Li Dujun leaned forward, looked at Tong Yi playfully, and said, "Third person, what is the purpose of your chat with the defendant?" ”

Tong Yi's face was embarrassed, and he said: "There is no purpose, just to get to know each other." ”

Li Dujun smiled playfully and asked, "Since you don't have any purpose, why did you ask the defendant to go to the hotel to open a room a week later?" ”

Tong Yi was depressed and said angrily: "I ...... I'm ......", stammered for a long time and said angrily, "I asked her out, and she was willing to come, no wonder me." ”

Li Dujun stared at Tong Yi and asked again: "When you and the defendant first chatted, did you use the pseudonym Lin Feng, and did you say that you have been divorced for more than a year?" ”

Tong Yi was stared at uncomfortably by Li Duanjun, and moved to say: "It's normal to use a pseudonym for the first time chatting on the Internet. But then I quickly confessed to the defendant, telling me my real name and the fact that I was married. ”

Li Dujun smiled and asked again, "Third person, have you ever told the defendant that you are very rich and want the defendant to follow you to live a good life?" ”

Tong Yi blushed and hurriedly argued: "That's me just showing off in front of the defendant, I can't take it seriously." ”

Li Dujun suddenly raised his voice and asked: "Then did you say that you have money, as long as the defendant divorces her ex-husband, you will marry her and give her money to buy a house and a car?" ”

Tong Yi couldn't sit still, twisted around in his seat, and said: "That's just me bragging, deliberately showing myself in front of the defendant, now I think it's ridiculous." ”

Li Duanjun's eyes were cold, and then he asked: "When you transferred the money, did you voluntarily give 4.71 million yuan to the defendant?" Do you say that the 4.71 million yuan is your personal property, and you will give it to the defendant to ask for a divorce, and give the defendant 4.71 million yuan as a guarantee for his divorce? ”

This question contains evil intentions. Tong Yi hurriedly shook his head and said loudly: "At that time, it was the defendant who wanted me to divorce my wife, and made a plan to transfer all my property to her name. 4.71 million yuan was transferred to the defendant. I didn't say that the 4.71 million yuan was given to the defendant as a guarantee for divorce. ”

Tong Yi was already restless by Li Duanjun's question, a sneer flashed in Li Duanjun's eyes, and he asked Chen Huiying instead, "Plaintiff, when did you know that the third party transferred 4.71 million yuan to the defendant?" ”

Chen Huiying put her hands on the table and replied sadly: "I didn't know the relationship between the third party and the defendant before. It's just that since March last year, the third person has always said that he wants to divorce me, and I didn't suspect anything at that time. By the end of last year, when I saw the stock market rise sharply, I asked a third person how much the stock we bought had risen now. ”

"The third person uncharacteristically refused to open the account for me to see. This aroused my suspicions. Later, I logged into my account and found out that the third person had sold the shares as early as March. When I asked him where the money from selling the stock had gone, he replied that it was in someone else's name, and I was very angry. Then I went to the bank to check and found out that he had transferred the money to the defendant's account. Chen Huiying recounted what happened with tears.

Li Dujun then asked: "Whose money is it to buy stocks?" ”

Chen Huiying wiped away her tears and immediately replied, "Of course, it's the money of the two of us." We have worked hard in Shenpeng for nearly 20 years, and all the money we have earned is in it. ”

Li Dujun got the answer he wanted. He nodded and said, "Presiding Judge, I'm done asking questions." ”

"Okay, this court will investigate a few additional questions. Please answer truthfully! ”

The three parties all said yes, and the presiding judge asked: "Defendant, when the plaintiff transferred 4.71 million yuan to your account, did you divorce your ex-husband?" ”

The defendant Yu Keer shook his head and replied in a low voice, "No." ”

"The third person, you sold stocks and transferred 4.71 million yuan. Did you inform your wife, the plaintiff in this case? ”

Tong Yi also shook his head and replied no.

"Then why did you transfer 4.71 million yuan to someone else's wife alone?"

The sweat on Tong Yi's forehead came down, "I." I ......", and didn't say a word for a long time.

The presiding judge said majestically: "The third person." Answer truthfully. ”

"At that time, I wanted to transfer my property, and then divorce my wife and let my wife leave the house." After Tong Yi finished speaking, he immediately lowered his head, not daring to look at Chen Huiying's resentful eyes.

The presiding judge looked at the defendant again and asked, "Defendant, you and your ex-husband were not divorced at that time, why did you accept the 4.71 million yuan transferred to your name by a third party?" ”

Yu Ke'er straightened her chest and replied confidently: "He voluntarily gave it to me, of course I can accept it." ”

The presiding judge announced: "After the statements and defenses of all parties, as well as the presentation and cross-examination of evidence, the facts of the case have been basically clear, and the fact that the third party transferred 4.71 million yuan of the joint property of the husband and wife to the defendant's account is confirmed by this court in court. ”

"At the end of the court investigation, according to the court investigation, the remaining focus of the dispute in this case is: whether the transfer of 4.71 million yuan of the joint property of the husband and wife by a third party to the defendant is legal and valid. Now that we have entered the court debate stage, we invite both parties to express their argumentative opinions on the focus of the dispute in this case. ”

Li Chao and Lin Shanruo glanced at each other, Lin Shanruo gave Li Chao an encouraging look, Li Chao nodded understandingly, and then said sonorously: "Dear presiding judge, we believe that the third party privately transferred 4.71 million yuan of the joint property of the husband and wife to the defendant, which violated the plaintiff's property rights and right to know, and also violated public order and good customs, and has the nature of malicious transfer of property, which should be found invalid." The specific reasons are as follows. ”

"First, the money involved in the case is the joint property of the husband and wife, and the third party has no right to dispose of it unilaterally. The amount involved in the case of 4.71 million yuan is the price of the stock purchased by the plaintiff and the third party with all their savings, and should be the joint property of the husband and wife in accordance with the provisions of the Marriage Law. The defendant stated that the money involved in the case was the personal property of a third party, and there was no evidence to substantiate it. ”

"With regard to the disposition of the joint property of the husband and wife, in accordance with the provisions of Article 17, Paragraph 2 of the Interpretation (1) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, the husband or wife shall negotiate on an equal footing and reach a consensus on the disposition of the joint property of the husband and wife unless the needs of daily life make an important disposition of the joint property of the husband and wife. In this case, the third party secretly transferred 4.71 million yuan of the joint property of the husband and wife to the woman with whom he had an improper relationship without concealing his wife, who is the plaintiff in this case, which violated the provisions of the interpretation and should be found invalid. ”

"In addition. The plaintiff and the third party were legally husband and wife. The joint property of 4.71 million yuan is a joint ownership relationship, not a joint ownership of shares. In accordance with Article 97 of the Property Law of the People's Republic of China, the disposition of the jointly owned immovable or movable property and the heavy repair of the jointly owned immovable or movable property shall be subject to the consent of the co-owners or all the co-owners accounting for more than two-thirds of the shares. In this case, the third party donated 4.71 million yuan to the defendant without the consent of the co-co-owner Chen Huiying. Of course not. ”

"Therefore, judging from the judicial interpretation of the Marriage Law and the provisions of the Property Law, the gift infringes on the plaintiff's legitimate property rights and right to know, and should be found to be invalid."

"The second is that the third party donated 4.71 million yuan to the defendant, which violated public order and good customs. From the investigation of this case, it is clear that the defendant is a married woman who has not yet dissolved her marriage with her ex-husband. Having an improper relationship with a third person who has a married man. After the relationship, the defendant repeatedly instigated the third party to divorce the plaintiff so that the two of them could unite and form a new family, and the defendant deliberately undermined the plaintiff's family and the relationship between the husband and wife. ”

Moreover, the defendant is still married. The act of accepting money secretly transferred by a third party does not constitute bona fide acquisition, but is contrary to public order and good customs, and is a condemned act of marital infidelity. For this kind of behavior, it should be found to be a communication jian. Although it is not a crime in our country, it is also an immoral act that is spurned by others. In the process of communication, the transfer of property by a third party to a lover is naturally not protected by law. This so-called gift is, of course, invalid. ”

"The third is that the third party gave the defendant 4.71 million yuan without permission, and there is malicious intent in deliberately transferring property. In March last year, the third person maintained contact with the defendant. The two conspired to divorce their spouses and then register their marriages. The third party also carried out the act and forced the plaintiff to divorce him several times. The third party conspired with the defendant to transfer the joint property of the third party and the plaintiff, so that in the event of divorce, the plaintiff would not be able to share the property. You can only leave the house. For this purpose, the third party carried out the so-called gift of 4.71 million yuan to the defendant. We can see the essence of this behavior. It is the transfer of the joint property of the husband and wife to the detriment of the plaintiff's interests. Therefore. In accordance with the spirit of the relevant legal provisions, the transfer of the joint property of the husband and wife shall also be deemed invalid. ”

Fourth, judging from the trial of this case, the defendant himself is also weak-minded and knows that his behavior is immoral, and the law will not support and protect it. On January 20 this year, the defendant invited a third person to fly to Xiamen for a vacation, but was stopped by the plaintiff before boarding the plane, and the plaintiff and the third person had a violent quarrel at the airport. After watching from the sidelines, the defendant immediately took emergency measures to transfer the property, withdrew all the money from his bank, and raced against time to transfer the purchased BMW 640 to others one second before the court froze it. ”

"From the defendant's malicious transfer of his own property, it can also be seen that he was weak in heart and knew that he would be returned if he took the 4.71 million yuan transferred by a third party illegally, so he deliberately transferred his own property and refused to perform the obligation to return it. In this regard, we demand that the defendant be severely punished for this malicious transfer of property and evasion of obligations. ”

"To sum up, we believe that the third party's private donation of 4.71 million yuan of the joint property of the husband and wife to the defendant violates morality, violates the law, infringes on the legitimate rights and interests of the plaintiff, maliciously encroaches on the property of others, and corrupts the overall social atmosphere, which is of course invalid, and requests the court to support all the plaintiff's claims!"

With invincible domineering, Li Chao finished the debate in one breath, and said it in a reasonable, clear, and convincing manner.

Lin Shanruo gave Li Chao a thumbs up, Li Chao's expression was fantastic, the debate opinions were interlocking, layer by layer, fully exposing the essence of the relationship between the third party and the defendant in this case, and the ugliness behind the so-called "gift" made people feel shocked.

After Chen Huiying listened, tears couldn't stop flowing again, Li Chao's debate opinions really went to her heart, and expressed all the meaning of what she wanted to say or not.

Old Man Tong also nodded again and again, and sighed: "Master Li, it's really amazing!" It makes a lot of sense when you hear it! Tong Yi lowered his head, he was a scumbag who was criticized today, and he felt very faceless.

And Yu Keer was already on pins and needles, she was firmly criticized by Li Chao, and Li Chao had completely exposed the appearance of her white lotus. Yu Keer feels bad, the truth and the law are not on her side, and I am afraid that she will lose this lawsuit.

Yu Keer looked at Li Dujun for help, and said in a low voice: "Duanjun, what should I do, this lawsuit looks like I'm going to lose!" ”

Li Dujun smiled confidently, "You can't lose, just watch!" (To be continued)

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