Plaintiff: Qi Mou, female, born on a certain day of a certain year, nationality, work unit (not required), occupation, address and contact information (try to write the usual number).
(If the plaintiff has an agent ad litem, the basic information of the agent ad litem shall be stated. )
Defendant: a shopping mall, its address and contact information.
Legal representative: name and position
Claim: 1. Request to order the defendant to bear civil liabilities such as compensation, medical expenses, lost time, transportation expenses, etc. (the specific amount shall be specified);
The legal costs of this case shall be borne by the defendant.
Facts and reasons
(state the factual basis and legal basis of the prosecution or litigation request, including evidence, witness's name and contact address).
I am here to convey
Xxxxxx People's Court
Witness: Qi's signature or seal.
date month year
Attachment: 1 X copies of this complaint (determined according to the number of defendants);
2.x pieces of evidence; (The number of copies and the original should be clearly written)
3. XXX copies of other materials.
Civil defense system
Respondents:
For the case of Qi Mou v. our company for civil compensation, the defense is as follows: the factual basis and legal basis of the defense should be stated, and the reasons why the above litigation request cannot be established should be discussed according to the facts and legal claims on which the respondent filed the lawsuit, appeal and complaint.
I am here to convey
Xxxxxx People's Court
Defendant: XXX
Scribe: XXX
date month year
Attachment: x copies of this defense.
As for the representation of the original defendant, it is variable and the debate is based on the evidence presented to it. You can refer to the following cases:
Clerk: (Note: Clerk should read standing)
(1) Check the attendance of the parties and their agents ad litem, and invite them to sit down (no need to read it out).
(2) The court discipline now declares:
1. All court personnel should obey the unified command of the presiding judge, turn off all communication tools, observe the court order, and prohibit smoking.
2. The observers must keep quiet, do not make noise, applaud or interrupt, and do not enter the trial area. If you have any comments, you can put them forward after the recess.
3. The parties and their agents ad litem shall not leave the court halfway. If they leave the court without authorization, the plaintiff will drop the lawsuit. If it is the defendant, it will be judged by default according to law.
4. Judges or bailiffs have the right to stop acts that violate court discipline and hinder civil litigation activities. Those who don't listen to stop can be admonished, ordered to leave or fined or detained according to law; If the circumstances are serious, criminal responsibility shall be investigated according to law.
(3) All the people stood up and invited the presiding judge and judges to appear in court.
(4) Report that the judge and the parties have all appeared in court. Please hold a court session.
Presiding Judge: Thank you, clerk. Please sit down.
Presiding Judge: Now, the trial begins. First, check the identity of the parties. The plaintiff should report your name, age, nationality, date of birth, work unit, position and home address to the court.
Plaintiff: Huang, male,1born on June 5, 960, Han nationality, farmer, now living in Heiri Village, Guzan Town, Kangding County.
Presiding Judge: The plaintiff entrusts an agent to report your names to the court respectively, explaining your work unit, position and agency authority.
Authorized Agent: 1: My name is Li Moumou, lawyer of Kangding Public Servant Law Firm. Agency authority: general agent.
2. My name is Zhang Moumou, lawyer of Kangding Public Servant Law Firm. Agency authority: general agent.
Presiding Judge: The defendant reports your name, age, nationality, date of birth, work unit, position and home address to the court.
Defendant: My name is Huang Xiaoqiao, female, born in July of February1980, Han nationality, farmer, and now I live in Heiri Village, Guzan Town, Kangding County.
Presiding Judge: The defendant entrusts an agent to report your names to the court respectively, explaining your work unit, position and agency authority.
Authorized Agent of the Defendant: 1: My name is Zeng Moumou, lawyer of Kangding Xincheng Law Firm, and my authority is the general agent.
2. My name is Xiao Moumou, a lawyer of Xincheng Law Firm in Kangding County, and my agency authority is general agency.
Presiding Judge: Plaintiff, do you have any objection to the identity of the defendant and his agent ad litem?
Plaintiff:No..
Presiding Judge: Defendant, do you have any objection to the identity of the plaintiff and his agent ad litem?
Defendant: No objection.
Presiding Judge: Upon examination, the identity and authorization authority of the above-mentioned parties and agents ad litem are consistent with the procedures handled before the court session. If the parties have not raised any objection, their qualification for appearing in court is valid. They are allowed to take part in the proceedings, and the trial is now in session. (tapping the gavel)
Jury 1: According to the provisions of Article 40 1 and Article 120 of the Civil Procedure Law of People's Republic of China (PRC), the Kangding County People's Court of Ganzi Prefecture held a public hearing today to hear the contract dispute between plaintiff Huang and defendant Huang Xiaoqiao. The members of the collegial panel are announced as follows. In this case, it is the presiding judge, He Moumou is the judge, Zhang is the people's juror, * * * is the collegial panel, and the clerk Gan Wei is the court recorder. According to Articles 45 and 46 of the Civil Procedure Law of People's Republic of China (PRC), the parties concerned have the right to apply for withdrawal. If a judge has the following three circumstances, which may affect the fair trial of a case, the parties have the right to apply for his withdrawal orally or in writing: 1, the parties to this case or the close relatives of the parties or agents ad litem; 2. Interested in the case; 3. Having other relations with the parties to the case, which may affect the fair trial of the case. The application for withdrawal shall be filed before the court session; In the course of the trial, if you know something that needs to be avoided, you should raise it before the end of the court debate and explain the legitimate reasons to the court.
Presiding Judge: Plaintiff, do you ask the collegial panel and the clerk to withdraw?
Plaintiff: No application.
Presiding Judge: Did the defendant apply for withdrawal?
Defendant: No application.
Presiding Judge: Before that, the filing process organization of our hospital has served the parties with the Notice of Opening the Court, which has stated the litigation rights and obligations enjoyed by the parties during the trial. Is the plaintiff aware of this?
Plaintiff: It has been made clear.
Presiding Judge: Did the defendant make it clear?
Defendant: Yes.
Jury 2: The trial is divided into four stages: court investigation, court debate, court mediation, appraisal and sentencing. The following is a court fact-finding. The parties have the responsibility to provide evidence for their own claims, and shall explain the reasons for refuting the other party's claims. First, the plaintiff states the facts, claims and reasons.
Agent ad litem of the plaintiff: claim: 1. The agreement signed by the plaintiff and the defendant is invalid; Second, the defendant was ordered to bear the lawyer's investigation expenses and the litigation expenses in this case.
Facts and reasons: The defendant and the plaintiff are father-daughter relations, and the defendant is the eldest daughter of the plaintiff. On April 20th, 20001year, the original defendant and the defendant signed the homestead exchange agreement through consultation. The content is as follows: "1. The residence at the entrance of Liudian in Dadu River (the plaintiff's current residence) is owned by Xiao Huang Xiaoqiao (the defendant). I agree to give it to my eldest daughter, Huang Xiaoqiao, and no one can interfere. Second, it is Huang's hometown. One hundred years later, three children were assigned to Guan Zhai. 3. Do not change or change for any reason in the future, and agree to change. From April 20th to May 5th, the parties Huang (Huang ornaments) (fingerprints) Huang Xiaoqiao (fingerprints) 20065438+0 April 20th. " When the agreement was signed, neither party went to the relevant department to register the land change, and after the agreement was signed, the two parties did not actually exchange performance. The house in front of Daduhe Store has always been occupied by the plaintiff (Huang), and the homestead in my hometown has always been managed and used by the defendant (Huang Xiaoqiao). At the beginning of 20 12, the defendant demolished the old house and built a new one. On April 20 12, the defendant asked others to inform the plaintiff and asked the plaintiff to move out, which caused disputes and damaged the plaintiff's legitimate rights and interests.
According to Article 44 of the Contract Law, Article 12 of the Land Administration Law, Article 6 of the Regulations for the Implementation of the Land Administration Law, Measures for Land Adjustment of the Ministry of Land and Resources and other relevant laws and regulations, the plaintiff requests the court: 1. Invalidate the agreement signed between the plaintiff and the defendant; Second, the defendant was ordered to bear the lawyer's investigation expenses and the litigation expenses in this case.
Presiding Judge: Does the plaintiff have anything to add to the contents of the indictment?
Plaintiff: Yes, I want to confirm that the homestead exchange agreement signed by Huang Xiaoqiao and me on April 20th, 200 1 is invalid. All litigation costs shall be borne by the defendant. (play by yourself)
Presiding Judge: Now, the defendant will reply to the plaintiff's complaint.
Respondent: Good morning, presiding judge, two jurors. On behalf of my client, I would like to put forward the following defense opinions: According to Item (5) of Article 52 of the Contract Law, a contract that violates the mandatory provisions of laws and administrative regulations is invalid. The mandatory provisions of laws and administrative regulations are emphasized here. At that time, the two parties signed the agreement on the change of homestead location, which was based on the true and reasonable expression of their own meaning. The plaintiff and the defendant are both qualified parties, so the agreement should be effective. In fact, in today's harmonious society, it is beneficial to social development for villagers to exchange homestead and give full play to villagers' autonomy to adjust their living environment. As the biological father of the defendant, the plaintiff should have taken care of the defendant, but ignored the share of father and daughter, sued the defendant and demanded that his claim be rejected.
Presiding Judge: Does the defendant have anything to add to his defense?
Defendant: Insist on his claim and request to dismiss the plaintiff's claim.
Presiding Judge: The following is an evidence review of the facts of the case. Because the filing process organization of our hospital has organized the evidence exchange between the two parties and delivered the evidence list before the trial, during the cross-examination, both parties should explain the name and object of evidence according to the serial number specified in the evidence list submitted before the trial. Other participants in the proceedings should pay attention to the authenticity, legality, relevance, validity of evidence and validity of proof when expressing cross-examination opinions. First of all, the plaintiff in this case presented evidence.
Agent ad litem of the plaintiff: We mainly have three sets of evidence submitted to the court. The first piece of evidence is the investigation record of witness Li Moumou by lawyer Zhang Lanying from Kangding Public Servant Law Firm. (Asking the bailiff to hand over the evidence to the defendant)
Presiding Judge: Did the defendant appear for the witness?
Plaintiff's lawyer: Yes.
Presiding Judge: Witness Li Moumou appeared in court.
Presiding judge: The witness should report your name, gender, nationality, age, date of birth, work unit and home address to the court.
Zheng: My name is Li Moumou, female, Han nationality, born on1October 30th, 1978, and now I live in Heiri Village, Guzan Town, Kangding County.
Presiding Judge: What is your relationship with the original defendant?
Li Moumou: The plaintiff, the defendant and I are from the same village.
Presiding judge: Does the witness have any objection to the identity of the defendant?
Li Moumou: I have no objection.
Presiding Judge: According to Articles 70 and 102 of the Civil Procedure Law, all units and individuals who know the case are obliged to testify in court. Witnesses must truthfully state the facts of the case to the court and must not make false statements, otherwise they will bear legal responsibility. Did the witness hear clearly?
Li Moumou: Listen carefully.
Presiding Judge: Now, please ask the defendant and the agent ad litem to question the witness.
Defendant's agent: Do you know my client Huang Xiaoqiao?
Witness: Yes, we are from the same village. She lives next door to me.
Defendant's agent: Do you have a good relationship with Huang Xiaoqiao?
Witness: What can I say? We just usually like to get together and play. We see hello, and the relationship is average.
Defendant's agent: Do you know the house exchange agreement signed by Huang and Huang Xiaoqiao?
Witness (Li): I know a little about this. I heard it from Huang Xiaoqiao when I was in Longmen Array.
Defendant's agent: Do you know the details?
Witness (Li): I only heard that she said that she would change rooms with her father and sign an agreement. I haven't heard what she said.
Defendant's agent: You mean you don't know the details?
Witness (Li): Yes.
Defendant's agent: Report to the presiding judge. I have no more questions.
Presiding Judge: Do the plaintiff and the plaintiff's agent have any questions to ask?
Plaintiff: Yes, may I ask the witness, how far is it from you and Huang Xiaoqiao's house?
Witness (Li): His home is next door to mine, only a few meters away.
Plaintiff's agent: It means that as long as there is any big movement in Huang Xiaoqiao's family, you should be very aware of it (such as moving)?
Witness (Li): Well, yes.
Plaintiff's agent: Have you ever seen Huang Xiaoqiao move, or have you ever seen Huang Lingjun move to Huang Xiaoqiao's house?
Witness (Li): I have never seen this before. I just saw that Huang occasionally went to his daughter's residence, and he didn't stay long, about a day or two.
Plaintiff's agent: How can you be so sure of Huang's time at Huang Xiaoqiao's house?
Witness (Li): Because when Huang is bored at her daughter's place, she will come to our neighbor to play cards. When he didn't come to play cards with us, he knew that he had gone back to his home.
Plaintiff's lawyer: presiding judge, my question is over.
Presiding Judge: Please ask the plaintiff to continue to give evidence.
Plaintiff's agent: Our second set of evidence is the agreement signed by the original defendant and the defendant. We have submitted it to the court before, which can prove that the house that the two parties agreed to change is the residence of the plaintiff Huang at the entrance of Daduhe store, but the two parties did not register the land change and did not actually change it, so this agreement is invalid;
Presiding judge: Does the defendant have any objection to the evidence presented by the plaintiff?
Defendant: We have no objection to the contents of this agreement. But I think the plaintiff's opinion is different. He thinks that the agreement is valid, and it is invalid only if it violates the mandatory provisions of the law. We don't think this agreement violates the mandatory provisions of the law. At that time, the two parties signed an agreement on the change of homestead location on the basis of their true and reasonable meanings, and both the plaintiff and the defendant were qualified parties. Although neither party has registered the land change, the agreement will come into effect after being sealed by both parties, and both parties have their own fingerprints as the effective conditions.
Presiding Judge: Please ask the plaintiff to continue to produce other evidence.
Plaintiff's agent 2: We produced a set of photos to prove that the house that the defendant used for exchange was demolished by himself after April 20, 200 1 year, and another house was built, and one of the houses of the plaintiff has been occupied by the plaintiff for business operation. This means that both parties no longer change rooms by default, so the previous contract is invalid. (Asking the bailiff to hand over the evidence to the defendant)
Presiding Judge: Does the defendant have any objection to this evidence?
Defendant's agent: There is no objection to the evidence.
Presiding Judge: Please ask the plaintiff to continue to give evidence.
Presiding Judge: Does the plaintiff have any other evidence to show?
Plaintiff's Agent: No more.
Presiding Judge: Now, please ask the defendant to show the evidence to the court.
Defendant: We mainly have three sets of evidence. The first set of evidence is: 1, 20 1 1. On May 24th, Zeng and lawyer of Kangding Xincheng Law Firm made an investigation record of Zheng XX in Kangding Xincheng Law Firm, which read: In April this year, there were me, Wang XX and Xiao XX. 2.20 1 1 On May 24th, 2008, Zeng and lawyer of Kangding Xincheng Law Firm made an investigation record on Xiao XX. The contents were as follows: In April this year, Huang Xiaoqiao asked me to find Huang, and there were three people, Wang XX and Zheng XX, who informed Huang to take it away within 15. These two investigation records show that our party did not acquiesce in the fact that both parties would no longer perform the signed agreement, but that the plaintiff failed to perform his obligations according to the agreement.
Presiding Judge: Did the witness appear in court?
Defendant's agent: Not appearing in court.
Presiding judge: Does the plaintiff and his agent have any objection to the evidence presented by the defendant?
Plaintiff's agent: Yes, according to the law, the witness should appear in court for cross-examination, but the witness provided by the defendant did not appear in court for cross-examination, which did not meet the evidence requirements, and requested the court to find that the evidence was not credible.
Presiding Judge: Please ask the defendant to continue to present other evidence.
Defendant: Our second set of evidence is a case notified by the people's court, which reads: "Thirty years ago (that is, 1982), we refused to exchange places today." The above evidence proves that the homestead exchange between the plaintiff and the defendant should be effective, and from the perspective of stability, maintaining the status quo will be more conducive to stability.
Presiding Judge: Does the plaintiff have any objection to the above evidence?
Plaintiff: Yes, I think this evidence is invalid.
Presiding Judge: The defendant please continue to present other evidence.
Defendant's agent: Here are two photos, which prove that the plaintiff still lives at the gate of Dadu River and runs a restaurant.
Presiding Judge: Please ask the bailiff to show the evidence to the plaintiff.
Presiding Judge: Does the plaintiff have any objection to this evidence?
Plaintiff: Objection. We don't think the photo is relevant to this case. Our case verifies the effectiveness of the agreement.
Presiding Judge: Does the defendant have any other evidence to submit?
Defendant: No. ..
Presiding judge: Do the defendant and the defendant have anything to add to the facts?
Plaintiff: No. ..
Defendant: No. ..
Presiding Judge: After the court investigation just now, all parties expressed their full opinions on the disputed facts. Do the parties have any new evidence to provide to the court?
Plaintiff:No..
Defendant:No..
Presiding Judge: After investigation by the court, the court confirmed the following facts: both parties have no objection to the homestead exchange agreement itself, and the court confirmed the authenticity of the agreement. The witness testimony submitted by the defendant, the witness did not appear in court for questioning by the parties, and it was impossible to verify its authenticity and prove the defendant's point of view. The case cited by the defendant occurred in 1982, when the Land Administration Law had not been promulgated and implemented, which was not suitable for this case.
Presiding Judge: The court investigation is over. Let's enter the court debate stage. According to the complaint, defense and relevant evidence materials submitted by both parties to the court, based on the identification of facts, the court believes that the focus of the dispute in this case is mainly one: whether the agreement signed by the original defendant is valid.
Does the plaintiff have any objection to the focus of the dispute summarized by our hospital?
Plaintiff: No objection.
Presiding Judge: Does the defendant have any objection to the focus of the dispute summarized by our court?
Defendant: No objection.
Presiding Judge: According to Article 127 of the Civil Procedure Law of People's Republic of China (PRC), the court debate is now going on. The parties and their agents ad litem shall make a comprehensive speech around the focus of the dispute in this case, combined with the specific circumstances of the court investigation and the applicable laws. In the debate, we should seek truth from facts, respect objective facts within the scope permitted by law, convince people by reasoning, and should not involve issues unrelated to the case and make personal attacks. Opinions should not be repeated, including facts, evidence and cross-examination opinions.
Presiding Judge: We have a court debate. First of all, the plaintiff and his agent ad litem will express their opinions on the focus of the dispute.
Plaintiff's agent: We mainly argue from the following two points. First, although the two sides signed an agreement, they did not actually perform it, and both sides indicated that they would not perform it, so the previous agreement should be regarded as invalid. Second, in accordance with the provisions of Article 44 of the Contract Law, a legally established contract shall take effect upon its establishment. Where laws and administrative regulations stipulate that examination and approval, registration and other procedures shall be handled, such provisions shall prevail. Land Management Law Article 12 Where the ownership and use right of land are changed according to law, the land change registration formalities shall be handled. Article 6 of the Regulations for the Implementation of the Land Management Law changes the ownership and use right of land according to law. If the land use right is transferred by buildings and structures on the ground according to law, it must apply to the land administrative department of the people's government at or above the county level where the land is located for registration of land change, and the original land registration authority shall handle the registration of land ownership and use right change according to law. Changes in land ownership and use rights shall take effect from the date of registration of changes. Moreover, laws and administrative regulations clearly stipulate that rural villagers only have the right to use the homestead and have no ownership, and cannot illegally transfer the homestead. Moreover, the exchange of the homestead needs to apply to the relevant departments for change registration, but neither party has applied for land change registration, so the agreement is invalid. Report to the presiding judge, my speech is over.
Presiding Judge: Do the defendants and their agents have any defense opinions to express?
Defendant's agent: According to Item (5) of Article 52 of the Contract Law, a contract that violates the mandatory provisions of laws and administrative regulations is invalid. The mandatory provisions of laws and administrative regulations are emphasized here. In fact, in today's harmonious society, it is beneficial to social development for villagers to exchange homestead and give full play to villagers' autonomy to adjust their living environment. As the biological father of the defendant, the plaintiff should have taken care of the defendant, but ignored the share of father and daughter, sued the defendant and demanded that his claim be rejected. Report to the presiding judge, my opinion is published here for the time being.
Presiding Judge: Does the plaintiff have any comments?
Plaintiff's agent: Yes, please ask the other party to think about it. It was the defendant Huang Xiaoqiao who forcibly evicted our client and seized the house. It was Huang Xiaoqiao who ignored the distinction between father and daughter. The original intention of the agreement was to live a better life for each other, but the defendant renovated the original house. In fact, there is no intention to change the house. The act of driving away the plaintiff shows that the decoration of the house is not really for the better life of the father. The real purpose of the defendant's consultation with my client after renovating the house was to occupy my client's house, so my client didn't want to move out, but the defendant took compulsory measures, which was illegal. It can be seen that the defendant's act of decorating the house violated the agreement and violated the main obligations of the agreement, so we demand that the agreement be invalid. Report to the presiding judge that my second opinion has been published.
Presiding Judge: Does the defendant have any defense opinions?
Defendant's agent: We didn't decorate the house in advance, but because the plaintiff has been living and operating in the house. We believe that this behavior has actually indicated the intention of not fulfilling this agreement, but we still decorated the house in order to fulfill the contract and provide a better living environment for the plaintiff in the future. Secondly, instead of forcibly expelling the plaintiff, we entrusted others to negotiate with the plaintiff in advance. If no agreement is reached through negotiation, compulsory measures shall be taken to ensure the normal performance of the agreement. My second defense opinion is hereby temporarily published.
Presiding Judge: Does the plaintiff have any additional comments?
The plaintiff's agent said: Although the plaintiff Huang didn't know the illegal legal provisions of the agreement when signing it, the law respected the objective facts, because he didn't know the law, so he couldn't confirm the validity of the agreement. Article 80 of the General Principles of the Civil Law stipulates that land shall not be bought, sold, leased, mortgaged or illegally transferred in other forms, and the homestead belongs to the collective and shall not be transferred for any reason. Therefore, the agreement is invalid. Report to the presiding judge that my opinion has been published.
Presiding Judge: Does the defendant have any defense opinions on this?
Defendant's agent: The purpose of law is to protect and serve the people. The transfer of residence between natural persons is beneficial to people's production and life. It is conducive to carrying forward the style of sovereignty in the people and villagers' autonomy. The house exchange agreement is valid. My views are published here for the time being.
Presiding Judge: Does the defendant have any additional comments?
Defendant's agent: As we mentioned before, the people's court notified a case that read: "The exchange of words thirty years ago was rejected today." This is also because it proves that this agreement is effective and the court should support the defendant's claim.
Presiding Judge: Does the plaintiff have any opinion on this?
Plaintiff's agent: Yes, please note that the 30-year land exchange reported by the court should be effective if it is actually adjusted for 20 years according to the land adjustment measures of the Ministry of Land and Resources, while this case is only 10 year, which is the actual land exchange, and the regulations and cases are not applicable.
Defendant's agent: We now request actual performance, but the plaintiff fails to perform, and we request the court to support our request.
Plaintiff's agent: The non-performing party not only made our defendant fail to perform the agreement, but also demolished the house for exchange and built a new house, which was obviously unwilling to perform the agreement. In addition, combined with the legal provisions prohibiting the transfer of homestead, we insist that this agreement is invalid. Request the court to adopt it.
Presiding Judge: Does the defendant have a new defense? Needless to say, it is repetition.
Defendant: No. ..
Presiding Judge: Does the plaintiff have any new arguments?
Plaintiff: No. ..
Presiding Judge: Around the focus of the dispute, the two sides conducted a full court debate. There is no new debate between the two sides, and the court debate stage is over. Now the final statements will be made by both parties. In the final statement stage, both parties can simply and clearly express their opinions on the handling of this case and their willingness to insist on litigation claims. First, please ask the plaintiff to make a final statement.
Plaintiff: Please ask the court to support my claim (you can add a few points yourself).
Presiding Judge: Please ask the defendant to make a final statement.
Defendant: Request the court to dismiss the plaintiff's claim,
Presiding Judge: According to Article 128 of the Civil Procedure Law of People's Republic of China (PRC), mediation can be conducted before the judgment. Plaintiff, do you agree to mediation?
Plaintiff: No, strongly disagree.
Presiding Judge: As the plaintiff does not agree to mediation, the court will no longer organize mediation, and the collegial panel needs to adjourn for five minutes to review the case.
Presiding Judge: We are adjourned for deliberation by the collegial panel. After deliberation, the court will continue its session (beating the gavel).
Clerk: All rise, please ask the members of the collegial panel to retire. (Under the collegial panel)
(Five minutes later)
Clerk: When the recess is over, please all stand up and invite the presiding judge and judges to enter the court.
Presiding Judge (after sitting down): Sit down.
Presiding Judge: (Announced after knocking the gavel) Now continue the trial.
According to the valid evidence and the statements of the parties, we confirm the following facts of the case:
The original relationship with the defendant was father and daughter, and the defendant was the eldest daughter of the plaintiff. On April 20th, 20001year, the original defendant and the defendant signed the Housing Foundation Agreement. The content is as follows: "1. The residence at the entrance of Liudian in Dadu River (the plaintiff's current residence) is owned by Xiao Huang Xiaoqiao (the defendant). I agreed to give it to my daughter Huang Xiaoqiao, and no one can interfere. Second, it is Huang's hometown. One hundred years later, three children were assigned to Guan Zhai. 3. In the future, the house shall not be changed or changed for any reason, and the house shall be changed from April 20th to May 5th. Both parties Huang (Huang Shi) (fingerprint) Huang Xiaoqiao (fingerprint) Kangding County Guzan Judicial Office (seal) No.2001No.20 April. " After the signing of the agreement, the two sides did not actually exchange performance. The house in front of the Daduhe store has always been occupied by the plaintiff, and the homestead in my hometown has always been managed and used by the defendant. In 20 12, the defendant demolished the old house and built a new one. On April 20 10, the defendant asked others to inform the plaintiff and asked the plaintiff to move out, which caused a dispute. I told this to our hospital.
After being submitted to the judicial committee for discussion, our court believes that according to Articles 13 and 62 of the Land Administration Law of the People's Republic of China, the legally registered land ownership and use right are protected by law, and no unit or individual may infringe upon them. Rural villagers' residential land shall be audited by the township (town) people's government and reported to the county-level people's government for approval. Article 4 of the Measures for the Administration of Rural Homestead Land in Sichuan Province stipulates that rural residents only have the right to use the homestead and have no ownership. The ownership and use right of the homestead shall be protected by law, and no unit or individual may occupy, trade or illegally transfer it in other forms. Article 80 of the General Principles of the Civil Law stipulates that land shall not be bought, sold, leased, mortgaged or illegally transferred in other forms. Article 58 stipulates that a civil act that violates the law or social public interests is invalid, and an invalid civil act is not legally binding from the beginning of the act. Although the original and defendant signed the homestead exchange agreement on the basis of equality and voluntariness, the two parties failed to perform the house exchange as agreed, and the homestead exchange behavior of the original and defendant violated the relevant laws and regulations, which should be an invalid agreement. Therefore, the plaintiff's claim to confirm the invalidity of the homestead exchange agreement between the two parties was supported by the court. According to Articles 11, 13 and 62 of the Land Management Law of the People's Republic of China, and Articles 58 (5), 2 and 80 (3) of the General Principles of the Civil Law of People's Republic of China (PRC), the judgment is as follows:
Now sentence:
Clerk: (All rise)
The verdict is as follows:
1. The House Key Exchange Agreement concluded by plaintiff Huang and defendant Huang Xiaoqiao on April 20th, 200 1 is invalid.
2. 50 yuan, the case acceptance fee, shall be borne by the defendant.
If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties, and appeal to the People's Court of Kangding County, Sichuan Province.
Presiding Judge: Judge: He Moumou People's Juror: Zhang Clerk: Gan Mou
20 12 April 26th
Presiding Judge: Sit down.