[2] Second-instance property dispute: Righteous argument turns the tide!
[Lead Lawyers: Wang Tengfeng, Cao Guanghui, Zhong Yaofeng]
In 1960, Cai Feng (pseudonym) was born in Shanghai. Her father died during the Cultural Revolution, and she grew up lonely and destitute. By 1989, she arrived alone in Hong Kong, known as the Pearl of the Orient. With no friends or relatives, she relied only on her beautiful voice, singing on stage to make a living. Cai Feng craved affection. Although she had a boyfriend, the constant attention from other men made her uneasy, leading to frequent arguments. It was then that a down-and-out single businessman, Ah Ming (pseudonym), entered her life.
Cai Feng rejected Ah Ming's advances, keeping only a friendship with him. But later, after breaking up with her boyfriend, she discovered she was pregnant with his child. "Get an abortion," her ex-boyfriend said, plunging Cai Feng into the depths of despair. However, Ah Ming didn't mind. He not only supported her decision to keep the baby but also promised to take care of her and the child for life. Cai Feng was deeply moved.
When her daughter was born, the financial pressure grew. Ah Ming said Hong Kong had no place for him anymore. After careful consideration, Cai Feng, her daughter, and Ah Ming moved to Shenzhen to live. Ah Ming treated Cai Feng's daughter as his own, playing with her every day. Meanwhile, Cai Feng sang day and night to support this "family." Though she and Ah Ming already called each other husband and wife, she still felt something was missing—a true "home."
In 2000, Cai Feng told Ah Ming about her idea to buy a house. He didn't object. With a down payment of 20,000 yuan and a ten-year mortgage, Cai Feng mainly covered the down payment since Ah Ming had little income. But whose name should go on the property deed? Although they weren't married, considering all of Ah Ming's contributions, Cai Feng decided to include his name as well. Even though she primarily paid the monthly mortgage, she didn't mind.
Still, Cai Feng felt uneasy. Every time she went to Hong Kong with Ah Ming, he wouldn't let her visit his home. A woman's intuition told her he was hiding something. After much effort, she couldn't hold back and confronted him: she had to see his home in Hong Kong! Ah Ming reluctantly agreed. In the end, what she least wanted to know was revealed: Ah Ming already had a wife and children in Hong Kong.
By the Victoria Harbour pier, Cai Feng wandered for a week, unsure of what to do, even tempted to jump into the sea! But she had her daughter to think of. In her confusion, Ah Ming appeared at the pier, pale-faced. He explained that the woman was an arranged marriage his father had forced on him before dying, and he didn't want to defy his father's wishes. Though the woman had borne him children, he didn't love her and hadn't married her. The only one he loved was Cai Feng.
After the storm, Cai Feng forgave A Ming and was willing to believe he acted out of filial piety. But two years later, A Ming suddenly died in Hong Kong. Soon after, A Ming's woman came to Cai Feng and actually demanded that Cai Feng return the Shenzhen house to her! At that time, there were still two years of mortgage payments left on the house. Cai Feng had no heart to deal with it; she didn't want to argue with that woman while A Ming's body was still warm.
Soon, two years passed, and the ten-year mortgage was finally paid off. Then, A Ming's woman came to Cai Feng again, insisting that the house was bought by A Ming and now wanted to take it back. Cai Feng once again refused her unreasonable demands and showed her bank account statements to prove that Cai Feng had paid the mortgage. However, the woman wouldn't give up and even took Cai Feng to court. Cai Feng was very angry, as she had done nothing wrong, and the woman, taking advantage of A Ming's absence, was clearly trying to seize the only shelter for Cai Feng and her daughter!
During the first trial, the opposing lawyer presented some relevant documents to prove that she and A Ming were a "married" couple, and Cai Feng's lawyer was helpless against this. In the end, the first trial result was very unfavorable: each person got 50% of the house! Cai Feng felt it was very unfair: most of the down payment and the ten years of mortgage payments came from Cai Feng's hard-earned money from countless sleepless nights. Although A Ming knew all this, he was no longer there—who would speak a fair word for Cai Feng?
After the first trial, Cai Feng chose to appeal, but her original lawyer declined her request for second-instance representation. With no other choice, Cai Feng had to find another lawyer. One evening, she learned online about lawyer Wang Tengfeng, director of Guangdong Zhiming Law Firm, who had several successful cases similar to hers. After thinking it over all night, Cai Feng felt that this Lawyer Wang might be her only chance for a reversal in the second instance. So, Cai Feng decided to consult Lawyer Wang Tengfeng.
Cai Feng had considered how to tell Lawyer Wang about her ordeal, but when she met Wang Tengfeng and was asked what had happened, the scenes of the past 20 years all surged up, and her eyes could no longer hold back the tears. Lawyer Wang Tengfeng earnestly comforted her, saying, "You need to calm down. Crying won't solve the problem. Since you've come to me, I will do my duty as a lawyer and try my best to help you protect your legal rights."
Lawyer Wang's words calmed Cai Feng down a lot. After stabilizing her emotions, she began to slowly pour out the whole story. Lawyer Wang occasionally asked questions, and finally, after a moment of silence, he said that the key to this case still lay in the evidence, especially whether the Hong Kong woman had a marital relationship with A Ming. Gradually, Cai Feng's mind began to form a new understanding of how to resolve this dispute. After careful consideration, Cai Feng decided to entrust this case to Lawyer Wang Tengfeng.
Although this case was not a major one for lawyer Wang Tengfeng, he still assigned two assistant lawyers, Cao Guanghui and Zhong Yaofeng, to follow up on the case. Sometimes, when there was no news from the court for a while, Lawyer Wang Tengfeng would call to ask about Cai Feng's situation, encouraging her not to worry, to face the lawsuit bravely, and to trust that their expertise would safeguard her legitimate rights and interests. Everything Lawyer Wang Tengfeng did deeply moved Cai Feng.
The second instance showed significant improvement over the first. Lawyer Wang Tengfeng's argument was brilliant, not only providing a detailed analysis of the entire incident but also rendering the opposing party's accusations weak and powerless. Attorney Wang Tengfeng pointed out in court that the so-called "evidence" from the opposing party were documents unilaterally applied for from the local Hong Kong authorities during Amin's severe illness. On one hand, these documents only reflected the opposing party's unilateral opinion and lacked probative value. On the other hand, the act of obtaining these documents during Amin's severe illness indicated that the opposing party had premeditated plans to maliciously seize others' property under the guise of "dead men tell no tales."
Lawyer Wang Tengfeng hit the nail on the head, exposing the opposing party's malicious intentions. Every word struck the core, not only subduing the opposing lawyer but also allowing the audience to view the entire incident from a new perspective. The entire second-instance trial process gave Cai Feng a sense of peace and reassurance. Ultimately, the second-instance result satisfied Cai Feng: the plaintiff lost the case. Cai Feng's house was saved, and the only home for her and her daughter was preserved. All of this was thanks to the efforts of Lawyer Wang Tengfeng and his litigation team.
After more than a decade of ups and downs and several months of litigation entanglements, it was all over. Leaving the past behind, Cai Feng expressed her hope that Lawyer Wang Tengfeng would continue to help more people in need, doing good deeds for the Chinese people.
