Lin Shanruo nodded excitedly with a look of eagerness to try.

Since he is fighting side by side with his senior sister, Li Chao is eager to achieve 100% victory, and he must win cleanly and beautifully.

Intuitively sued Li Chao that filing a lawsuit for unjust enrichment was not the best choice, but he hadn't figured out his head for a while, and he couldn't think of a better way, so Li Chao fell into deep thought.

This case seems simple, but in fact there are very complex legal relationships. The most critical issue is whether to apply the legal relationship of unjust enrichment or the legal relationship of invalid gift.

If a lawsuit for unjust enrichment is filed, it means that Chen Huiying's husband's gift of property is not recognized, but Xiao San illegally occupies her husband's property. However, the other party is likely to grasp that this is an act of gift, not unjust enrichment, and request that Chen Huiying's claim be dismissed.

If a lawsuit for the invalidity of a gift is filed, there is also a great deal of controversy in judicial practice, some people believe that the act of the spouse donating the property of the third child is invalid, some people think that it is legal and valid, and some people think that it is partially valid.

Li Chao thought of this and continued to think deeply. It is too risky to file a lawsuit for unjust enrichment, and it is possible that the court will avoid review and directly dismiss the claim, just like a sexual welfare lawsuit.

However, if a lawsuit is filed for the invalidity of the gift, it is impossible for the court to risk the condemnation of the world to determine that the gift is valid and protect the interests of the junior.

After Li Chao thought about it clearly, he raised his head and said to Chen Huiying solemnly: "After careful consideration, I feel that it is better to protect your rights and interests by filing a lawsuit for nullity of gift." Because there is a one-in-three probability that the court will find the gift invalid if an invalidation lawsuit is filed. The junior should return all 4.71 million yuan. There is a two-thirds probability that the court will do the work and the junior will return part of the money. ”

"If a lawsuit for unjust enrichment is filed, then there is a more than 90% probability that the court will do the work and the junior will return part of the money."

"In order to strive for the possibility of returning 4.71 million yuan in full, I still filed a lawsuit for invalid gift. Ms. Chen. What do you think? “

Lin Shanruo listened to Li Chao's analysis, and also nodded his head, glanced at Li Chao appreciatively, and said convincingly: "Li Chao, your analysis is very comprehensive. ”

then persuaded Chen Huiying: "Sister Chen, this is a kind of legal competition. You can either bring an unjust enrichment action or an action to confirm the annulment of the gift. However, you can only choose the more advantageous way to file a lawsuit between the two. From a legal point of view, filing a lawsuit for nullity of a gift can indeed better protect your rights and interests. ”

Chen Huiying nodded and said happily: "Okay." I listen to you, you are so eager to help, I will do what you say. ”

Seeing Chen Huiying's unreserved trust, Li Chao felt a heavy burden on his shoulders. We must win this lawsuit!

Li Chao immediately drove to Shangjia Law Firm to complete the agency procedures for Chen Huiying, prepare the complaint, the application for property preservation, and prepare the evidence materials.

After preparing these corresponding materials, Li Chao and Lin Shanruo immediately divided into two ways. Lin Shanruo took his lawyer's card to the traffic police brigade vehicle management office to investigate the registration of the junior vehicle. And Li Chao went directly to the Housing Authority to investigate the situation of Xiao San's purchase of a house.

The two negotiated for a while. Each checked the corresponding information. Immediately call the other party to inform Li Chao of the car and house information on the property preservation application.

After filling it out, both of them drove straight to the courthouse.

Arrived at the Huro District Court. Judge Zhong, who was in charge of filing the case, smiled when he saw Li Chao. During this time, Li Chao became a frequent visitor to the court, and the judges dealt with Li Chao a lot, and the relationship became proficient and harmonious.

Li Chao smiled and said, "Judge Zhong, okay." Well, there is a more urgent case today. I also ask you to help file and divide the case as soon as possible. ”

As he spoke, Li Chao handed over a cigarette. Doing business in Huaxia Country. They all pay attention to the sophistication of people. Handing a cigarette seems to have a more harmonious relationship and things are easier to do.

Judge Chung took the cigarette. smiled and quipped to Li Chao: "Superman lawyer, you have really become a superman, the source of cases is rolling, you are busy, and your wealth is wide!" ”

Li Chao responded with a smile: "This is not the blessing of the country to vigorously promote the rule of law and rely on the judges to enforce the law impartially and establish judicial authority, now the parties are more and more convinced of the law, more and more willing to use weapons to protect their own rights and interests, more and more people sue the court, our business is naturally better." Judge Zhong, I should thank you for your hard work, so that we have the opportunity to make money. ”

The salaries of judges are very low, even if Shenpeng is a special zone, and the separate sequence management of judges has been implemented, and the salaries of judges are the first in the country, with nearly 20,000 yuan a month, but compared with Shenpeng's lawyers, the judges' salaries are just sprinkled with water.

Li Chao will not talk about how he makes money in front of the judge and disgust the judge, but says good things.

Judge Zhong smiled when he heard this, and scolded with a smile: "You lawyers just have a clever mouth. We can't compare to your income. Immediately helped Li Chao file a case.

After the case was filed, he immediately contacted Dean Rao Qinghua for approval of the division. Because of Li Chao's sexual welfare lawsuit, the Huluo District Court showed its face in front of the national media, and even the Provincial High Court praised the Huluo District Court's excellent performance in the sexual welfare lawsuit.

In other words, Li Chao won honor for the Huluo District Court, so the court gave Li Chao some face.

The case was quickly divided, and Judge Luo of the First Civil Court undertook it. Li Chao, Lin Shanruo, and Chen Huiying immediately requested an appointment to see Judge Luo.

Seeing Judge Luo, Li Chao immediately explained that Xiao San had insight into the discord between Chen Huiying and Tong Yi, and that Xiao San was likely to transfer his property, and asked the court to immediately freeze his car and house.

After Judge Luo understood the situation clearly, he nodded and said, "Okay, if you provide a property preservation guarantee, our court will immediately take property preservation measures to freeze the other party's property." ”

"Superman lawyer, what is a property preservation guarantee?" Chen Huiying asked in confusion.

Judge Luo listened to Chen Huiying's question and took the initiative to explain: "The property preservation guarantee refers to the guarantee provided by the applicant for property preservation to the people's court when applying for property preservation. ”

Deng Huiying was shocked when she heard this, and said helplessly to Li Chao and them: "4.71 million yuan is all our savings, and I only have tens of thousands of yuan around me for daily life now, how can I have so much money to guarantee!" ”

Li Chao gave her advice, "Don't you have a house and a car?" Take your house and car to the court to get a mortgage guarantee, and that's it. ”

Deng Huiying said with a crying voice: "The car, my husband drove it, and the real estate certificate was also put away by my husband." If he doesn't cooperate, I won't get it at all. What to do, Superman Lawyer? ”

Seeing that Deng Huiying was unable to provide a guarantee, Li Chao turned to Judge Luo and pleaded: "Judge Luo, you see that it was really difficult for people at that time, can you waive the property preservation guarantee." ”

Judge Luo shook his head and said hesitantly, "This ...... As you know, Mr. Li, you should provide a guarantee for property preservation in accordance with the law. ”

Today, Chen Huiying and Tong Yi had a big quarrel at the airport, and Xiao San was in the waiting hall, she saw that this situation was likely to take measures to transfer property, and time was pressing, and she had to find a way to persuade the court to take property preservation measures.

Hearing Judge Luo's tone a little relaxed, Li Chao smiled and persuaded again, "Judge Luo, in accordance with the provisions of Article 152, Paragraph 3 of the latest Judicial Interpretation of the Civil Procedure Law, in litigation, if the people's court adopts preservation measures upon application or ex officio, it shall decide whether the parties should provide security and the amount of guarantee according to the specific circumstances of the case. ”

"If you look at the facts of this case, it is very clear that Chen Huiying's husband gave 4.71 million yuan to Xiao San without permission, and there can be no mistakes in property preservation in this case, and please ask Judge Luo to consider Chen Huiying's practical difficulties and exempt him from providing a guarantee!"

Judge Luo thought for a moment, and then relented: "In this way, you are not required to provide an equal amount of guarantee, as long as you provide a deposit of 10,000 yuan." ”

Chen Huiying hurriedly replied loudly, "Thank you, Judge Luo, I have 10,000 yuan, I have it." I'm willing to pay. ”

Chen Huiying soon deposited 10,000 yuan into the account designated by the court as a guarantee. The court immediately began to seize the relevant property of Xiao San.

The court has an internal enforcement linkage bank inquiry system, which can clearly query the bank deposits of the parties in the country.

Judge Luo checked on the inquiry system and found that there was a total of 130,000 yuan in deposits in Xiao San's bank account, which had been transferred away 10 minutes ago.

As soon as he saw the account transaction details on the screen, Li Chao sighed in his heart, this junior is really cunning, or maybe there is a master's trick, and he quickly transferred his property when he saw that it was not good.

Li Chao immediately said excitedly: "Judge Luo, the other party is transferring the property, and I also ask your court to take compulsory measures as soon as possible, otherwise the car and house will also be transferred." ”

Judge Luo nodded solemnly and responded, "Okay, let's go to freeze now!" Immediately, Judge Luo and the clerk rushed to the DMV and the Housing Authority in a hurry.

Walking out of the courthouse, Chen Huiying asked nervously: "Superman lawyer, lawyer Lin, that woman won't transfer all her property, right?" In that case, I won't be able to recover a penny. ”

Lin Shanruo hurriedly comforted: "Don't worry, if you want to transfer the car and house so quickly without deposits, it will take time to go to the relevant departments to change the registration, and the court will definitely be in time." ”

"As for the other party transferring 130,000 bank deposits, if the other party cannot explain the reasonable use of the transferred deposits, the court may order it to make up the 130,000 bank deposits." Lin Shanruo's comfort calmed Chen Huiying.

At the same time, outside the door of the DMV, Li Dujun and a young and beautiful girl hurriedly walked to the office hall.

While walking, Li Dujun also urged: "Hurry up and submit the formalities, and take advantage of his wife's failure to file a lawsuit, transfer the car and house, so that the other party will have nothing to do with you." Unexpectedly, the master behind Xiao San's scene turned out to be Li Dujun.

On the other side, Judge Luo and they drove quickly, and it was up to them to see who could take a step faster! (To be continued)

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