Civil Judgment
(2009) Yang Minsi (Min) Chu Zi No. 87
Plaintiff Shen
Agent Wang is appointed
Defendant Lin
Agent Shi is appointed
This court accepts the case between plaintiff Shen and defendant Lin based on *** * After a case involving a share dispute, simplified procedures were applied in accordance with the law, and the trial was conducted by judge Cui alone, and the trial was held in public. Plaintiff Shen and his authorized agent Wang, and defendant Lin’s authorized agent Shi appeared in court to participate in the lawsuit. The case has now been concluded.
Plaintiff Shen claimed that the plaintiff was the defendant’s aunt. The house at No. XX in XX Village, Yangpu District, Shanghai is owned by ***, the plaintiff and defendant, and is jointly used by ***. However, in the actual use process, conflicts often arise due to trivial matters. After mediation by relatives and friends of both parties, they cannot reach an agreement on the division. In May 2008, the defendant renovated the house without authorization and damaged the structure of the house, making it impossible for both parties to use the house. Therefore, the two parties agreed to divide the property equally according to the market price of RMB 600,000, with the plaintiff enjoying the property rights of the house and compensating the defendant 300,000 yuan; or the defendant enjoying the property rights of the house and compensating the plaintiff 300,000 yuan. Yuan.
Defendant Lin argued that the plaintiff and defendant were related, and the house was shared by the defendant’s parents and plaintiff ***. Although there were conflicts in life, they were not irreconcilable. The defendant renovated the house to improve his life. It was not damaged and can be restored to its original condition. The defendant had no financial security and was unable to pay half of the house payment, nor could he afford to buy another house to live in. Therefore, he did not agree to divide the property and requested to continue to own the property.
After trial, it was found that the plaintiff Shen was the aunt of the defendant Lin. The house in dispute is located in a certain room in a village in Yangpu District, Shanghai, with a construction area of ??53.33 square meters and financial...
The latter has been issued through information.