How can the real estate court confirm the truth?
2022-08-22
On the basis of trust, there is a common way of communication and trading habits of emphasizing oral and writing, especially in the "acquaintance society" with strong local flavor. Once a dispute occurs, if the parties' ability to provide evidence is weak, it is inevitable that it will be difficult to find out the facts and handle the case. Recently, the people's Court of Suzhou Industrial Park in Jiangsu Province concluded a dispute over the property ownership of an uncle and nephew. The court conducted a detailed investigation on many relatives and the seller of the house, combined with folk traditional customs, analyzed the rationality of the statements of the two parties in the dispute from multiple angles, restored the truth of the house purchase more than 10 years ago, and finally determined that the property was purchased by the uncle entrusted the nephew to handle the purchase procedures, supporting the uncle's claim. The trial of the case involves the confrontation between witness testimony and written evidence, and the application of folk traditional customs in civil proceedings. It is an example of civil trials inheriting the "Ma Xi five trial methods" and carrying forward the socialist core values. (the picture shows the court hearing.) When he was young, Lao Wang moved into a foreign country. In his later years, he had the desire to return to his roots. He sold the house in another country and used the money to buy a house in his hometown, so that he could return to his hometown and live with his relatives. Lao Wang has no education, his wife is mentally disabled, and his son is mentally retarded. Based on family affection, Lao Wang entrusted his brother to keep the cash paid by the buyer when selling the house, and then delivered part of the cash to the seller when buying the house. In order to buy a house, Lao Wang entrusted his sister-in-law and his nephew to find a house source, and then entrusted his nephew Xiao Wang to sign a house purchase contract, pay for the house purchase, and handle the transfer procedures. After that, the house property certificates and bills were kept by Mr. and Mrs. Wang. In 2005, Lao Wang lived in the house of his hometown, hoping to enjoy his old age with his wife. After that, I lived a happy life without any worries. In 2015, Lao Wang accidentally learned that his house was registered under the name of Xiao Wang and his wife. Over the past 10 years, the appearance of family harmony and happiness has been revealed, and the dispute over huge property has surfaced. Lao Wang repeatedly asked Xiao Wang and his wife to transfer the house to him. Unexpectedly, Mr. and Mrs. Wang did not admit that the house was purchased by Mr. and Mrs. Wang, but claimed to purchase the house at their own expense. The reason was that the contract was signed by him and the seller, and the house price and taxes were also paid by him. They also held relevant evidence and the house was registered in his name. After the dispute, Lao Wang's brothers and sisters, as Xiao Wang's elders, repeatedly came forward to coordinate, and Xiao Wang's attitude remained the same. For this reason, Mr. and Mrs. Wang also had conflicts with many elders, and the public security organs also intervened in the investigation. The dispute between the two parties has also attracted the attention of Suzhou local media. In addition, in 2020, the couple filed a lawsuit with the court of Suzhou Industrial Park to confirm that the house should belong to them, and the couple should cooperate to register the house in their name. Xiao Wang and his wife argued that Lao Wang and his wife had no evidence to prove that the house was bought by Lao Wang and his wife. In the lawsuit, the old Wang came to the court and described the long road of "buying a house" when he returned to his hometown in his later years: Lao Wang was originally a native of Xietang and came to Loufeng as his son-in-law. In 2005, he wanted to return to Xietang, so he sold the house in Loufeng. His nephew (Xiao Wang's wife) and sister-in-law learned that the seller wanted to sell the house. Later, his sister-in-law, brother-in-law, brother-in-law and nephew (Xiao Wang) worked together with him
Edit：Wei Li Bin Responsible editor：Yin Bing
Source：People's Court Journal
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