The first wife of three rooms and one car sent by a man born in his fifties to claim back one million yuan

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 The first wife of three rooms and one car sent by a man born in his fifties to claim back one million yuan


In order to please his lover, in April 2014, Mr. Zhao transferred 550000 yuan to Zhang Meili through online banking, which was used to purchase a real estate in a community of Xuzhou Economic and Technological Development Zone. The contract was signed by Zhang Meili. In December 2014, Mr. Zhao spent more than 170000 yuan to buy a car, which was registered in the name of Zhang Meili and used by Zhang Meili. Mr. Zhao also transferred 30000 yuan to Zhang Meili for the tax and insurance of the car. In August 2014, Mr. Zhao spent more than 150000 yuan to purchase the real estate of Jufu homeland for Zhang Meili. The contract for the real estate was signed by Zhang Meili. In February 2017, Mr. Zhao transferred the purchase price of 340000 yuan to the development companys account for three times to purchase a set of office building apartment in impression city in East Australia, which was contracted by Zhang Meili.

The third party was originally ordered to court after the separation

Mr. Zhang Meili gave birth to her child in May 2017. Zhang Meili broke up after miscarriage and agreed to return two of the properties to Mr. Zhao, but she did not fulfill her promise.

Mr. Zhao repeatedly sent messages urging Zhang Meili to return the property or cash of 1.25 million, but Zhang Meili ignored. Mr. Zhao also went to Zhang Meilis hometown to urge her parents to pay back the money, but there was no result. In order to recover money, in early 2018, Mr. Zhao told his wife, Ms. Wang, about his extramarital affairs. Ms. Wang was angry and sued her husband and the third party.

Ms. Wang claimed that the defendant Mr. Zhao privately used the common property of the husband and wife to present the lover, the amount was huge, and the donation behavior between the defendant Mr. Zhao and Zhang Meili violated the provisions of the law on the principle of public order and good customs, which was invalid. The court is requested to order the defendant Mr. Zhaos donation of three sets of real estate, a car and cash of 170000 yuan to the defendant Zhang Meili is invalid and returned to the plaintiff.

In the hearing of the peoples Court of Xuzhou Economic and Technological Development Zone, the defendant Zhang Meili argued that the three suites and a car purchased should be owned by her, saying that there was no gift relationship between herself and Mr. Zhao, but a relationship of creditors rights and debts.

Zhang Meili said that during her tenure in a company invested by Mr. Zhao, she had a good relationship with Mr. Zhao and had more contacts. She admitted that she had borrowed money from Mr. Zhao many times to buy the above-mentioned property, but left because of conflicts with Mr. Zhao and the company. During her employment, she advanced nearly 300000 yuan for Mr. Zhao and the company due to work reasons. The accounts between the company and Mr. Zhao have not been settled, so the loan of Mr. Zhao has not been repaid. Therefore, the relationship between the defendant Mr. Zhao and himself, whether it is the relationship of creditors rights and debts, or the relationship of donation, is the problem of capital flow. The plaintiff, Ms. Wang, claimed to return the property purchased by the defendant Mr. Zhao with no legal basis, and asked the court to reject the plaintiffs claim.

The defendant Mr. Zhao argued that he gave the money to Zhang Meili to buy the above-mentioned real estate and car. The defendant Zhang Meili did not advance any funds for the company. Moreover, Zhang Meili left the company not because of conflict with the company. It was a normal resignation. There was no situation that Zhang Meili had no account of funds advanced for liquidation between Zhang Meili and his individual or the company. The property he gave to Zhang Meili was a gift. The house property and car were paid by him or paid for by himself. The above sum of money was more than 1.25 million yuan.

The court ruled that:

After hearing the case, the court held that the joint property of husband and wife is an inseparable whole during the existence of the relationship between husband and wife. If important decisions are made on the joint property of husband and wife not due to the need of daily life, the two parties should reach an agreement through consultation.

In this case, the defendant Mr. Zhao donated a large sum of money to the defendant Zhang Meili during the existence of the relationship with Ms. Wang, which was neither necessary for daily life nor obtained the consent of Ms. Wang, the co owner, which damaged the property rights and interests of the plaintiff, and violated the principle of fairness. Therefore, the donation made by the defendant Mr. Zhao should be invalid. Whats more, the donation between the defendant Mr. Zhao and Zhang Meili was based on extramarital affairs contrary to public order and good customs. Zhang Meilis acquisition of the above money was not bona fide and illegal, and the 1.253 million yuan should be returned. According to Article 52 of the contract law of the peoples Republic of China, the court finally ruled that the defendant Zhang Meili should pay the plaintiff Ms. Wang 1253000 yuan.

The judge reminded:

In marriage and family life, the property of all parties should be sorted out

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }Guo Jiuchang, a judge of the peoples Court of Xuzhou Economic and Technological Development Zone, who presided over the case, said that the increasing number of marriage disputes and family disputes every year made the judges feel deeply headache. As the saying goes, its hard for honest and upright officials to judge household affairs. judge Guo Jiuchang reminded that marriage disputes, family disputes and other cases are closely related to personal relations. The relationship between the parties is often husband and wife, brothers and sisters. If you dont pay attention to it, it will lead to property damage. In marriage and family life, property of all parties should be sorted out, especially the property of both husband and wife, so as to avoid disputes in the future I dont know. . Finally, judge Guo Jiuchang reminded that the family is the most warm harbor for people, and a good relationship between husband and wife is the foundation of family stability. However, it is a betrayal of the loyalty of the husband and wife before and is not allowed by law to give the common property of the husband and wife to the lover without authorization. Only when the husband and wife are in harmony, the children will be stable and the family and everything will be prosperous. Xu Bao financial media reporter: Li Mengqi correspondent: Guo Jiuchang Bu Fansheng recommended that 70 year old uncle hide his wife and give 5 million yuan of real estate to young women. Unexpectedly Xian woman suspected that her husband had an affair with others, stabbed Xiao San Gan Wei with a fruit knife, and 10 million real estate was auctioned! Is Jia Yueting still her hero? Source: Kuaiya Author: Li Mengqi, editor in charge: Yu Zhengxin_ NB15800

Guo Jiuchang, a civil court judge of the peoples Court of Xuzhou Economic and Technological Development Zone, who presided over the case, said that the increasing number of marriage and family disputes cases every year made judges feel deeply headache. As the saying goes, its hard for honest and upright officials to judge household affairs. judge Guo Jiuchang reminded that marriage disputes, family disputes and other cases are closely related to personal relations. The relationship between the parties is often husband and wife, brothers and sisters. If you dont pay attention to it, it will lead to property damage. In marriage and family life, property of all parties should be sorted out, especially the property of both husband and wife, so as to avoid disputes in the future I dont know. .

Finally, judge Guo Jiuchang reminded that the family is the most warm harbor for people, and a good relationship between husband and wife is the foundation of family stability. However, it is a betrayal of the loyalty of the husband and wife before and is not allowed by law to give the common property of the husband and wife to the lover without authorization. Only when the husband and wife are in harmony, the children will be stable and the family and everything will be prosperous.

Xu Bao financial media reporter: Li Mengqi & nbsp;

Correspondent: Guo Jiuchang & Bu Fansheng