Zhao Yan came out to testify that the house was built by Zhang Lingling. The judge asked, "How do you know that the house was built by Zhang Lingling?" ”

"Because she told me when she built the house. Half of the homestead on the east side of that courtyard is mine, and I only allow my daughter Zhang Lingling to build a house. I won't let Zhang Xu use my homestead. After Zhang Lingling told me, I agreed to let her build it, and then she discussed it with her father Zhang Xu, and Zhang Xu also agreed to let her build a house on her homestead. I Yan said.

"When did you and Zhang Xu get divorced?"

"2012."

"After the divorce, do you still live in Zhang Xu's house?"

"No, I haven't been to that yard once since the divorce."

"And where do you live now?"

"I live in ** village?"

"Have you never remarried?"

"Married, then divorced."

"Did you pay for this house when you built it?"

"I didn't contribute anything, it was all my daughter's own contribution."

"Are you sure you didn't contribute at all?"

"Sure."

"Then you don't claim a share of this house?"

"I don't advocate it, because it is all funded by my daughter Zhang Lingling, so the house is only owned by her."

"Do you want this house to belong to your daughter alone, but if it doesn't go as you wish, you don't claim that you have a share?"

"Yes, no."

After asking Zhao Yan, the judge asked Zhang Xu's lawyer again: "Has Zhang Xu's mother, that is, Zhang Lingling's grandmother, contributed to this house?" ”

"She didn't make a contribution, it was my client Zhang Lingling who contributed it alone." Zhang Lingling's lawyer insisted that this house belonged to Zhang Lingling, and there was no one person's share.

At this time, the judge asked again: "The bank withdrawal slip presented by Ji Wenli said that Zhang Xu took their joint deposit of 40,000 yuan and used it to build a house, do you approve it?" ”

"No, this money was not used to build a house." Lawyer Zhang Xu said. This young man can really say anything and do anything in order to win the lawsuit.

"Do you approve the housing application provided by Ji Wenli?" The judge asked again.

"I don't recognize it, what she provided is a copy and not an original, I think this copy is a forgery, I have the original." He said. "What's more, because Zhang Lingling is not a resident of the village, the house she built cannot obtain the corresponding real estate certificate. A house that has not been acquired cannot be divided. Therefore, I ask that the five main houses built by Zhang Lingling cannot be divided yet, and I can only make another claim when the real estate certificate comes down. Now this house is still illegal because there are no formal procedures. ”

I never thought that Zhang Xu's lawyer would come to this hand, so I was in a hurry and hurriedly said: "This house has been approved by the town justice, and there are formal procedures, how can it be an illegal construction?" ”

Hearing what I said, the judge said to me, "I haven't asked you yet, don't speak, I'll let you say it later." "After listening to the judge, I stopped talking.

The judge also said to Zhang Xu's lawyer: "The CD provided by Ji Wenli mentioned the matter of building a house, and Zhang Xu made it clear that he used all the money to build a house, and now he has no money in his hand." Do you accept this evidence? ”

"I don't recognize it, I also heard that disc, it wasn't Zhang Xu's voice, it was fake."

"And do you ask for a voice identification?"

"I don't recognize that the voice is Zhang Xu's, but I also don't ask for voice identification." Zhang Xu's lawyer said.

In other words, Zhang Xu's lawyer denied all the evidence I submitted. When I heard this, I was anxious and angry.

At this time, the judge asked my attorney, Lawyer Gu, "Do you accept the application submitted by Zhang Lingling to build a house?" ”

"I don't think so. Although the application for building a house provided by the defendant was an original, it was not filed with the local government and should have been forged. In addition, Ji Wenli and Zhang Xu are both villagers in this courtyard and belong to the actual user of the homestead. Therefore, Zhang Xu and Ji Wenli have the right to build residences or ancillary facilities on the homestead. And Zhang Lingling is a town resident, and she has no right to build a house in this courtyard. As for Zhang Xu's mother, she is not a resident of this homestead and has no contribution, so of course she does not have her share. Moreover, the approval procedures for the new house were also applied for by Zhang Xu, so the actual builders should be Zhang Xu and Ji Wenli.

Second, although Zhang Lingling submitted a "Housing Construction Agreement", which showed in writing that she had signed the housing agreement with the contractor and that she had paid the contract fee, she was not a member of the village's collective economic organization, so she had no right to build a house in the village, and if the newly built houses belonged to her, this would seriously infringe on the village's collective economy and the interests of all villagers. The "Collective Land Construction Land Use Certificate" shows that the user is Zhang Xu, so Zhang Lingling is not a qualified subject in the above-mentioned housing construction agreement, but Zhang Xu and Ji Wenli are the main body of the house, and the five Nanzheng houses involved in the lawsuit belong to Ji Wenli and Zhang Xu.

Thirdly, in the process of divorce proceedings between Zhang Xu and Ji Wenli, Ji Wenli and Zhang Xu reached a consensus on the debt: Zhang Xu borrowed 75,000 yuan from his sister Zhang Qing to build a house and Zhang Xu was responsible for repaying it (in fact, Zhang Xu did not borrow money from his grandmother, but he deposited the income in his sister's hands in order to avoid his ex-wife's debt collection, and when building the house, his sister took it out again), and the 20,000 yuan that Ji Wenli borrowed from Liu Xiaobo was repaid by Ji Wenli. Lawyer Gu said all the reasons in one breath. I can't help but admire.

"Do you agree with Zhao Yan's testimony?"

"I agree with her testimony, but I don't agree with the purpose she is trying to prove. Zhao Yan said that when she and Zhang Xu divorced, half of the homestead was given to her, which was illegal. Zhang Xu only has the right to use the homestead, and does not have the right to divide the homestead, so their divorce agreement is invalid. In addition, the agreement signed by Zhang Xu and Zhang Lingling's father and daughter is also invalid, and none of them has the right to give the homestead to Zhang Lingling, who is not a villager in the village, to build a house. ”

After Zhang Xu's lawyer and lawyer Gu had finished speaking, the judge spoke. She said to Zhang Xu's lawyer: "Zhang Lingling and Ji Wenli each provided a housing application, and in order to distinguish the authenticity from the fake, at the request of the plaintiff, I went to the town government" The construction department went to obtain the housing application - we are obliged to collect evidence. At that time, the staff of the construction department proved that the application was indeed written by Zhang Xu himself. At that time, after Ji Wenli transferred the copy, within a few days, Zhang Xu took the original away. The staff said: Because the house has been built, and she came to get the original of the application, she took it for Zhang Xu——"

When he said this, Lawyer Gu lost no time in adding: "Zhang Xu is destroying evidence." ”

At this time, the judge continued: "So we have not been able to obtain the original copy of Zhang Xu's application to build a house. There is also the housing subsidy that Ji Wenli asked us to receive. The staff said that because the house built by Zhang Xu did not belong to the renovation of dilapidated houses, there was no subsidy. After saying this, the judge asked Zhang Xu's lawyer again: "Do you agree with what we said?" ”

"Since it was obtained by the judge, of course I approve of it." Zhang Xu's lawyer said.

"Do you have anything else to add?" The judge asked us.

At this time, Zhang Lingling's mother, Zhao Yan, said: "I just hope that the law can give me a fair verdict." ”

The judge asked me again, "Do you have anything to say?" ”

"I also hope that the court will judge impartially."