cai Feng felt this was extremely unfair: from the down payment to the ten years of mortgage payments that followed, most of the money came from the hard-earned wages she had scraped together through countless sleepless nights. Although A Ming had known all of this, he was gone now. Who would speak a fair word for Cai Feng?
After the first instance concluded, Cai Feng chose to appeal, but her originally retained lawyer declined her request for representation in the second instance. Left with no choice, Cai Feng had to seek out another lawyer. One evening, through the internet, she learned about Lawyer Zhiming from Guangdong Zhiming Law Firm, who had successful track records in several similar cases. After pondering through the night, Cai Feng felt that this Lawyer Zhiming might be her only chance for a reversal in the second instance. Therefore, Cai Feng resolved to seek a consultation with Lawyer Zhiming.
Cai Feng had once weighed how to tell Attorney Zhi Ming about her experience, but when she met Attorney Zhi Ming and was asked what had happened, scenes from the past 20 years surged into her mind all at once, and her eyes could no longer hold back the impact of her tears. Attorney Zhi Ming comforted Cai Feng earnestly and said: "You need to stay calm. Crying won't solve anything. Since you've come to me, I will fulfill the duty a lawyer should have and do my best to help you defend your legitimate rights and interests."
Lawyer Zhiming's words calmed Cai Feng down considerably. Once she had steadied her emotions, she began to slowly pour out the whole matter. Lawyer Zhiming asked questions from time to time, and finally, after a moment of silence, he said: The key to this case still lies in the evidence, especially whether that Hong Kong woman has a marital relationship with A Ming. Gradually, Cai Feng's mind began to form a new understanding of how to resolve this dispute. After much consideration, Cai Feng decided to entrust this case to Lawyer Zhiming.
Although this case was not a major one for Lawyer Zhi Ming, he still assigned two assistant lawyers, Cao Guanghui and Zhong Yaofeng, to follow up on the case details. Sometimes, when there was no news from the court for a while, Lawyer Zhi Ming would call to ask about Cai Feng's recent situation, encouraging her not to worry, to face the lawsuit bravely, and to trust that their expertise would surely protect her lawful rights and interests. Everything Lawyer Zhi Ming did deeply moved Cai Feng.
The second-instance hearing showed significant improvement over the first instance. Attorney Zhiming's arguments were brilliant—not only did he provide a highly specific commentary on the entire matter, but he also rendered the opposing party's accusations utterly feeble and powerless. Attorney Zhiming pointed out in court: the so-called "evidence" presented by the opposing party were all supporting documents unilaterally applied for from the relevant Hong Kong authorities during Amin's serious illness. On the one hand, these supporting documents merely reflect the unilateral opinions of the opposing party and lack probative force! On the other hand, the aforementioned act of obtaining certification was carried out while Amin was gravely ill, which sufficiently demonstrates that the opposing party had premeditated all along, intent on maliciously seizing the other party's property in the future when "the dead could offer no testimony"!
Lawyer Zhiming hit the nail on the head, exposing the other party's ulterior motives with every word hitting the mark. Not only did this overawe the opposing counsel, but it also allowed the listeners to re-examine the entire case from a fresh perspective. The entire second-instance trial process put Cai Feng's mind at ease and gave her a sense of security. In the end, the outcome of the second-instance trial satisfied Cai Feng: the plaintiff lost the case! Cai Feng's house was saved, and the only home she and her daughter had was preserved. All of this was thanks to the efforts of Lawyer Zhiming and his litigation team.
After more than a decade of ups and downs and several months of litigation entanglements, it has all passed. Saying goodbye to the past and picking up life again. Cai Feng expressed that she hopes Zhiming lawyers will continue to help more people in need and do more good deeds for the Chinese people.
