(In order to protect the privacy of the parties, all parties in this article use pseudonyms. )
First, the original defendant's appeal
Li Quanshan sued the court of first instance, claiming that Li Quanshan and Hu Li were husband and wife, Li Dandan was the son of Li Quanshan and Hu Li, and Wang Li was the wife of Li Dandan. Li Quanshan is the actual owner of Room 3, and Li Dandan and Wang Li have been living in Room 3 since they got married. 2065438+On June 9, 2004, confirmed by a judgment of a district court in Beijing, she and Wang Li mediated divorce. After the mediation came into effect, Li Dandan and Wang Li still lived in Room 3 and refused to vacate. In order to safeguard the legitimate rights and interests of individuals, they appealed to the court and requested the court to order: 1, Li Dandan and Wang Huateng to withdraw Room 3 and return it to Li Quanshan; 2. The legal fees shall be borne by Li Dandan and Wang Li.
Li Dandan argued that he agreed to vacate Room 3.
Wang Li argued that she disagreed with Li Quanshan's claim; Although Room No.3 was registered in the name of plaintiff Li Quanshan, it was obtained from family demolition, and Wang Li, as the demolished person, enjoyed the right of residence. In this case, the defendant will claim the issue of separation to the court alone until another case is concluded.
Secondly, the court of first instance held that
The owner has the right to possess, use, profit from and dispose of his real estate or chattel according to law. As the owner of the house, Li Quanshan enjoys the right to possess, use, benefit and dispose of the house. It is well-founded in the law that the owner of the house demands that the king return the house in accordance with the claim of real right. Li Dandan agreed to vacate the house; Defend Wang Li on the grounds that she has the right of residence, because the house involves the issue of demolition and resettlement, which does not belong to the same legal relationship with this case and should be resolved separately. Wang Li's defense opinion has no factual and legal basis.
Judgment of first instance: Li Dandan and Wang Li vacated Room 3 and delivered it to Li Quanshan.
Three. Appeal request
After the verdict, Wang Li refused to accept it and appealed to our court, saying: Wang Li invested in the construction of the demolished courtyard, and Wang Li was one of the actual residents at the time of demolition and resettlement, and she enjoyed the right to live in the demolished house according to law. The right to live in the No.3 house obtained by Li Dandan should be owned by both husband and wife. And in the divorce proceedings, he had no right of residence in Room 3, so he asked the court of second instance to find out the facts and change the sentence according to law. Li Quanshan and Li Dandan agreed to the original judgment.
Four, the court of second instance to find out
Li Quanshan and Hu Li are husband and wife. They have three children, and Li. Li Dandan and Wang Li got married on April 2, 2006. After their marriage, they have been living in a residential area in Beijing with Li Quanshan and Hu Li. The accounts of, Hu Li,,, and Li have been removed. According to the household registration book, Wang Li's household registration moved from Hebei Province to Beijing on September 17, 2002. On September 30th, 2002, Li Dandan and Wang Lisheng had a son, Li Xiaofei.
On June 9th, 20 14, Li Dandan and Wang Li divorced after mediation by a district court in Beijing. According to the conciliation statement, House No.5 is owned by Wang Li, and the rest of the loan is repaid by Wang Li. Li Dandan cooperated with Wang Li to handle the real estate license of the house. Li Xiaofei, a married child, was raised by Wang Li herself.
On July 4, 2004, the house was registered under the name of Li Quanshan, and Li Dandan, Wang Li and Li Xiaofei lived here. Both parties confirm that Room 3 is under the name of Li Quanshan.
Verb (abbreviation of verb) is judged as follows:
Reject the appeal and uphold the original judgment.
Comment on Jin Shuangquan, a senior real estate lawyer, with intransitive verbs.
Jin Shuangquan, a senior real estate lawyer, believes that according to the ascertained facts, House No.3 in dispute in this case is now registered under the name of Li Quanshan, and Hill, Duke of Snowy Night, is the owner of the property. It is well-founded in the law to demand that he Wang return No.3 house with his legal property rights. Wang Li claims that Li Dandan has the right to live in Room 3, and she also enjoys corresponding rights based on the relationship between husband and wife. However, her marriage relationship with Li Dandan has now ended, so Wang Li's appeal grounds are not established. After mediation by the court, Wang Li divorced Li Dandan. According to the mediation agreement, Wang Li has another residence. If it is really inconvenient to live in the house owned by her ex-husband's father, Wang Li argues that she has contributed to the construction of the house in the demolished yard and should receive corresponding demolition and resettlement subsidies. It is now agreed to vacate the house, so the court of first instance ruled that Wang Teng had no fault in retiring House No.3.
To sum up, Jin Shuangquan, a senior real estate lawyer, believes that the court's decision is correct.