Chapter 41 Resolute and resolute
CHAPTER XLIV
Li Yanan was recently busy with a dispute over a commercial housing sales contract.
He is the plaintiff.
The plaintiff's client signed a contract with the defendant for the sale and purchase of commercial housing, and subscribed for a set of shops in a project located in Jiang, City A developed by the defendant, and after the contract was signed, the plaintiff's client paid all the price in a lump sum in accordance with the provisions of the contract.
Later, due to the problem of the road outside the shop, the two parties reached an agreement, the defendant paid financial compensation, and the defendant promised that the road would be put into use normally before the start of this year.
As a result, most of the days have passed this year, and the road has not been repaired, which has seriously affected the use value of the commodity shop and caused certain economic losses to the plaintiff's client, so the plaintiff's client requested to terminate the sales contract.
Tomorrow there will be a trial.
As soon as Jian noticed his abnormality, judging from the analysis of the case, this lawsuit was not difficult, why did he seem so anxious?
"Brother Yan'an, what's wrong with you? I don't feel like you're having a good time at this time. Jian Yi was a little worried.
He dissociated himself from the logical order of the case while processing the evidence, and at the same time responded to her, "My opponent this time is very strong, I met him once before, and the result was that I lost. ”
After finishing speaking, I buried my head in the relevant documents, and I had to memorize the contents of them thoroughly.
Jian Yi crushed the table with his thumb and gave him an atmosphere, "Brother Yan'an, I believe in your strength, you can definitely press the opponent to the ground and rub it, and teach him to be a man in minutes." ”
"That's right." Li Yan'an catered to her, and her mood suddenly brightened.
"Do you want to go to the trial tomorrow?" He asked.
"Go, of course. Recently, there has been a lack of material and inspiration. ”
Early in the morning of the second day, Li Yan'an had everything to do, so she left first, and she sent a text message to Jian Yi, who was still asleep, telling her that the time of the trial was half past ten in the morning, and she should not be late.
The sky was foggy, and everything in the distance was not very clear.
Li Yan was restless, and he had a bad premonition lingering in his heart, and he always felt that something bad was going to happen today.
Jian got up at 10 o'clock at 8 o'clock, picked up her mobile phone to read the message he sent, and then knew that Li Yan'an would go out at 6 o'clock.
Alas, the lawyer is busy!
It took twenty winds to quickly wash and dress up, and hurried out the door. The process of the trial was serious, and she could not be late.
The location of the house is good, and Jane easily hailed a taxi with a long move.
As soon as Jane sat in the car, the towering buildings in the distance were half on the ground and half in the clouds. The whole city was shrouded in a cloudy white mist.
Suddenly, a group of young men in uniform broke into view, and Jane glanced at Milai and clearly saw Milai in the crowd.
Her ears were full of studs again, her hair had turned back to her original bright red, her eyes with thick black eyeliner were charming, and her flaming red lips were seductive.
Jane was stunned, thinking that she was still her through the dazzle, wiped her eyes, and then looked carefully.
"Master, park. I'm going to get off here. ”
She secretly followed behind the group of young people in strange costumes, and they walked into a bar, and Jian Yi followed.
A group of people, led by Milley, enter the dark field and make peace with a group led by an evil-looking man.
Milai and the evil man said something, the body got closer and closer, the eyes became more and more ambiguous, and suddenly, the two kissed in front of everyone who was so flamboyant and wild.
Everyone is watching, and there is no shame.
Jian Yi's heart was surging with blood, and her head rushed in as soon as her head was hot.
"Milley." She shouted at Milley, her voice sharp and thin, overshadowing everyone.
Everyone looked at him in unison.
Jian Yi didn't know where he got the courage, but he dared to walk over and yell at Milai in front of all the bad young people. "How embarrassed are you, how embarrassed are you to talk to other men."
Brother Yan An's brother has already faked a marriage with herself for the sake of being with her, and she still does it. Is she worthy of Brother Yan'an?
Milley smiled seductively and charmingly, and his expression was indifferent, "I'm so embarrassed." I'm so embarrassed to kiss my boyfriend. ”
"What do you think of Brother Yan'an?" Jane went crazy and yelled at her even louder.
The evil man saw that Jian Yi was not pleasing to his eyes, and rushed up to slap Jian Yi one by one, but was stopped by Milai.
The corners of Milai's mouth sneered, and his electric eyes were contemptuous, "What am I to be Li Yan'an?" Worn shoes, unwanted clothes, that's all. Do you have anything to disagree with? ”
"I'm telling you, Jane One. I didn't do anything to be sorry for your brother Yan'an, I broke up with him a long time ago. The day I went to your house to look for him, we broke up. ”
What the? Jane's eyes widened.
The judge sits and announces the discipline of the court.
Li Yan looked at the direction of the door with peace of mind, but Jian Yi still did not appear.
Forensic investigations.
Judge: "Please state the plaintiff's claims." ”
Li Yan'an, "Honorable presiding judge, judge, now I will make the plaintiff's statement. In the case of the commercial housing sales contract of a limited company, our litigation claims are as follows: 1. The commercial housing sales contract signed by the plaintiff and the defendant is based on commercial use; The defendant's act of not building the road outside the store has constituted a breach of contract; 3. The defendant's failure to perform the agreement constituted another breach of contract; 4. The defendant's breach of contract caused the plaintiff to be unable to achieve the purpose of the contract. ”
"In accordance with the Contract Law, Article 94, Paragraph 4, we claim to terminate the contract. According to Article 97 of the Contract Law, after the contract is terminated, the plaintiff has the right to demand that the defendant return the purchase price already paid and claim compensation from the defendant for the corresponding losses. ”
"The plaintiff hereby files a lawsuit with your court and earnestly requests your court to grant a judgment as requested. Thank you. ”
After Li Yan'an finished talking about the lawsuit, he received a hostile look from the other side.
That man is the strongest opponent he has encountered in his work so far, he has the same confidence and calmness as or even better than himself, and the vigorous and resolute methods in the court have already left a deep imprint on his heart.
He is Li Yan'an's biggest opponent, and he is also the only object that Li Yanan wants to learn and surpass.
He made a statement that was concise and to the point, and there was nothing missing in his words.
"Dear collegial panel, in the case of the plaintiff suing the defendant over a dispute over a commercial housing sales contract, the defendant did not agree to all of the plaintiff's claims. The defense is as follows: First, the contract should not be terminated, and neither the agreed termination conditions nor the statutory termination conditions have been fulfilled, and according to the interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts, the plaintiff obtained the ownership of the house, and the purpose of the contract involved in the case was achieved. ”
"The plaintiff's claims are unsubstantiated and lack legal basis."
"Dear collegial court, the above is the defendant's preliminary defense."
When you buy a house, you buy this house, and when you buy the house, the purpose of the contract is achieved.
In this link, the two were tied.
Presentation of evidence, cross-examination.
The plaintiff and defendant present evidence based on their own arguments and claims, and question, explain and refute the authenticity, relevance, reasonableness and strength of the evidence presented by the other party.
Li Yanan provided evidence of business brochures and photographs of the scene, and on page 25 of the evidence presented, it was stated that the development as a whole was 80,000 square kilometers and stood around the lake. The out-of-print business district is comparable to the whole country, and the shopping malls are concentrated, which strongly drives the commercial value, which is on page 26 of the evidence materials.
According to the photos at the scene, the road in front of the shop has not been repaired, resulting in the traffic of the business district being unable to enter the shop. From the perspective of leasing and self-management, the current road situation does not have the conditions for commercial use. ”
"The defendant's act of not building the road is a breach of contract. Evidence is complete"
The defendant challenged the plaintiff's evidence, "The defendant questioned the relevance of the plaintiff's house sale contract and business manual. ”
"The commercial brochure provided by the plaintiff and the advertising pictures only represent the design intent of the developer, and the renderings only represent the promotional pictures. This should be regarded as an invitation to make an offer and should not be regarded as an offer determination. ”
The invitation to make an offer does not count, and this is the biggest defence.
Even so, Li Yanan is still calm, the invitation to offer is the biggest dead end in this case, he is sure, in addition to this, he will definitely win the defendant in other places.