In the process of discussing cases, in addition to the legal provisions, the exchange of industry information is also necessary, because the law does not exist in isolation, and each case has its own particularities and may have industry characteristics.

If a lawyer can name the unspoken rules or industry conditions of the industry involved in some cases, the client will feel that the lawyer he is looking for not only understands the law, but also understands the industry, and it is easier for the client and the lawyer to establish a relationship of trust.

If the lawyer does not understand the industry involved in the client's case at all, one says the front door building, the other says the hip shaft, the chicken talks about the duck, and the frequency is not the same, the case will not be able to be won nine times out of ten.

Of course, there are exceptions, that is, lawyers are particularly able to fool, or they don't talk about the industry, this kind of lawyer definitely exists, and Zhao Zhongzhong is. But the parties are not stupid, after being fooled into signing the principal-agent contract on the spot, there are many things that regret not paying afterwards.

"Lawyer Fang, your speculation is correct, the mortgage documents taken out by the other party in the first instance prove that the developer has mortgaged the parking space to the bank a long time ago in order to free up funds. Later, if the money is not paid, the bank will naturally apply for enforcement. Lu Meifeng said.

At this time, Lu Meifeng felt that the slightly greasy middle-aged male lawyer in front of her did have two brushes, and he understood the situation without reading a few words in the case file.

"According to the first-instance judgment, the court found that the provisions of Article 28 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts did not apply to your case. Instead, Article 27 of the Provision is applied, rejecting your objection to enforcement, and supporting the bank's claim, which I think is open to discussion in terms of applicable law. Fang Yi said.

Lu Meifeng was confused, although she was a shrewd person, she didn't understand the rules and regulations that Fang Yi said: "Lawyer Fang, what do you mean ......?"

"So, did you sign the contract for the purchase of the parking space, before or after the court seized it?" Fang Yi asked.

"It was before the court seized it, and the bank also admitted in the first instance that it was the loan and mortgage procedures that I handled after I signed the contract for the sale and purchase of the parking space. This can also be attested to by the fact that there is a specific time on the warrants provided by the bank and in the sales contract provided by me. Lu Meifeng said.

"Okay, did you actually take possession of the parking space before the court seized it?" Fang Yi then asked.

"That's right, I have two cars and I've always used a parking space. And I installed a ground lock on the parking space, so I knew that someone was using it at a glance. Lu Meifeng said.

"Well, you've already paid the full price for the parking space, right?" Fang Yi said.

"Yes, I have payment slips and bank transfer records, all in the document bag. The first instance was also submitted. Lu Meifeng said.

"The parking space is handled by the developer in a unified manner, and there has been no transfer of ownership because of the developer, which is right." Fang Yi said.

"Yes, that's right, until now, the developer has not sent a notice, asking me to cooperate with the submission of documents to go through the transfer procedures." Lu Meifeng said.

The above questions I asked are Article 28 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts".

(Article 28: In the course of the enforcement of monetary creditor's rights, if the buyer raises an objection to the immovable property registered in the name of the person subject to enforcement, the people's court shall support it if it meets the following circumstances and its rights can be excluded from enforcement: (1) a legal and effective written sales contract has been signed before the people's court seals it up; (2) The immovable property was lawfully in possession before it was sealed by the people's court; (3) The full price has been paid, or part of the price has been paid in accordance with the contract and the remaining price is delivered for enforcement in accordance with the requirements of the people's court; (4) Failure to complete the transfer registration for reasons not attributable to the buyer himself)

Your case complies with the above provisions, so I believe that the court of first instance applies Article 27 of the above provisions (Article 27 The applicant for enforcement shall have the right of priority to be compensated against the security interest of the outsider in accordance with the law, and the people's court will not support the objection to the exclusion of enforcement raised by the outsider, except as otherwise provided by laws and judicial interpretations), and it is inappropriate to reject your claim, and there is a suspicion of error in the application of law. Fang Yi said.

"But the court ruled that I lost! Do you think the bank is looking for a relationship? That's what the lawyer who represented me in the case told me. After all, people are state-owned banks, and we are ordinary people. Lu Meifeng said.

Belch...... How to say this, Chinese people have always had the habit of looking for someone to do things, especially when huge interests are involved, but the statement of "looking for a relationship" is a guess after all, and it is difficult to determine (everything that can be determined has gone in).

"Of course, I can't rule out this possibility, but I think it may also be a problem with the judge's understanding of the law." Fang Yi said seriously.

"Aren't judges law graduates? Since they are all studying the law, shouldn't they be the same in their understanding of the legal provisions? Lu Meifeng wondered.

"It should be said that the vast majority of judges have graduated from law, and their understanding of the law is also very different. But you can't deny that there are differences in people's understanding of things, just like a teacher teaches students with very different test scores.

In addition, the courts in each region will issue some local guidance opinions according to the development of the region, and although these guidelines are not laws and regulations, they are better than those of county officials. Therefore, there are cases of different judgments in the same case in various places.

Of course, I think your case is more of a problem with the judge's personal understanding, after all, the judge's judgment needs to be supported by law, and it cannot be arbitrary.

The legal environment in the province has improved greatly in recent years, and in the past, the situation you mentioned really existed. Take 10,000 steps back, can the other party handle all the judges from the grassroots level to the high court? Apparently not. Fang Yi was reluctant to go to the bank to find a "relationship", because that would imply that the party must find a relationship in order to win the case.

Once the party's idea is formed, then it doesn't matter whether to entrust Fang Yi to handle the case, if the party has a relationship with himself, find a small lawyer on the side of the road to give some money to get the case done, if the party is okay, he will find a lawyer with a relationship, no matter what the result, the case has nothing to do with Fang Yi.

Fang Yi has no relationship with the court, so he hopes that the parties will feel that losing the case in the first instance is a matter of the judge's personal understanding, and at the same time, it will also give the parties confidence that they have a chance to win the case in the second instance.

"Well, if you say that, I understand. Anyway, it's like this, if you don't appeal, you will definitely lose, and if you appeal, you won't necessarily lose. Then give it a try! After a while, Lu Meifeng said.

(End of chapter)