Chapter 147 Let’s try it!

Author: Snow Yinghong Plum

Chapter 147 Let’s try it!

During the case discussion, in addition to the laws, exchange of industry situations is also necessary, because the law does not exist in isolation. Each case has its own characteristics and may have industry characteristics.

A lawyer can tell some unspoken rules or industry situations of the industry involved in some cases, which will make the parties feel that the lawyer they are looking for not only understands legal knowledge, but also industry knowledge, making it easier for the parties to establish a trust relationship between the parties and the lawyer.

If the lawyer does not understand the industry situation involved in the case of the parties, one talks about the Qianmen Building and the other talks about the hips and the other talks about the same kids and ducks, and they are different from each other, there are probably no way to take this case.

Of course, there are exceptions, that is, lawyers are particularly able to fool, or not mention the industry. Such lawyers absolutely exist, and Zhao Zhongcheng is. However, the parties are not fools. After being fooled, they signed the agency contract on the spot.

, afterwards, there are too many things to regret and not pay.

"Lawyer Fang, your speculation is correct. During the first instance, the mortgage documents taken out by the other party proved that the developer had long mortgaged the parking space to the bank in order to vacate funds. Later, the bank did not pay back the money, so the bank naturally had to apply for compulsory enforcement."

Lu Meifengdao.

At this time, Lu Meifeng felt that the slightly greasy middle-aged male lawyer in front of her was indeed a few tricks, and she could figure out the situation without looking at the case file for a few words.

"According to the first instance judgment, the court determined that your case was not subject to Article 28 of the Supreme People's Court's Provisions on Several Issues Concerning the Handling of Execution Objections and Reconsideration Cases" on the Exclusion of Compulsory Enforcement. Instead, the second

Article 17: I believe that the application of the law is subject to objection to your execution and support the bank's litigation request." Fang Yidao.

Lu Meifeng was confused when she heard this. Although she was a smart person, she didn't understand the rules and regulations that Fang Yi said: "Lawyer Fang, what you mean is..."

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

"It was before the court sealed, and the bank also admitted in the first instance that it was the loan and mortgage procedures I signed the parking space sales contract. The other warrants provided by the bank and the sales contract provided by me can also prove that there is a specific time for the other warrants provided by the bank and the sales contract provided by me.

This is what happened.” Lu Meifeng said.

"Okay, before the court sealed the parking space, did you actually own the parking space?" Fang Yi continued to ask.

"That's right, my two cars have been using parking spaces all the time. And I have installed floor locks on the parking spaces, and I can tell at a glance that someone is using them." Lu Meifeng said.

"Well, you have paid the price for all the parking spaces to be purchased, is that right?" Fang Yi said.

"Yes, I have payment documents and bank transfer records, all of which are in the file bag. The first instance was submitted," Lu Meifeng said.

"The parking space is handled by the developer uniformly. The reason for the developer has not been transferred so far is because of the developer. That's right." Fang Yi said.

"Yes, that's right. The developer has not issued a notice until now, asking me to cooperate with submitting documents to handle the transfer procedures." Lu Meifeng said.

"The above questions I asked are stipulated in the 28th provisions of the "Regulations of the Supreme People's Court on Several Issues Concerning the Handling of Implementation Objections and Reconsideration Cases of the People's Court".

(Article 28 During the execution of monetary debt, if the buyer raises an objection to the real estate registered in the name of the person subject to execution, and meets the following circumstances and his rights can be excluded from execution, the people's court shall support it: (1) Seizure in the People's Court

A legal and valid written sales contract has been signed; (2) The real estate has been legally possessed before the People's Court seized; (3) The entire price has been paid, or part of the price has been paid in accordance with the contract and the remaining price has been delivered in accordance with the requirements of the People's Court

Implementation; (IV) No transfer registration is not handled for reasons other than the buyer’s own reasons)

Your case complies with the above provisions, so I believe that the first instance court applies Article 27 of the above provisions (Article 27 of the applicant for execution enjoys the right of priority compensation for the subject of execution, such as the security rights against the non-party, in accordance with the law.

The court does not support the objection to exclusion of execution raised by the non-party, except as otherwise provided by the law and judicial interpretation). It is inappropriate to reject your lawsuit, and there is a suspicion of error in applying the law." Fang Yi said.

"But the court sentenced me to lose! Do you think the bank had found a relationship? That's what the lawyer who represented the case for me before told me. After all, they are a state-owned bank, and we are ordinary people." Lu Meifeng said

.

Uh... How can this be said? Chinese people have always had the habit of finding people to do things, especially when huge benefits are involved, but the statement of "finding relationships" is a guess after all, and it is difficult to be sure (everything that can be confirmed has been entered).

"Of course this possibility is not ruled out, but I think it is also a question of the judge's understanding of the legal provisions." Fang Yi said seriously.

"Don't the judge graduated from the law major? Since they are all studying the law, shouldn't the understanding of legal provisions be the same?" Lu Meifeng said in confusion.

"It should be said that most judges graduated from the law major and have very different understandings of laws and regulations. But you cannot deny that people have different understandings of things, just like a student taught by a teacher, taking the exam

The grades vary greatly.

In addition, the courts in each region will issue some local guiding opinions based on the development of the region. Although these guiding opinions are not laws and regulations, they are now better than county officials. Therefore, different judgments in the same case are in various places

All.

Of course, I think your case is more about the judge's personal understanding. After all, judges need legal support to judge cases and cannot do anything nonsense.

In recent years, the legal environment in the province has improved greatly. In the past, the situation you mentioned really exists. If you take a step back, can the other party handle all the judges from the grassroots level to the High Court? Obviously not."

Fang Yi was unwilling to go to the bank to find "relationships" because that would suggest that the parties must find relationships to win the case.

Once the party's idea is formed, it doesn't matter whether to entrust Fang Yi to handle the case. If the party has something to do with him, find a small lawyer on the side of the road to give him some money to get the case done. If the party doesn't matter, he will go to find it.

For lawyers who have connections, no matter which result, the case has nothing to do with Fang Yi.

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

"Well, I understand if you say that. Anyway, it's the case. If you don't appeal, you will definitely lose. If you appeal, you may not lose. Then give it a try!" Lu Meifeng said a moment later.
Chapter completed!