In March, 20 18, Zhang Qiang borrowed 50,000 yuan from Zoe. From August 23rd to September 20th, 20 18, Zhang Qiang borrowed more than 490,000 yuan from Zoe, which was confirmed as 543,800 yuan by the court. 2065438+In April 2009, Zhang Qiang and Zoe filed a lawsuit with the court, and applied for property preservation at the same time, and the court seized the A property. On may 20 19, Liu Li transferred the house to others, and the sales contract could not be fulfilled because the house was sealed up, so she appealed to the court and asked the court: 1. Decided to immediately stop the compulsory execution of Liu Li's property in A and lift the seizure of the above-mentioned property according to law; 2. It was decided that the house was owned by Liu Li, and Zhang Qiang cooperated with Liu Li to handle the transfer formalities.
Beijing Guanling lawyer's point of view:
The focus of the dispute in this case is: does Liu Li have substantive rights to the disputed house that are enough to exclude enforcement?
1. Liu Li and Zhang Qiang registered for divorce on 20 181kloc-0/0/October18. According to the voluntary divorce agreement, Property A belongs to Liu Li, and Zhang Qiang cooperated with Liu Li to handle the transfer formalities. What Liu Li enjoys is the right to register the change of the rights and interests of the disputed real estate in her name. Liu Li's claim was established when she divorced on October 20 181018. Liuli's right is directly directed at the real right of the house involved, while Zoe enjoys the creditor's right to Zhang Qiang, which belongs to the monetary creditor's right and does not point to specific property. In the case of Liu Li's possession of the house involved, Liu Li advocates that the registration of the change of ownership of the house involved in the case should take precedence over Zoe's monetary creditor's rights.
Secondly, the time when Liu Li and Zhang Qiang signed a divorce agreement and agreed that the property involved belonged to Liu Li occurred on 20 18 10 18. The creditor-debtor relationship between Zoe and Zhang Qiang is simultaneous. Before Liu Li and Zhang Qiang divorced, Liu Li's parents credited 4 1 10,000 yuan to Zhang Qiang's account, which can also rule out Liu Li and Zhang Qiang's subjective intention of maliciously colluding to avoid debts. After the above-mentioned divorce agreement was signed, Liu Li has been actually occupying and using the house involved. Liuli's substantive rights to the property involved are sufficient to exclude enforcement.
In this case, Liu Li and Zhang Qiang clearly agreed in the divorce agreement that the property involved was owned by Liu Li. This agreement is the true intention of both parties, and both parties shall consciously abide by and actively perform its contents. Liu Li advocates confirming that the property belongs to her and should be supported.
To sum up, the existing evidence cannot prove that Liu Li and Zhang Qiang have the subjective intention of maliciously colluding to avoid debts.
In the end, the court decided: 1. Property A belongs to Liu Li, and Zhang Qiang cooperates with Liu Li to handle the transfer formalities within 30 days from the effective date of this judgment; Second, the execution measures taken to dissolve the property of Party A..