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A nearly 90-year old volunteer in Wuxi will deliver all others themselves and their families nearly 40 million of property and pension cards and depend on others, when frustration after hospital stay in the case of recreational and write but did not receive property "The next full settlement between the two sides," the writings, it sounds like a fairy tale, but it does happen in the real case together Wuxi, Jiangsu Province.
Jackwood southern / text
Confused credulity, the aged nearly 400,000 property deliver all others
Wang Yunqing elderly born August 23,OOpwC8k2GJ, 1921, living in Wuxi City, Jiangsu Province,louboutin pas cher, Central South Village. Huiren Di wife paralyzed in bed, mentally ill son Hui root large, life unattended. In this context, the 2008 elderly and the cell milkman workers Liang Zhiling (May 5, 1966 students) know. Because Liang Zhiling Wang Yunqing elderly to take care of a plus, like daughter, like Wenhanwennuan to Wang Yunqing left a good impression. Later in the chapter and her husband sent a letter of persuasion, Wang Yunqing elderly taking into account their own advanced age, around unattended, really you need to have an understanding of the people entrusted to take care of their own family, so have the refuge and her husband Liang Zhiling Chapter letter idea.
Thus,boutique louboutin paris, in March 2009 Wang Yunqing a family of three moved to Liang Zhiling home, while a trio of wage cards, medical cards and chapter sent a letter to the Liang Zhiling, three payroll card meter 4182 yuan monthly salary. Liang Zhiling, chapter sent a letter in their own back yard of a house built for a family of three living , also purchased a solar water heater, air conditioning, bathroom and other facilities. After Wang Yunqing sold CENTRAL Village house, sold 247,000 yuan housing fund, the agency will be paying back the bank accounts of import Wang Yunqing, chapter sent a letter on May 15, 2009 will be 200,000 yuan paying back the transferred his account , and in May 18, 2009 to withdraw cash 48,800 yuan. Wang Yunqing Agricultural Bank certificates of deposit 3, also sent a letter to the chapter. The book was later found by a court investigation, account 10-653701130171419 account on 19 January 2009 maturity, the principal amount of 3400 yuan, April 8, 2009 to withdraw the principal and interest 3429 yuan, No depositor signature; account of 10 - 653,701,130,158,101 account on May 17, 2009 maturity, the principal amount of 50,000 yuan, Zhang sent a letter on May 18, 2009 to withdraw 52,000 yuan of principal and interest; accounts for the 10-653701130162020 account on July 16, 2009 to of principal 10,000 yuan, extract principal and interest on July 16, 2009 10,400 yuan, not withdrawals signatures.
January 15, 2010, Wang Yunqing old people and Liang Zhiling, chapter sent a letter to a conflict can not continue to live together, Wang Yunqing elderly family of three people decide to stay after contact Wuxi Huishan Changan recreation center (hereinafter referred to as recreational homes), leaving before Liang Zhiling, chapter sent a letter home, Liang Zhiling worried about economic disputes in the future, Wang Yunqing elderly Writing requires full settlement between the two sides in the future of documentary evidence. Wang Yunqing elderly a note written on the spot, stated "this post to all property received Liang Zhiling, Wang Yunqing, Huiren Di, pension benefits large root Sanren the future full settlement between the two sides."
A few days later, Wang Yunqing old accountant asked to recreational homes chapter sent a letter to condition delivery of the property, Wang Yunqing old man suddenly froze,40pO8q03wi, preliminary forget about the chapter sent a letter to the couple there is not delivered over 225,000 yuan.
April 26, 2010, Wang Yunqing to Wuxi Xishan District People's Court Liang Zhiling, chapter letter. Wang Yunqing suit said: Under , chapter sent a letter of persuasion, Wang Yunqing a family of three who take refuge in them. Due to contradictions in the January 25, 2010 to leave in the common course of life, Liang Zhiling couples only 140,000 yuan deposit one and three of the payroll card, Medicare card delivered to the recreation yard. In addition to payroll cards and health insurance cards, the two defendants from the plaintiff received 365,000 yuan, 140,000 yuan deposit deduction have been delivered, left 225,000 yuan has not delivered, to safeguard the legitimate rights and interests of the elderly, especially taken to court asking the two The defendant shall be returned.
Glib: The defendant moved to dismiss the plaintiff requested
Xishan District of Wuxi City People's Court accepted after attaches great importance to this from the rights of the elderly disputes, respectively, in May 24, 2010, June 11, 2010, July 8, 2010 3rd application of summary procedure conducted a public hearing trial. Due to complexity of the case and the law formed a collegiate bench, on September 14, 2010 the ordinary procedure open court session.
Case hearing, the chapter sent a letter, Liang Zhiling argued that the plaintiff a three meter 4182 yuan monthly salary, the three accused to live at home in nine months, the two defendants on behalf of salaried total 36,600 yuan, 60,000 yuan deposit the bank extract, Sellers get money 247,000 yuan, 53,000 yuan share the proceeds, in addition to salary payments, both the defendant actually get money 360,000 yuan. The plaintiff, a family of three people spending a lot, namely: the plaintiff and his wife Cindy Huiren four meals a day plus point scheming 1200 yuan per month, 12 bottles of milk per day × 1.6 yuan / bottle × 30 in days 576 yuan per month, water and electricity It costs 15 yuan / day × 30 in days 450 yuan per month, nursing 1000 yuan / month × 2 people count 2,louboutin homme pas cher,000 yuan per month, 500 yuan per month pocket money plaintiff, Huiren di diapers 15 yuan / day × 30 in days 450 yuan per month, the son of Hui root large hospital charges 1,100 yuan per month, shopping 200 yuan per month, spending a total of more than 6476 yuan per month. Three of the accused to live at home nine months, total health spending 58,200 yuan living. During the common life, the plaintiff has commissioned four chapters letter withdrawals count 160,000. Another plaintiff in order to allow a family of three people live in the two defendants dismantled two large flower beds and landscaped courtyard, loss of 20,000 yuan, the construction of new houses and renovation, repairing solar water heaters, air conditioning, bathroom and other facilities, spent 30,000 yuan, more than expenses, costs defendant exceeded the amount received. To the previous January 25, 2010 plaintiff accused a family of three people to leave home, the plaintiff has written a note that he had received post to all property in the future full settlement between the two sides, it requested the court to dismiss the plaintiff's claim.
Wang Yunqing said he never asked the two defendants in addition to build houses, and their removal flowerbed, flowers no evidence to corroborate, it will not be recognized. Two defendants believe before leaving home two defendants issued "today received handed to all property, ...... full settlement between the two sides in the future," the note means that the original defendant, the two sides have settled all payments in the first during the trial, said the note written by the Department of its voluntary, is it written in preparation for the two defendants left the family home in the two defendants, which in turn represents the third time the hearing that the note is in the chapter written a letter of persecution If you do not write it let him go, in fact, the two defendants did not give him a penny.
In the court proceedings, recreation hospital in March 9, 2010 issue a certificate 1, states, "There is hereby Wang Yunqing, Huiren Di, Hui root greater than January 25, 2010 beginning Recreation hospital stay I was closing the Chapter Letter deposit a count one hundred yuan a whole store, and another five thousand dollars Twenty II Wan not yet in place. (paying back the 247,000 yuan, 53,000 yuan stocks, certificates of deposit 65,000 yuan) hereby certify that. "recreational homes in 2010 June 5 issue once again prove 1, states, "Zhang January 25, 2010 letter to afternoon, the old man gave me two Huiren di Recreation hospital stay also received a letter forwarded chapter CCB wage card, balance of 7.5 yuan, Hui Ren Di medical card, Bank of Jiangsu wage card, the balance 37.56 yuan, Hui root largest medical card, Bank of Jiangsu wage card, the balance 29.56 yuan, received January 23, 2010 deposit Dongbeitang Wang Yunqing Xizhou Rural Commercial Bank signed a certificate of deposit, the amount of one hundred yuan a whole store, also received two blankets, a cask containing debris, a few pieces of unlined season. I hereby certify that. "
Said certified by the cross-examination, Wang Yunqing endorse the view that the two defendants now a family of three living in recreational hospital, hospital and recreational interest, prove recreation yard is not credible, it will not be recognized, but to pay for the past 14 million is no objection on the three cards have no objection.
Stripping cocoon spinning: The court determined that "full settlement" is not actually settled
Wuxi Xishan District People's Court found that the focus of controversy in this case are as follows: a focus of controversy, lived during the two defendants living at home how to calculate? Controversy Focus II, 140,000 yuan deposit is when people pay what? Three focus of controversy, on January 25, 2010 issued by the two defendants in the home of a note is valid? Four focus of controversy, chapter sent a letter to the bank teller how much in the end? At issue five two defendant has property loss?
About a focus of controversy: lived during the two defendants living at home how to calculate. Xishan District People's Court that the chapter sent a letter concerning Wang Yunqing a monthly expenditure statement is its unilateral statement, not evidence to prove that Wang Yunqing also not be recognized, the court with the local standard of living, Wang Yunqing a physical condition and three were comprehensive analysis of medical cards, etc. that Wang Yunqing a three monthly wages 4182 yuan per month is sufficient to maintain the three life care and medical expenses.
About controversy Focus II: 140,000 yuan deposit is when people pay what. First, the two defendants in the first trial process due representation and substituting mobility to post, but after the trial depth and focus of controversy between the two sides gradually, chapter sent a letter after the third trial was adjourned changed expressed as in to home. The court held that the trial court in the early stages, the focus of controversy not yet clear when the two parties a statement of fact closer to the objective truth, in front of disagreement and no evidence prior to the overthrow of the case statement, the court's first statement on the parties to be admissible. Secondly, in the third trial,f00j1sciVM, to prove recreation yard for the two defendants said after the cross-examination "of the post for the past 14 million is no objection," meaning it is clearly stated two 140,000 yuan to the defendant Recreation hospital instead Wang Yunqing himself. In addition, Wang Yunqing a recreational hospital stay, in addition to the parties, leisure Academy is the first insider circumstances, and recreation homes are run by non-profit unit of the law, there are clear rules and regulations and fees, and its property and how much Wang Yunqing There is no interest, so the proof of recreational homes have a certain credibility, but details still need specific analysis. For the first proof set forth in the "Twenty II Wan and another five thousand dollars not yet in place (paying back the 247,0M2EGlATfX,000 yuan, 53,000 yuan stocks, certificates of deposit 65,000 yuan)," is it not handled or actual witness, we can not make This kind of judgment, it is the part of the Court not identified, other content, and the second part is a certificate to prove the first expression of the objective situation, in line with recreation yard as the presence of people,W44C38LWSK, witnesses and the identity of the person handling the court recognized . In summary, the Court confirmed the chapter sent a letter on January 25, 2010 in a recreation yard will reach 140,000 yuan deposit delivered to the recreation yard.
At issue three: on January 25, 2010 issued by the two defendants in the home of a note is valid. The note stated "today received handed to all property, Wang Yunqing, Huiren Di, root large Sanren pension benefits, the future full settlement between the two sides," according to court finds that two of the focus of the dispute, the court held that Zhang letter deposit note issued after at least still large undelivered Wang Yunqing himself, actually not all settled, so the court held that Wang Yunqing written note was not a true reflection of objective circumstances, the Court of the contents of the note is inadmissible.
At issue four: Chapter letter how much actual withdrawal amount, whether paid Wang Yunqing. If there is no payment, whether it should be returned. Zhang letter represents four times removed 160,000 yuan, the stock 53,000 yuan, the bank deposits 50,000 yuan and 10,000 yuan,me7844FA4f, 57,louboutin femme pas cher,000 yuan housing fund, according to court records inquiries, the bank deposits of $ 50,000 principal and interest meter 52,000 yuan deposits of $ 10,000 principal and interest meter 10,400 yuan, said Zhang sent a letter to the principal and interest to be recognized by Wang Yunqing Construction Bank passbook and court records show that inquiry, chapter sent a letter in May 18, 2009 Cash 58,800 yuan, Zhang sent a letter from recognized stock funds extract 53,000 yuan. Another also indicates the bank deposit 3,400 yuan was extracted chapter letter, sent a letter to this chapter are not recognized, and the signature on the withdrawal No withdrawal procedure, so the court sent a letter to 3400 yuan deposit extracted by the Chapter of opinion should not be adopted . In sum, the Court finds that chapter letter actually received money 164,200 yuan. Zhang said in a letter to Wang Yunqing actual withdrawal after delivery, no delivery procedures, should bear the burden of proof can not be legal consequences, so the court did not confirm the chapter sent a letter to Wang Yunqing will pay 164,200 yuan, which the Department of Wang Yunqing all principal, interest should also be Wang Yunqing return, they should return the principal and interest total chapter sent a letter to 164,200 yuan.
At issue five: two whether the defendant has property loss. If so, should the Wang Yunqing bear the loss. The court held that Wang Yunqing one with the two defendants to agree to live together, the two sides set up on a voluntary basis, Wang Yunqing a family living in the two defendants paid the corresponding life, cost of care, the two defendants should provide appropriate accommodation and living utensils for a use, Wang Yunqing only use one pair of said property, ownership is still vested in all the defendants, and no evidence that Wang Yunqing a damage to such property in the course, so without having to undertake the construction of houses, renovation of housing and purchase appliances charges. The two defendants also referred to the construction of houses and demolished two flower beds and plants, the loss of 20,000 yuan, there is no evidence to be corroborated two defendants, the court not be accepted.
In summary, the final court held that there is no lawful basis to obtain improper benefits, causing losses to others, who obtained illegal profits shall be returned by the loss of the two defendants from at the actual proceeds of 364,200 yuan, net of the hospital has paid Recreation The 140,000 yuan, 224,200 yuan left, now Wang Yunqing a two defendants have been moved out of the home, the two defendants has no legitimate reason to keep possession of the said sum, while Wang Yunqing which suffered losses due to uncollected, so the two defendants should be returned. Accordingly, October 24, 2010, Wuxi Xishan District People's Court in accordance with the "People's Republic of China Civil Law" Article 59, Article 92, the provisions of Article 108, the first instance verdict as follows: Chapter defendant sent a letter, of this decision takes effect immediately returned 224,200 yuan to the plaintiff Wang Yunqing.
The second trial judge & nbsp; unjust enrichment should be returned
Zhang letter, Liang Zhiling first instance verdict, appeal to the Wuxi Intermediate People's Court. After the hospital on November 15, 2010 to receive, according to the law formed a collegiate bench, on December 9, 2010 public hearing of the case.
Zhang letter, Liang Zhiling of Appeal held that, January 25, 2010, Wang Yunqing leave home when a written note is its voluntary writing, there is no case of coercion, the note is 's true intention. According to the contents of the note stated, Wang Yunqing has received all of the property, between the two sides have all been cleared. Therefore, the Court of First Instance found an error of fact, requesting the court of cassation, the law commuted or remand.
Wang Yunqing old second instance in reply said: note January 25, 2010 was himself under duress in the case of writing, not my true intention is invalid civil behavior. Court of First Instance finds that the facts are clear, requesting the court upheld the conviction.
The second trial process, the chapter sent a letter to appear in court statement said: January 25, 2010, when Wang Yunqing written note, I do not go out to get milk at home. After the note written gave . did not allow anything to Wang Yunqing, but after I came back from the outside, etc., will be a $ 140,000 certificate of deposit, a medical card,tn pas cher femme, pay card and three part article handed life, and called the car The couple sent recreation yard, and then sent them to my left, and did not help Wang Yunqing for the relevant check.
Wuxi Intermediate People's Court that the case the focus of controversy: First, when the January 25, 2010 leave a note issued home whether in the case of duress formed. Second, the chapter sent a letter,3D4vIiCVd3, Liang Zhiling funds between the two and the presence or absence of full settlement , chapter letter,Pmye92hbW6, Liang Zhiling whether there is unjust enrichment.
For the focus of a dispute, the court held that: the parties of their claims shall provide appropriate evidence to prove. Department expressed its voluntary written note, said after the third trial in the first instance in the case of duress in writing, if not written, both the appellant would not let him go in the first trial in the first instance, but it did not provide sufficient evidence to overthrow the previous statements. Taking into account the age of ninety-old Wang Yunqing Department, Huiren Di has long paralyzed in bed, two lodging at Liang Zhiling home in their daily lives at a disadvantage. Wang Yunqing couple wanted to leave at home, may be due by Liang Zhiling, chapter letter and issued a note speech about the true meaning of the non-represented, but about the speech is not yet constitute coercion. Because not provided sufficient evidence to prove that duress while writing a note before January 25, 2010 leave home, so its claims about the note is in the case of the formation of the coerced, the court inadmissible.
For the second focus of controversy, the Court held: 25 January 2010 home when they leave a note issued by states, although "today received handed to all property, Wang Yunqing, Huiren Di, root large Sanren pension benefits, full settlement between the two sides in the future ", but according to the letter of the second instance statements chapter, when the note written to , Liang Zhiling did not deliver any property to , etc. but after he came back from the outside, only the corresponding property handed over to Wang Yunqing. It has been confirmed in a note issued to when the two sides is not actually full settlement. Another chapter sent a letter to the first instance, Liang Zhiling trial statements and proof of recreational homes, may confirm each other's certificates of deposit 140,000 yuan Department sent a letter delivered to the recreation yard chapter, the chapter sent a letter, although in the first instance according to the third trial adjourned after and in the second instance corrected himself and said the $ 140,000 deposit is home to the Wang Yunqing, but did not provide evidence to overthrow the previous statement, which also can be corroborated when issued note, chapter letter, Liang Zhiling there are large deposits of undelivered Wang Yunqing himself. In summary, it was confirmed that Wang Yunqing issued note is not a true reflection of the objective situation, the contents of the note, the court inadmissible.
For the chapter sent a letter funds actually obtained from place, except a trio during the two lived together with their monthly salary of 4182 yuan and 200,000 yuan housing fund transfers outside, according to the facts found in the first instance, chapter letter also divided into four actually extracted money 164,200 yuan Wang Yunqing name. Zhang said in a letter after each actual withdrawal, all the money in full to the , but did not provide appropriate proof of delivery, the burden of proof should not be legal consequences.
For lived life medical expenses during home court of first instance according to the local standard of living, Wang Yunqing a combination of factors, physical condition and health care and so identified three monthly salary of 4,182 yuan Wang Yunqing a family of three is sufficient to maintain the three per life care and medical expenses of the month, not improper.
The court found that Zhang letter, reach a consensus with living together on a voluntary basis, but the building, renovation and purchase costs of such an agreement was not living facilities. Under the terms of the accord, to provide living quarters for the a life of appliances and the corresponding chapter should belong letter, should fulfill the obligations , Wang Yunqing a family life during has fulfilled life pay the obligations of their care costs, and no evidence that Wang Yunqing a property damage in the course of using the property, the so without incurring such costs.
Chapter letter and the proceeds from the actual Department, Wang Yunqing a deduction in its life during the two live together, medical, nursing expenses and recreational homes delivered 140,000 yuan, 224,200 yuan left Wang Yunqing not paid yet. Basis without a lawful basis, obtain an unfair advantage, causing losses to others, the relevant provisions of the illegal profits shall be returned to the people affected by the loss. Now Wang Yunqing one has moved out of Liang Zhiling home, Zhang Liang Zhiling letter and has no legitimate reason to keep possession of the said sum, so Zhang Liang Zhiling letter and the above amount should be refunded.
In summary, the Wuxi Intermediate People's Court found that the trial verdict facts are clear, correctly applies the law made the decision not improper, according to the law should be maintained. January 28, 2011, Wuxi Intermediate People's Court made the final decision: rejected the appeal and upheld the original verdict. The second instance court costs 4680 yuan, Zhang sent a letter by the appellant, Liang Zhiling commitment.
(Text Liang Zhiling, chapter sent a letter to his real name)
(Edit: SN002)
