Chapter 117 Violation of public order and good customs

Li Dujun's gaze changed from complex to resolute, and a naΓ―ve lawyer who pursues justice should be beaten up, so that he understands the height of the sky and knows how to restrain his edge.

Li Dujun made up his mind, instead of letting the bad guys educate Li Chao about harm, it was better to give him a head drink, and let him know that it was ridiculous to pursue the so-called justice as a lawyer.

The eyes of the two collided violently, creating a spark of victory. Both of them have made up their minds that this trial must be won!

When the time comes, the bailiff on duty conducts a security check, and both parties enter the court through the security check with a summons for the court session and relevant documents.

At 9 o'clock in the morning, the clerk said loudly: "All stand up, please the presiding judge, judges, and people's assessors enter the courtroom!" ”

The presiding judge walked into the courtroom, struck the gavel on the trial seat, and solemnly announced: "The court is now open!" ”

"At 9 a.m. on February 1, X, the First Civil Trial Division of the Huluo District People's Court, in accordance with the provisions of Article 134, Paragraph 1 of the "Huaxia Civil Procedure Law", hereby tried the case of the plaintiff Chen Huiying, the third party Tong Yi and the defendant Yu Keer in a closed trial of the gift contract dispute."

"The parties enjoy the following procedural rights and obligations...... Did the parties hear clearly and did they apply for recusal? ”

All three parties replied that they did not apply, and the presiding judge continued: "The parties did not apply for recusal, and the collegial panel in this case was formally formed. Next, the plaintiff will state the facts, reasons and claims of the lawsuit. ”

Li Chao winked at Lin Shanruo, Lin Shanruo nodded lightly, and began to state, "Honorable presiding judges, judges, and people's assessors, the facts and reasons for our prosecution are as follows. The plaintiff, Chen Huiying, and the third party were husband and wife, and the two voluntarily registered their marriage on November 2, 2019. After marriage, they had two sons and a daughter. At about 7 o'clock in the evening on October 2 of the previous year, the third person used the guΓ²** shake function to shake the defendant Yu Keer, and the two sides began to chat on **. Immediately, the two sides met at 9 p.m. on October 9 of the previous year, a week after they met. He stayed at the Shangri-La Hotel that night and had an improper sexual relationship.

Subsequently, the defendant Yu Keer maintained an immoral communication relationship even though she knew that the third party Tong Yi was a married woman, and repeatedly instigated the third person Tong Yi to divorce the plaintiff, and the third party repeatedly forced the plaintiff to divorce at the instigation of the defendant. As a result, the plaintiff and the third party have a discordant relationship and family harmony. ”

"In her improper dealings with a third party, the defendant Yu Keer also asked for money to buy a car and a house, and asked the third party to give her money to buy a car and a house on the grounds that the third party could live a happy life with the plaintiff if she divorced the plaintiff."

The third person could not withstand the defendant's repeated temptations and persuasions. On March 12 last year, the 53,500 300216 shares purchased by the husband and wife with all their savings were discarded at a low price without permission, with a transaction amount of 4718327 yuan. ”

"In the five days from March 12 to March 16, the third party transferred the proceeds from the sale of shares to the defendant's account in seven installments without notice or consultation with the defendant, with a total transfer of 710,000 yuan."

After the defendant got the money, he spent 830,000 yuan to buy a BMW 640 on March 17. On March 21, it signed a contract with Pengrui Real Estate Company to purchase Room 3804 on the T4th floor of No. 1 Shenpeng Bay. With an area of 100 square meters and a total price of 10 million yuan, the defendant paid a down payment of 3 million yuan on the same day. The remaining 880,000 yuan of the 4.71 million yuan. The defendant used it for his personal profligacy. ”

"To sum up, the third party and the defendant had an improper relationship between a man and a woman, and the defendant still maintained a relationship even though he knew that the third party had a wife, which undermined the relationship between the plaintiff and the third party and the stability of the family. The third party did not notify the plaintiff during the period of their marital relationship. Without reaching an agreement with the plaintiff, he privately transferred the joint property of 4.71 million yuan to the defendant. After the defendant received 4.71 million yuan, it was used to purchase luxury cars and mansions. for the future luxury life of him and a third person. ”

"The third party's unauthorized transfer of the joint property of the husband and wife to the defendant Yu Keer not only violated public order and good customs. Moreover, Yan zhΓ²ng has harmed the plaintiff's legitimate property rights and right to know, so our request is as follows: 1. Request to confirm the invalidity of the 4.71 million yuan donated by the third party to the defendant in accordance with the law;

2. Request the court to order the defendant Yu Keer to return RMB 4.71 million to the plaintiff in accordance with law;

3. Order the defendant to pay interest (with RMB 4.71 million as the principal, calculated according to the bank's loan interest rate for the same period, from March 16 last year to the date of full payment);

4. The defendant shall bear the litigation costs of this case. ”

This is the first time Li Chao has felt Lin Shanruo's style of court debate so closely, with a crisp voice, capable views, and a delicate face, which looks particularly sassy and heroic. Li Chao quietly gave Lin Shanruo a thumbs up, Lin Shanruo smiled coquettishly and gave Li Chao a blank look.

Chen Huiying and Old Man Tong nodded again and again when they heard this, and Tong Yi lowered his head in shame. Li Dujun leaned back in his chair casually and listened relaxedly.

"In response to the plaintiff's claims, facts and reasons, the defendant and the third party shall reply in turn."

Li Weijun first smiled proudly, and then loudly expressed his defense opinions, "Honorable presiding judge, as the defendant's entrusted agent, I briefly reply as follows: 1. The defendant is not at fault in the course of his dealings with a third party. On October 2, 2019, the two parties met through guΓ²**, and the third party repeatedly stated that he was single, and showed off his economic strength to launch a fierce pursuit of the defendant, and the defendant mistakenly believed the sweet words of the third party, and secretly promised it, so the relationship gradually deepened. ”

"For the defendant, the interaction with a third party is normal. It was only a third party who concealed the marriage history and deceived the defendant. On the evening of October 9, when the two opened a room, the third party said that he had a wife after the incident, and the defendant was furious at that time, saying that he would cut off contact, and it was the third party who offered to divorce his wife immediately and then marry the defendant. It can be seen from this that the defendant was not at fault in his dealings with a third party, did not violate public order and good customs, and should not be blamed. The fault lies in the immorality of the third person, who, as a married man, wantonly deceived the defendant's feelings. ”

"2. The money given by a third party to the defendant is an expression of the third party's true intention and is an act of gift, and the act of donation is lawful and valid. After the defendant broke the third person's married husband, the third person tried to save the sad defendant. Offered to buy a house and a car for the defendant and live together in the future. The defendant repeatedly stated that he was not greedy for his money, but just wanted to find a person who could be trusted for life, and asked a third party not to harass her. However, the third party persevered and took the initiative to transfer 4.71 million yuan to the defendant's account. promised to give it to the defendant and asked the defendant to buy a house and a car. The gift occurred after the defendant and her ex-husband divorced, and the purpose of the third party's gift of money was also for the purpose of the future union of the parties. The defendant is an adult citizen with full capacity for civil conduct, and his act of donation is a true expression of intent. Therefore, the gift is legal and valid and should be protected. ”

"3. After the defendant received the money, it was a third party who took the initiative to contact him and went to buy a house and a car together, which shows that the third party voluntarily gave it away. March 17 last year. The third person took the initiative to drive the defendant to the Shenpeng Baochuang BMW 4S store, and took the initiative to choose the BMW 640 for the defendant. The car cost a total of 830,000 yuan, because the defendant partnered with others to do the project at a loss, the car had been transferred to the creditor for 580,000 yuan a few weeks ago, that is, on January 20 this year.

"As for buying a house, it was also the third party who took the initiative to contact the developer, Pengrui Real Estate Company, to discuss the floor and price of No. 1 Shenpeng Bay, and then took the defendant to sign the house purchase contract on March 17 last year. The defendant paid a down payment of $3 million at the time of purchase. From March last year to January this year, the defendant paid a housing bank loan of 557896 yuan for a total of 11 months, and the house was registered in accordance with the law. The right holder is the defendant and has applied for a mortgage at CCB Shenpeng Shannan Branch. Therefore, the car and house are the defendant's personal and lawful property, and he has the right to dispose of them freely. ”

"4. With regard to the plaintiff's argument that a third party disposed of the joint property without authorization, what is said is inconsistent with the facts. The defendant had sufficient grounds to believe that the $4.71 million was the personal property of a third party. In the course of the exchange, the third party mentioned many times that he had strong economic strength and opened an electronics factory. Rich in income, rich and capricious. Guarantee that the defendant spends as he pleases. The third person said that the 4.71 million yuan was entirely his personal property, and all of it was earned by him from operating the factory. The plaintiff was just a kindergarten teacher. With only a salary of more than 4,000 points a month, I can't make much money at all. Moreover, the third party stated that it and the plaintiff had an agreement on the property during the marriage, and that each earned its own money and spent its own money. Therefore, the 4.71 million yuan is entirely the personal property of the third party, which has the right to give it to the defendant. ”

"In summary, the defendant did not have any fault in his dealings with the third party, nor did it violate social morality, and the third party voluntarily donated his personal property of 4.71 million yuan to the defendant, and the gift was legal and valid, and the court was requested to reject the plaintiff's claim in accordance with the law."

Li Weijun's defense was clearly organized, summarized in points, and refuted the basis of the plaintiff's lawsuit one by one, which can be described as spicy and sophisticated.

When Li Dujun was defending, he gave people a high degree of self-confidence and skill, and his whole temperament changed, like a sword out of its sheath, radiant and radiant. As soon as he finished his defense, he leaned back in his chair relaxedly, and his face was again filled with that uninhibited smile, so obscene that people couldn't believe it, the barrister with unparalleled eloquence just now was the obscene guy in front of him?

Li Chao listened to Li Duanjun's defense with great interest, and his eyes were full of appreciation, this Li Dujun is really not simple.

Lin Shanruo kept writing, recording the main points of Li Dujun's defense, so that he could make targeted rebuttals later. Lin Shanruo finished recording, with a look of surprise in his beautiful eyes. This weirdo, who looks weird, has a very powerful mouth in the trial, as Li Chao said, this is a weirdo!

Chen Huiying listened to Li Dujun talk endlessly, saying that the defendant was as innocent as a white lotus, her eyebrows frowned, and she was quite worried in her heart, this lawyer is so powerful, he won't help Xiao San turn the tables, right?

After hearing this, Old Man Tong also sighed Chen Zan, "This mage has an iron mouth, why does he just help a bad woman speak?" ”

And Tong Yi was so said by Li Dujun that he couldn't raise his head, in Li Duanjun's description, he is the contemporary Chen Shimei, who is spurned. Tong Yi felt deeply aggrieved, and a voice shouted in his heart, "You can't bury me like this!" (To be continued)

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