civil judgment
(20 10) yidi 1002
Plaintiff Chen Sanqing, male,/kloc-0, born on February 2, 937, with ID number. : 352 128 19xxxxxxxx hansongyuan street, a retired teacher, lives in Ding.
Lawyer, No.33, a legal worker from a county 148 legal service office.
Defendant Chen Siming, born on1October 5th, 1958, ID number 35212819xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Lawyer v Fujian mingde law firm.
The plaintiff Chen Sanqingshan and the defendant instructed our court to apply ordinary procedures according to law, and the presiding judge decided that AAA and judges BBB and CCC would form a collegiate bench to hold a public hearing. Plaintiff Chen Lai and his agent, defendant Chen Siming and his agent Zhang Xiaowu attended the proceedings. The case has now been heard.
The plaintiff, Chen Sanqing, lives in Wucheng, and the retaining wall is the neighbor of the general plaintiff and defendant and the original defendant. The plaintiff and the defendant entered into an agreement twice,1September 19991August-July 3, and both parties agreed that "it is not allowed to open windows, drain water on every other adjacent wall, grid or one-to-one. 20 10 the defendant ordered the renovation of the new house on the fifth floor of the fence. The plaintiff made a window of 1.5 m with a width of 0.8 m. The plaintiff asked the defendant to block the open window, but was refused to come to our hospital. The defendant argued that the two sides were indeed neighbors and had signed two agreements. The above agreement existed, but the original agreement could not be implemented when the window department opened by the defendant renovated the new house. Therefore, it does not agree to close it.
The plaintiff Chen Sanqingshan lives in a county at No.33 Dingjia Road, Songyuan City, and the defendant lives at No.41Dingjia Road, Songyuan Street, a county, which is related to the fact that the east and west adjacent side walls are the general next door. The plaintiff and the defendant entered into an agreement with1September 19991August-July 3, 2009 twice, and both parties agreed not to open the window, and drain water on the adjacent lattice walls or one-on-one hit each other. On 20 10, the defendant ordered the renovation of the new house on the fifth floor. The plaintiff made a window 1.5 m wide and 0.8 m wide. The plaintiff asked the defendant to cover the open window, but refused to come to our hospital for treatment.
The above-mentioned facts, statements, agreements, real estate licenses and other evidence of the parties have been cross-examined by the court and confirmed by the court.
The court held that China's laws stipulate that the neighboring right of real estate should be correctly handled in accordance with the principles of favorable production, convenient life, unity and fairness. Plaintiff and defendant, as neighbors, decorate a new house. You should consider the convenience of the plaintiff. The owners and partners of all assets acknowledge that in * * *, no party may dispose of the property without permission. I have a law that it is legal and effective for both parties to conclude two agreements according to law for civil legal acts protected by law. As a close neighbor of the plaintiff and the defendant, the plaintiff should be allowed to open the window in accordance with the legal provisions of the neighboring relationship and the agreement signed by both parties. In a word, according to the relevant provisions of the General Principles of Civil Law, the judgment is as follows:
The defendant shall, at his own expense, prevent his open windows and walls from being restored to their original state within 10 days from the date of entry to the effective date of this judgment.
Xxx case acceptance fee shall be borne by the defendant Chen Sanqingshan.
If the court refuses to accept the judgment, it shall submit the above-mentioned complaint within 15 days from the date of judgment, and try it in a copy court above the Intermediate People's Court of XXX according to the number of the other parties.
Presiding judge: AAA
Judgment: BBB, CCC
Employee 20: DDD