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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 the property "In the future 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.
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Confused credulity, oldest old property fully delivered nearly 400,000 others
Wang Yunqing elderly people born in August 23, 1921, living in Wuxi City, Jiangsu Province, Central South Village. Huiren Di wife paralyzed in bed, mentally ill son Hui root large, life unattended. In this context, the 2008 王云青 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 梁志玲 and her husband sent a letter of persuasion, Wang Yunqing elderly to consider themselves old, around unattended, really we need to have an understanding of the people entrusted to take care of their own family, so have a refuge and her husband Liang Zhiling Chapter sent a letter to the idea.
Thus, in March 2009 a family of three who moved to Wang Yunqing 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 after their own hospital 王云青 built a house for a family of three to live, but also the purchase of solar water heaters, 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 on May 18, 2009 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 the court investigation, account 10-653701130171419 account on January 19, 2009 maturity, the principal amount of 3400 yuan, April 8, 2009 to withdraw the principal and interest 3,429 yuan, no depositor signature; account 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 of 10-653701130162020 account on July 16, 2009 to period, principal 10,000 yuan, extract principal and interest on July 16, 2009 10,400 yuan, no 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 decided 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 in writing credentials. Wang Yunqing elderly a note written on the spot, stated "this post to all property received Liang Zhiling, Wang Yunqing, Huiren Di,prix christian, root large Sanren pension benefits. Next 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 elderly suddenly stunned, initially figured, chapter sent a letter to the couple there is no delivery of over 225,000 yuan.
April 26, 2010, Wang Yunqing to Wuxi Xishan District People's Court Liang Zhiling, chapter letter. Wang Yunqing complaint said: Under 梁志玲, chapter sent a letter of persuasion, Wang Yunqing a family of three people take refuge in them. Due to contradictions in 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,louis vuitton bracciali, Medicare card delivered to the recreation yard. In addition to payroll card and Medicare card, the two defendants from the plaintiff received 365,000 yuan, 140,000 yuan deposit deduction have been delivered, the remaining 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 dispute cases, respectively, in May 24, 2010, June 11, 2010,asics gel, July 8, 2010 summary procedure three times a public hearing conducted trial. Due to complexity of the case and the law formed a collegiate bench,porsche design occhiali da sole, on September 14, 2010 applicable to the general procedure disclosed in 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 to collect the wages 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 charges 15 yuan / day × 30 in days 450 yuan per month, nursing 1000 yuan / month × 2 people meter 2000 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,abercrombie new york, shopping 200 yuan per month, more than 6476 yuan per month in total expenditure. Three of the accused to live at home nine months, total life medical expenses 58,200 yuan. During the common life, the plaintiff has commissioned four chapters letter teller counted 160,000 yuan. Another plaintiff in order to allow a family of three people live, 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 梁志玲 post to all the property in the future full settlement between the two sides, so the request court dismissed 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 王云青 before leaving home two defendants issued "now receive 梁志玲 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 王云青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 course of the trial the note under chapter written a letter of persecution If you do not write to 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 made to close chapter Letter deposit a count one hundred yuan a whole store, and another 2, 000 Twenty five thousand dollars not yet in place. (paying back the 247,000 yuan, 53,000 yuan stock, certificates of deposit 65,000 yuan) hereby certify that. "recreational homes in 2010 June 5 issue once again proved 1, states, "Chapter 25 January 2010 letter to 王云青 afternoon, the old man gave me two Huiren di Recreation hospital stay while Zhang received a letter forwarded 王云青 CCB wage card, balance of 7.5 yuan,scarpe adidas uomo, 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 王云青 a family of three people live in the hospital recreation, homes and recreational interest, proof of recreational homes do not have credibility, it will not be recognized, but to pay for the past 14 million is no objection, there is no objection to three cards.
Stripping cocoon spinning: the court finds "full settlement" is not actually settled
Wuxi Xishan District People's Court that the focus of the dispute in this case are as follows: a focus of controversy, 王云青 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, 王云青 on January 25, 2010 issued by the two defendants in the home note effective Four focus of controversy, chapter sent a letter to the bank teller how much in the end Focus of controversy five defendants whether propertied losses
About a focus of controversy: 王云青 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, no 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-month salary 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 王云青 王云青 mobility to post, but after the trial depth and focus of controversy between the two sides gradually, chapter after the third letter was changed expressed as the trial adjourned in to 王云青 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 course of the trial, to prove recreation yard for the two defendants said after the cross-examination "to pay 140,000 yuan in the past is no objection,cinture d," meaning it is clearly stated the two defendants will handed over 140,000 yuan Wang Yunqing Recreation hospital rather than 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 units according to 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 with a certain confidence, but still need a detailed analysis of specific content. For the first proof set forth in the "additional 2, 000 Twenty five thousand dollars not yet in place (paying back the 247,000 yuan, 53,000 yuan stock, certificates of deposit 65,000 yuan)," is it not handled or actual witness,hogan interactive, we can not make This kind of judgment, so the court will not be identified in this part, other content, and the second part is a certificate to prove the first presentation of the objective situation, in line with recreation yard as the presence of people, witnesses and the identity of the person handling the court recognized . In summary, the Court confirmed chapter sent a letter in January 25, 2010 in 王云青 a recreation yard will reach 140,000 yuan deposit delivered to the recreation yard.
Three focus of controversy: 王云青 on January 25, 2010 issued by the two defendants in the home note is valid. The note stated "today received 梁志玲 handed to all property,céline occhiali da sole, Wang Yunqing, Huiren Di, root large Sanren pension benefits, the future full settlement between the two sides," according to the court finds that two of the focus of the dispute, the court held that Zhang letter deposit note issued after at least 王云青 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 inadmissible.
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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, 50,000 yuan and the bank deposits 10,000 yuan, 57,000 yuan housing fund, according to court records query, ABC deposit principal and interest of $ 50,000 dollars 52,000 yuan deposits 10,000 yuan of 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 query, 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 王云青 also indicates the bank deposit 3,400 yuan was extracted chapter letter, sent a letter to this chapter shall not be recognized, and the signature on the withdrawal No withdrawal procedures, so the court sent a letter to 3,400 yuan deposit shall not be accepted by the opinions extract chapter . In sum, the Court finds that chapter letter actually received money 164,200 yuan. Zhang said in a letter delivered to the actual withdrawal after Wang Yunqing, 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,hogan uomo,200 yuan, which the Department of Wang Yunqing all principal, interest should also be owned by Wang Yunqing, it 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 established 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 王云青 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, it need not assume 王云青 build houses, renovation of housing and purchase appliances charges. The two defendants also known as build houses and demolished two flower beds and plants, the loss of 20,000 yuan,cappelli jordan, there is no evidence to be corroborated two defendants, the court shall not be recognized.
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 two defendants from 王云青 at the actual proceeds of 364,200 yuan, net of the hospital has been paid Recreation of 140,000 yuan, 224,200 yuan left, now has moved out of the two defendants Wang Yunqing a 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,gucci lunette de soleil, 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 verdict is as follows: Chapter defendant sent a letter, 梁志玲 this decision takes effect immediately after the return of 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 梁志玲 leave home when a written note is its voluntary writing, there is no stress situation, the note is 王云青'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, according commuted or remand.
Wang Yunqing elderly second instance of reply, said: note 25 January 2010 in the case was himself intimidated 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.
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The second trial process, the chapter sent a letter to appear in court statement says: January 25, 2010, when Wang Yunqing written note, I do not go out to get milk at home. After the note written 王云青 gave 梁志玲.梁志玲 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, pay card and three part article handed 王云青 life, and called the car The couple sent 王云青 recreation yard, then I left them to themselves, 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 王云青 leave a note issued 梁志玲 home whether it is in the case of duress formed. Second, the chapter sent a letter, Liang Zhiling payments between two and 王云青 whether the full settlement, chapter letter, 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.王云青 express their voluntary written note Department, said in a third trial after the first trial 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 also long paralyzed in bed, two lodging at Liang Zhiling home, in their daily lives at a disadvantage. Wang Yunqing couple wanted to leave 梁志玲 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 王云青 not provided sufficient evidence to prove that they are intimidated when writing a note before January 25, 2010 梁志玲 leave home, so its claims about the note is that in the case of the formation of stress, the court inadmissible.
For the second focus of the dispute, the Court held: 25 January 2010 王云青 梁志玲 home when they leave a note issued by states, although "today received 梁志玲 handed to all property, Wang Yunqing, Huiren Di, root large Sanren pension benefits,nike tn officiel, full settlement between the two sides in the future ", but according to a letter the second instance statements chapter, 王云青 when the note written to 梁志玲, Liang Zhiling did not deliver any property to 王云青, etc. but after he came back from the outside, only the corresponding property handed over to Wang Yunqing. It can be confirmed when 王云青 note issued to 梁志玲, actually not all the parties to settle. 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 court adjourned after the third according to and the second instance corrected himself and said the $ 140,000 deposit is home to the Wang Yunqing,moncler piumini, but did not provide evidence to overthrow the previous statement, which also can be corroborated when 王云青 issued note, chapter letter, Liang Zhiling there are large deposits not delivered Wang Yunqing himself. In summary, it was confirmed that Wang Yunqing issued the note is not a true reflection of the objective situation,hollister nantes, the content of the note, the court inadmissible.
For the chapter sent a letter 梁志玲 funds actually obtained from 王云青 place, except 王云青 a trio during the two lived together with their monthly salary of 4,182 yuan and 200,000 yuan housing fund transfers outside, according to the facts found in the first instance, chapter letter also consists of 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 王云青, but did not provide appropriate proof of delivery, the burden of proof should not be legal consequences.
For one who lives life 王云青 medical expenses during 梁志玲 home court of first instance according to 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, 梁志玲 and 王云青 reach a desirable living together on a voluntary basis, but the building, renovation and purchase costs of such an agreement was not living facilities. Under the desirability for 王云青 a provider of life living quarters and the appropriate utensils should belong to the chapter sent a letter, it should fulfill the obligations 梁志玲, Wang Yunqing a family life during 梁志玲 has fulfilled payment of the corresponding life care costs of its obligations, and no evidence that Wang Yunqing a property damage in the course of using the property, the so 王云青 without incurring such costs.
Chapter letter and the proceeds from the actual 梁志玲 王云青 Department, Wang Yunqing a deduction in its life during the two to live together, medical, nursing expenses and recreational homes delivered 140,000 yuan, 224,200 yuan left Wang Yunqing not yet paid. Basis without a lawful basis, obtain an unfair advantage,adidas paris, causing losses to others, the relevant provisions of the illegal profits shall be returned to the person 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 and Liang Zhiling letter should be returned to the above amounts.
In summary, the Wuxi Intermediate People's Court held that the trial verdict facts are clear, the applicable law is correct, 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 judgment. The second instance court costs 4680 yuan, Zhang sent a letter by the appellant, Liang Zhiling bear.
(Text Liang Zhiling, chapter sent a letter to his real name)
(Edit: SN002)
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