The following is a model civil complaint for an invalid real estate sales contract.
Plaintiff:
Domicile:
Defendant:
Address:, Contact: 25663***
ask
1. Request a judgment to confirm that the Property Purchase and Sales Agreement signed by both parties on 20xx 165438+ 10/1and the Supplementary Agreement signed by both parties on () are invalid;
2. Request the defendant to return the deposit paid by the plaintiff of RMB 6,543,800+and pay another RMB 6,543,800+to the plaintiff according to the penalty for the deposit.
3. Ask the defendant to compensate the plaintiff for the interest loss in RMB (see the interest loss calculation table for details).
Facts and reasons
The plaintiff and the defendant signed a real estate sale and purchase agreement on. In this agreement, both parties agree that:
1. The subject matter of the transaction is the property with the area code of XX, which is a dangerous building.
2. The transaction price of the above property is RMB10,000 yuan. Party B (plaintiff) shall pay a deposit of 10,000 yuan.
3. When Party A (the defendant) delivers the house, it shall ensure that there is no structural damage to the house, and the doors and windows and supporting water, electricity and gas pipelines are in good condition.
4. Party A (defendant) guarantees that the ownership of the above-mentioned house is clear.
Neither party can break the contract halfway. Otherwise, a deposit will be charged.
After the contract was signed, the plaintiff paid the defendant a house purchase deposit of RMB 10000 yuan according to the real estate sales agreement.
The two parties reached a supplementary agreement on, and it was stipulated that the plaintiff should pay a deposit of RMB 10000 yuan, and the time for the plaintiff to pay off all the purchase price was postponed to,. After the agreement was signed, the plaintiff paid the deposit 10000 yuan in time.
Recently, the plaintiff learned that before the two parties signed the Real Estate Purchase and Sale Agreement, the defendant set a mortgage for the third party on the subject matter of the transaction. So far, the defendant has not informed the plaintiff of the existence of mortgage on the subject matter of the transaction, nor has the Property Purchase and Sales Agreement and its supplementary agreement mentioned the handling method of the above mortgage.
According to Article 49 of the Guarantee Law, "During the mortgage period, if the mortgagor transfers the registered mortgaged property, it shall notify the mortgagee and inform the transferee of the mortgaged property; If the mortgagor fails to inform the mortgagee or assignee, the transfer is invalid. The plaintiff believes that the Real Estate Purchase and Sale Agreement and its supplementary agreement should be confirmed as invalid contracts according to law.
Based on the above facts and reasons, in order to protect the legitimate rights and interests of the plaintiff, we request your court to make a judgment as requested.
I am here to convey
XX District People's Court
Plaintiff:
20xx * * month * * day
Invalid indictment 2 plaintiff 1:
Address:
Contact telephone number:
Plaintiff 2:
Address:
Contact telephone number:
Plaintiff 3:
Address:
Contact telephone number:
Defendant:
Address:
Legal representative:
The third person:
Address:
Legal representative:
Contact telephone number:
Litigation request:
Revoke the decision on examining the request for invalidation made by the defendant on (hereinafter referred to as the "decision").
Facts and reasons:
In this case, the third party filed a request for invalidation against the plaintiff's invention patentNo. 1000 1. "03 1 12809.2", the defendant made a decision on, and declared all the plaintiff's patents invalid on the grounds of violating the fourth paragraph of Article 26 of the Patent Law. The plaintiff thinks that decision no. 15243 the facts are wrongly determined and the law is not properly applied, so the reasons cannot be established and should be revoked according to law.
First, the fact that there is no part between the moving electrode and the static electrode in the judgment is wrong.
The decision "fact" is: "According to the description, nothing is arranged between the moving electrode 2 and the electrostatic electrode 1".
In fact, this patent specification not only records: "There is an elastic resistance device between the moving electrode and the electrostatic electrode to prevent the moving electrode from moving to the electrostatic electrode" (page 4, line 5 of the specification); It is also recorded that "under the action of centrifugal force, the moving electrode overcomes the resistance of the elastic resistance device and approaches the electrostatic electrode. The higher the rotating speed, the greater the centrifugal force, the closer the moving electrode is to the electrostatic electrode, and the smaller the resistance between the moving electrode and the electrostatic electrode. When the rotating speed reaches the rated value, the moving electrode is attached to the electrostatic electrode, and the resistance between the moving electrode and the static electrode is reduced to zero, thus completing the starting process "(page 4, line 1 1 of the instruction manual).
From the description, those skilled in the art can fully see that there is an "elastic resistance device" and a "resistance (electrolyte)" between the moving and electrostatic electrodes. So I decided that this fact was wrong.
Two, that "can really support the claim" of the legal standard is not properly applied.
It is decided that "the content that can really support the claim should be embodied in the embodiment".
Paragraph 10 of section 3.2. 1 in Chapter II of Part II of the Review Guide clearly stipulates: "When judging whether the claim is supported by the specification, the whole content of the specification should be considered, not just the specific implementation part", that is, as long as the claim can be summarized from the full text of the specification.
Article 17 of the Detailed Rules for the Implementation of the Patent Law stipulates, "(5) Specific mode of implementation: specify in detail the preferred mode of realizing the invention or utility model that the applicant thinks; Give examples when necessary; If there are drawings, refer to the drawings. "
The first paragraph of page 138 of the review guide further clearly stipulates: "In the case that the technical scheme of the invention or utility model is relatively simple, if the technical scheme part of the specification has clearly and completely explained the subject matter required to be protected by the patent application for invention and utility model, it is unnecessary to repeat the explanation in the specific implementation part."
The technical scheme, effect and action process of the "elastic resistance device" are clearly recorded in this patent specification, and those skilled in the art can fully understand two specific embodiments of the "compression spring" and the "extension spring".
As a preferred mode, the tension spring mode is described in detail in the patent examples and the attached drawings.
According to the common sense that the "force" of compression spring and extension spring acts in opposite directions, it is easy for people to think of the concrete realization of compression spring from the concrete realization of extension spring.
Compression spring is a common means and a simple way, which includes: ① the length of compression spring cannot be compressed to zero, and a cavity is needed to ensure the contact between static and moving electrodes; (2) Springs are generally made of metal, which is conductive, so it is difficult to ensure the insulation distance between the moving and electrostatic electrodes, and it takes up the effective space of the moving and electrostatic electrode plates; (3) Because the contact surfaces of the moving and electrostatic electrodes are tile-shaped, the production process for processing tile-shaped cavities is complicated and many materials are used.
Therefore, the compression spring mode is inferior and need not be recommended and explained in the embodiment.
In summary, the defendant's decision is not. 15243 the facts are found wrong and the law is not applied properly, so it should be revoked according to law.
I am here to convey
Beijing No.1 Intermediate People's Court
Shaping people:
date month year
Invalid indictment 3 Plaintiff: _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _
Defendant: _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _ _ _
Claim: _ _ _ _ _ _ _ _ _ _ _ _
Risk warning: _ _ _ _ _ _ _ _ _ _ _
The litigation request must be specific and clear, and what should be written must be written, because it is related to the scope of court review. But don't want it without thinking. If there is no corresponding evidence to support your claim, you will inevitably lose the case and usually pay the corresponding legal fees to the court.
In addition, the litigation request should put forward a specific amount, and it cannot be said in a general way that "the plaintiff shall be compensated for all the losses". Although this is not controversial, it does not mean that the more lawsuits you file, the more realistic the amount you request. This will not only reduce the cost and risk of litigation, but also help the court to mediate and reconcile the parties and reduce the burden of litigation.
1. According to the law, the deceased _ _ _ _ _ _ _ was recognized as the victim in the compulsory motor vehicle traffic accident liability insurance in this case, and was recognized as a third party in the motor vehicle third party liability insurance;
2. The defendant was ordered to pay RMB _ _ _ _ _ _ _ _ yuan to the plaintiff according to law.
3. According to the law, the defendant is ordered to compensate the plaintiff for property losses within the liability limit of motor vehicle loss insurance * * * RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. The defendant was ordered to bear the legal fees, appraisal fees and other expenses of this case.
Prosecutor: _ _ _ _ _ _ _
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