This person's brain circuit is very complicated.
In addition to Gaoyou Lao Zeng and his ex-wife Xiaoqing, this case also involves a third mysterious lady.
uneven
The debtor used the house to pay his debts.
A month later, the house changed hands.
Ms. Fang lives in a residential area in Hanjiang District. During her business in Yangzhou, Gaoyou men often borrowed money from her because of difficulties in capital turnover. It is easier to borrow money than to pay it back. As of February 4, 20 15, both parties confirmed through liquidation that Lao Zeng had borrowed 440,000 yuan from Ms. Fang, and in addition, Lao Zeng also asked Ms. Fang to pay related expenses, totaling 6,000 yuan.
As Lao Zeng was unable to repay the above debts, on February 14 of the same year, he signed an agreement with Ms. Fang to "pay off debts with houses". The general content is that Lao Zeng's house and attached garage in a residential area in Gaoyou compensated Ms. Fang for the above-mentioned loan and advance payment.
Ms. Fang thought that the old man had paid off the debt with the house, and this debt would definitely not run away. Therefore, she is waiting for the transfer procedure. However, in the second half of 20 15, she was surprised to learn that the house originally used to pay off debts had changed hands, and the new owner was none other than Lao Zeng's ex-wife Xiaoqing. Later, Ms. Fang learned from many sources that the time she had given her ex-wife was actually more than a month after signing the agreement of "paying debts with houses". In this case, Ms. Fang couldn't sit still. She thinks that Lao Zeng's behavior is obviously avoiding debts and infringing on her legitimate rights and interests. Therefore, she filed a complaint against Lao Zeng and Xiaoqing and asked the court to cancel Lao Zeng's act of giving Xiaoqing the house and attached garage involved.
survey
After six years of divorce, I suddenly became generous.
Give the house to his ex-wife unconditionally.
At the end of 2065438+2005, after accepting the case, the Hanjiang District Court held a public hearing in accordance with the law. However, Lao Zeng and Xiaoqing were summoned by the court summons and refused to appear in court to participate in the proceedings without justifiable reasons.
After more than a year of investigation and trial, the court found out that Lao Zeng and Xiaoqing agreed to divorce in March 2009 and registered for divorce. At the time of divorce, both parties agreed that a property in Gaoyou would be owned by Lao Zeng after their divorce. 20 1 1 year 1 1 month, Lao Zeng signed the Agreement on Compensation and Resettlement for House Expropriation (Demolition) with Gaoyou House Expropriation Center, stipulating that Gaoyou House Expropriation Center needs to demolish Lao Zeng's Gaoyou property due to the needs of engineering construction, and the owner and user of the property are Lao Zeng, and the resettlement place is xx? Room xx (the house involved).
The development process of things is like this ↓
On February 20 15 14, Lao Zeng signed an agreement with Ms. Fang to "pay off debts with houses";
2065438+On March 24th, 2005, Lao Zeng agreed with his ex-wife Xiaoqing that the house involved would be unconditionally registered in Xiaoqing's personal name, and the property rights would be owned by Xiaoqing alone.
On the same day, Xiaoqing filed an application for real estate ownership registration with Gaoyou Housing Ownership Registration and Trading Center;
On April 20 15, Xiaoqing received the house property right certificate and registered the house involved in the case in her own name.
judge
Infringe on the interests of creditors
The ex-husband's "generous gift" was revoked.
Recently, the Hanjiang District Court made a first-instance judgment on this case, ordering the cancellation of Lao Zeng's act of registering the house involved in the case in Xiaoqing's name without compensation, and rejecting Lao Zeng's other claims.
As for why there is this sentence, the responsible judge gave an explanation when interviewed by reporters.
"China's" Contract Law "stipulates that if the debtor transfers the property for free and causes damage to the creditor, the creditor may request the people's court to revoke the debtor's behavior."
The judge said that in this case, Lao Zeng and Xiaoqing clearly agreed at the time of divorce that a property in Gaoyou would be owned by Lao Zeng after divorce. After the house is demolished, as the house involved is resettled, the property right should belong to Lao Zeng. Lao Zeng signed a house-to-house debt repayment agreement with Ms. Fang, promising to pay off debts with the house involved, but after more than a month, he registered the house involved in Xiaoqing's name for free. This behavior of Lao Zeng obviously harmed the interests of Ms. Fang, the creditor. At the same time, the court found through investigation that according to the real estate registration information, there was no garage registration information attached to the house involved. Therefore, the court made the above judgment according to law.
Avoiding debt is not that easy. It better be kind. Paying off debts is a matter of course. Don't be that kind of rascal!