"There is no evidence." The defendant's lawyer said.

This is understandable, after all, the party proposing to rescind the contract is the plaintiff, and the plaintiff needs to provide evidence to support the defendant's fraudulent behavior, and the defendant only needs to cross-examine the evidence submitted by the other party against itself to prove that it is not established.

"Previously, the plaintiff applied to this court to go to the county public security bureau to collect evidence, and this court obtained relevant case materials according to the application, and the case materials show that there was no unnatural death in the property traded by the two parties, and the scene of the murder was a small garden on the roof of the building...... "The female judge handed over the relevant evidence to the original defendant for cross-examination.

The plaintiff accepted the evidence, but according to the evidence obtained, there had been a homicide in the small garden connected to the property of the transaction, and a total of six people died, a family of five plus one murderer.

The small garden was actually used by the defendant family, and it was relatively independent, different from a public place, and was renovated from a terrace donated by the developer when the house was purchased, and should be regarded as a whole house.

Although the homicide did not occur in the house, it occurred in a small garden that was connected to it and relatively independent and used exclusively by the defendant, and the plaintiff also bought the house because of the use function of the garden, so the two could not be treated separately.

The cross-examination is complete. Fang Yi said.

After listening to the judge's words, Fang Yi's brain was thinking quickly, when he talked about the case with Li Bin before, he didn't ask whether the crime scene was indoors or in a small garden, he instinctively thought that it should be both. Now after the judge collected the evidence, it was clear that the scene of the incident was not indoors, which made Fang Yi feel very passive.

However, when he saw the floor plan of the interior and the small garden, he was struck by the fact that the two were connected and used exclusively, which meant that the small garden was reserved for the exclusive use of the original owner. From this point of view, it seems that it can be relied on as a whole, as long as it is identified as a whole, this case still has a chance.

The defendant admitted the evidence. The small garden was not included in the area of the property sold by the defendant, and the area for sale agreed in the sales contract of the stock house did not include the small garden, so the defendant did not commit fraud. The defendant's lawyer smiled and looked at the plaintiff's bench opposite, and said in his heart: Xiaoxiao, you still want to fight with me, you don't even know where the crime scene is, and you still want to win the case, so let's dream.

"Defendant, is there a connection between the small garden and the property for sale? Can it only be used by the defendant? The female judge asked: Do you know the specific situation of these two goods, it seems that you have to go to the scene to see.

"The two are connected, but the small garden is not within the sale area and does not belong to the defendant." The defendant's lawyer said.

"Plaintiff, do you have any evidence to prove that the small garden was used exclusively by the original occupants (defendants) and cannot be used by other residents?" The female judge asked.

"We have a floor plan to draw." With that, Fang Yi submitted to the judge the floor plan of the property and the small garden drawn by Zhou Hai and several photos of the passage connecting the house to the small garden.

"The defendant looked at the floor plan and the photographs." The female judge looked at the materials submitted by the plaintiff and handed them to the defendant.

"Because the house is under the control of the plaintiff, I haven't entered it, so I can't confirm it." The defendant's lawyer scratched his head.

"Let's continue the trial, and after the court, I will arrange a time to organize both parties to go to the scene to take a look, and the plaintiff's lawyer will communicate with the parties in advance, and then go to see the scene together." The female judge said.

"Okay." Fang Yi said.

……

"Now for the final submissions, the plaintiffs make the closing arguments." The female judge had already begun to clean up the case files on the desk.

Fang Yi picked up the newly revised proxy and said: "The plaintiff believes that although the scene of the murder occurred in the small garden on the roof of the building, the small garden is relatively closed and connected to the house, and it is actually used by the defendant's family.

When the plaintiff purchased the property, both the real estate agent and the defendant introduced the small garden to the plaintiff as a highlight, and the small garden has become an important consideration for the plaintiff's transaction, which is in line with daily transaction habits.

Therefore, whether there was an unnatural death in the small garden will seriously affect the transaction of the real estate in this case, and will also have a serious impact on the plaintiff's subjective feelings. The unnatural death incident in the small garden cannot be ignored just because it does not fall within the scope of the transaction between the plaintiff and the defendant, and it cannot be considered that it has no impact on the transaction of the house involved in the case.

Although the objective use of the property itself is not affected, this subjective feeling forms a certain scale and is accepted by the majority of the society, which will inevitably affect the transaction value of the house and the psychology of the buyer. Therefore, the "murderous house" is not a purely subjective feudal superstition, but on the contrary, it belongs to objective public order and good customs.

Returning to this case, according to the materials provided by the public security department, there was indeed an unnatural death incident in the small garden, and the incident occurred while the defendant and his family were living in the property involved in the case, and the defendant should have known about this situation.

According to the principle of good faith, the defendant has the obligation to inform, and the defendant should clearly inform the plaintiff of the above information when selling the property, and the plaintiff shall decide whether to purchase it or not.

However, it is a pity that the defendant did not truthfully inform the plaintiff of the relevant situation, but deliberately concealed the true situation, thereby affecting the plaintiff's correct judgment and finally making an expression contrary to its true intentions. The defendant's actions already constituted fraud.

The court is requested to make a judgment to revoke the "Stock Housing Sales Contract" signed by the two parties in accordance with the law, and safeguard the legitimate rights and interests of the plaintiff in accordance with the law.

That's it! ”

"The defendant makes a final statement." The female judge finished packing up the case file and said, "Plaintiff, submit a proxy statement to us in court." ”

……

After Fang Yi signed the trial transcript, he walked out of the courtroom and took out his mobile phone to dial Zhou Hai.

"Lawyer Fang, is the court session over?" Zhou Hai's voice came from the mobile phone.

"Well, the court is over, the last time the case between you and Li Yue'e was decided, Li Yue'e's appeal was rejected, I don't know if she will appeal.

Today, the trial procedures of this case are all completed, and the judge will go to the scene on Friday to take a look, and you will arrange the time, and the judge needs you to be present to see the scene.

In addition, judging from the evidence collected by the court in today's trial, the scene of the murder is not indoors, but in a small garden, should you consider ......?"

Before Fang Yi's words were finished, he heard Zhou Hai hurriedly say: "Don't think about it, definitely don't think about it, that small garden is connected to the house, and it is for their family's exclusive use, just like our rural yard." What's the difference between killing people in the yard and killing people in the house, I don't dare to live anymore. ”