Chapter 119: Giving Evidence to Each Other

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Lin Shanruo's beautiful eyes glanced at everyone, raised the list of evidence in his hand, cleared his voice with strong confidence, and began to speak: "We submitted a total of four sets of evidence, 1. Marriage certificate, which proves that the plaintiff and the third party were married on November 2, 1996 and have a legal husband and wife relationship. ”

"2. The list of stock transactions proves that the third party sold the 300216 shares on March 12, year x and obtained a price of 4718327 yuan, which is the joint property of the husband and wife."

"3. The bank remittance voucher proves that the third party privately transferred 4.71 million yuan to the defendant from the sale of the joint property of the husband and wife, of which 2 million yuan was remitted on March 12, 2.2 million yuan, and 510,000 yuan on March 16, x."

"4. ** chat records, proving that the defendant had an extramarital affair with a third party, the defendant knew about the fact that the third party was married, the defendant forced the third party to divorce the plaintiff, and in order to avoid dividing the property, the third party and the defendant conspired to transfer the property, and the third party privately transferred the 4.71 million yuan of the joint property of the husband and wife shared with the plaintiff to the defendant's account for buying a house and a car, so that the two could form a new family."

Lin Shanruo explained the proof content of each piece of evidence in a clear and clear way. The evidence forms a chain to fully prove the illegal transfer of property between the third party and the defendant. Chen Huiying and Old Man Tong nodded when they heard this, and Li Chao also smiled at the senior sister's capable and handsome appearance.

The judge said: "The defendant and the third person will be cross-examined in turn. ”

The bailiff on duty showed the evidence submitted by Lin Shanruo to Li Dujun for inspection, Li Dujun sat up straight, and after looking at the evidence in a group, he calmly expressed his cross-examination opinions: "There is no objection to the authenticity of the first group of evidence provided by the plaintiff. But now the defendant Yu Keer saw the original wedding photo, and on October 9, X, the third person showed Yu Keer the divorce agreement, and the defendant and the third party did not know that the third party was married when they fell in love. ”

"There is no objection to the authenticity of the second set of evidence, but there is an objection to the relevance. It could not be proved that the share transfer proceeds were the joint property of the plaintiff and the third party. ”

"There is no objection to the authenticity of the third group of evidence, but the money has been used to buy a house and a car, and the defendant himself paid 557896 yuan to pay the mortgage for the purchase of the house."

"There is no objection to the authenticity of the fourth set of evidence, but the chat record just confirms that the third person said that he was single, and the third party contacted the defendant to conceal the fact that he was married, and confirmed from the third person's chat language that the relationship between the two parties gradually deepened. The third party took the initiative to divorce the plaintiff and marry the defendant, and the money involved in the case was voluntarily donated by the third party to the defendant in preparation for living together in the future. ”

Li Weijun denied these evidences in a few words and did not admit it. Hearing this, Chen Huiying was indignant and said angrily: "Damn." Open your eyes and tell nonsense. ”

Seeing that all the evidence of his daughter-in-law was rejected, the old man also said angrily: "People nowadays are not honest at all. ”

Li Chao comforted the two of them and said, "It's okay, it's not that the defendant doesn't recognize it, and the evidence is invalid." The validity of the evidence is left to the judge to decide whether to admit it or not. Li Chao's explanation quieted down the angry two.

The evidence was then handed over to Tong Yi by the bailiff on duty, and the third person, Tong Yi, was cross-examined.

The old man hurriedly said, "Your Excellency, this evidence. We have no opinion. To be honest, to speak of conscience, to admit that it is true. There's no point in lying and talking......"

The judge nodded, interrupted the old man's words, and said, "Okay, the third person's meaning has been understood by this court. It is up to the defendant to present the evidence below. ”

Li Dujun looked at Li Chao and smiled proudly, he had instructed the defendant to collect sufficient evidence before the trial, and now it was time to fight back. Li Dujun was immediately full of confidence and said loudly: "I will submit seven sets of evidence to the court.

1. October 2-October 9** Chat history 19 pages. It was confirmed that the third person, whose pseudonym was Lin Feng, falsely claimed that he had been divorced for more than 1 year. Request to meet with the accused.

2. Chat log, October 10, page 20. The third person expressed his infatuation with the defendant and asked the defendant to go for a divorce.

3. The divorce agreement between the defendant and the ex-husband proves that the defendant went through the divorce formalities only after the defendant had contact with a third party.

4. In the ** chat record on March 12, X, the third party said to the defendant that "all my qiē is yours" and "all the money is my personal and has nothing to do with the surname Chen", all of which show that the third party's payment to the defendant is a gift, and the defendant has sufficient reason to believe that the property donated by the third party is his personal property.

5. The commercial housing sales contract, down payment procedures and bank mortgage repayment details prove that the buyer of the house and the down payment payer are the defendant, and the defendant has repaid the bank mortgage of 557896 yuan for a total of 11 months from March X to January this year.

6. The recording of the defendant's phone call with a third party on January 20 this year proves that the third party promised the defendant to divorce the plaintiff on its own.

7. The recording of the phone call between the defendant and the third party on January 22 this year proves that the third party said that the previous house was donated to the defendant, and now the divorce cannot be carried out so it is necessary to return, and we believe that the gift has been fulfilled and the donor has no right to ask for return. ”

Li Dujun obviously came prepared, and the evidence submitted was full and detailed, directly pointing to Tong Yi's fault and proving his innocence, washing the defendant into a white lotus, without any fault.

"The plaintiff and the third party express their cross-examination opinions."

After looking at the evidence, Lin Shanruo forcefully expressed his cross-examination opinions, "The authenticity and legitimacy of evidence 1 and 2 cannot be confirmed, and the content of the proof is exactly the opposite of what the defendant said, these two pieces of evidence fully show that the defendant's interaction with the third party is illegal and immoral, when the two interact, the defendant and his ex-husband have not yet divorced, the plaintiff and the third party are also husband and wife, and the defendant and the third party both cheated during the marriage." This behavior is immoral and illegal, and both are at fault. ”

"There is no objection to the authenticity and legitimacy of evidence 3, and the content of the evidence just shows the consequences of infidelity in marriage, and the defendant divorced her ex-husband. It is precisely because the defendant had an improper relationship with a third party that he broke up the family on his own, and this relationship between the defendant and the third party should be condemned. The plaintiff's lawful rights and interests should be protected for the property damage caused by the improper relationship. ”

"For Exhibit 4, the authenticity and legitimacy cannot be confirmed, and there are objections to the relevance, even if it is a real chat record. Nor can it be counted as personal property on the basis that a third party claims to be his personal property, and it cannot be proved that the property is the personal property of a third party. ”

"There is no objection to the authenticity of Exhibit 5, but it should be stated that the down payment was paid by the defendant with 3 million yuan of the transferred 4.71 million yuan, and the mortgage loan was also paid with the amount of 4.71 million yuan."

"The authenticity and legitimacy of Exhibit 6 cannot be confirmed. The relevance is disputed, and this evidence strongly proves that one of the consequences of the defendant's improper relationship with the third party is that the relationship between the plaintiff and the third party fluctuates, and the third party intends to urge the third party to divorce the plaintiff, which is an immoral and shameful act. ”

"On Evidence 7. The authenticity and legitimacy could not be confirmed, and this evidence also showed that the defendant purchased the house with the transfer of 4.71 million yuan to pay for the house, and the defendant conspired with a third party to transfer the property, infringing the plaintiff's right to know and dispose of the property. ”

Lin Shanruo skillfully denied the evidence provided by Li Weijun, overturned the content of his evidence one by one, and even skillfully used this evidence to prove his own point. Chen Huiying was in high spirits when she heard this, and Old Man Tong also nodded in approval.

"The three parties questioned each other."

Li Chao had already prepared the question after hearing the presiding judge's announcement. Li Chao immediately asked Yu Keer. "Defendant Yu Keer, on October 2, year x, you chatted with the plaintiff on **. Were you divorced at that time? ”

Yu Ke'er hesitated and said in a low voice, "No." ”

Li Chao then asked, "On October 9, year x, you and a third person went to the hotel to open a room and had a relationship, were you divorced at that time?" ”

Yu Ke'er's face turned a little pale and shook her head in embarrassment.

Li Chao turned to the third person, Tong Yi, and asked, "March 12, year x." Why did you sell stocks? ”

Tong Yi replied: "At that time, the defendant forced me to divorce the plaintiff and sued me for transferring property. I don't have to divide my property among the plaintiffs in the event of a divorce. I took her word for it and sold the stock. ”

Li Chao nodded. Then he asked, "What is the purpose for you to transfer the money to the defendant's account without permission?" ”

Tong Yi lowered his head, his face was bitter, and replied shyly: "I...... At that time, I was bent on divorcing the plaintiff, so in order to give the plaintiff less money, I secretly transferred the property and transferred the money to the defendant, so that the defendant and I could start a new home. ”

Hearing Tong Yi's answer, Li Chao smiled with satisfaction, and then asked Yu Keer, "Defendant Yu Keer, the money was transferred to the account, why did you go to buy a house and a car?" ”

Yu Keer glared at Tong Yi and said angrily: "He said that he wanted to live a new life with me, and I bought a house and a car for a new life in the future." ”

It was the answer he wanted again, Li Chao excitedly continued to ask: "The total cost of buying a house and a car is 3.83 million yuan, and the remaining 880,000 yuan out of 4.71 million yuan, where do you use it?" ”

"Part of it was a mortgage loan, and part of it was a loss in my business."

"On January 20, the day the plaintiff prevented you and the third party from going to Xiamen, why did you transfer the ownership of the car to someone else?"

"I partnered with others to do business and engage in engineering, and I lost my capital, so I used the car to offset the debt."

Li Chao smiled slightly and asked loudly, "Is there any relevant evidence?" ”

Yu Keer hesitated and did not answer, and Li Dujun responded with a smile: "This question is not related to this case, and we will not answer it." ”

Li Chao glanced at Li Dujun lightly, and then asked: "On January 20th, you were going to go to Xiamen with a third person, why didn't you go to Chengxiamen, and you hurriedly transferred the car?" Why did you choose to transfer the car on January 20th? ”

Li Dujun quietly glanced at him, and Yu Keer immediately replied unreasonably: "I happened to be free that day, and others were very busy collecting debts, so I went to transfer the account, you have to take care of it?" ”

Li Chao's series of questions made Yu Keer overwhelmed, and Yu Keer felt that the answers were not good, and finally Yu Keer couldn't help but get angry.

And Chen Huiying's side heard Li Chao's sharp words, and Yu Keer was hesitant to ask, but she didn't dare to answer loudly, and her spirits were shaking. For a time, the plaintiff's side had the upper hand.

All the questions that should be asked have been asked, and some questions Li Chao set a trap, and Yu Keer had nothing to deny and jumped into the trap. Li Chao glanced at Lin Shanruo inquiringly, Lin Shanruo nodded, indicating that there was nothing to add.

Li Chao said to the presiding judge: "Our question is finished. ”

The presiding judge said to Li Dujun and them: "The defendant began to question the plaintiff and the third person? ”

Li Dujun's wise eyes were shining with excitement, and it was finally his turn to ask! (To be continued) R640