The man owes 390 thousand to the creditors and urged the 2 apartments to turn to their 1 year old son at a low price.

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 The man owes 390 thousand to the creditors and urged the 2 apartments to turn to their 1 year old son at a low price.


3 days before being pushed into debt, the house was transferred to a 1 year old son at a low price.

Zou has the 1/2 share of 2 houses in Sanshui District of Foshan. On May 31, 2016, Zou Mou, as a seller and his son, Xiao Zou (born in 2014), signed two Sale and Sale Contract of Stock Housing. They agreed that Xiao Zou would buy one-second of the two flats in Sanshui District, Xiashan City, at a price of 271,167 yuan and 209,154 yuan respectively.

On June 3, 2016, a few days after Zou sold his house to his son, Mr. Xu sued Zou Mou and Huang Mou (Zou Mous wife) in court on the grounds that Zou Mou owed a total of 390,000 yuan in due loans and corresponding interest. Foshan Sanshui Court ruled that Zou Mou and Huang Mou should pay 230,000 yuan in loan principal and corresponding interest to Mr. Xu.

On November 9, 2016, Zou Mou returned Mr. Xu 53000 yuan. Both sides confirmed that Zou Mou still owed Mr. Xu 187215.5 yuan in loan principal and corresponding interest. Because the executor had no other property to be enforced, the Sanshui court ruled that the execution should be terminated.

In January 6, 2017, he accidentally learned that Zou had transferred his real estate recently. Mr. Xu then went to the real estate registration archives in Sanshui District of Foshan City to inquire. One-half of the above real estate share has been converted into Xiao Zous name. On January 5, 2017, Mr. Xu filed a lawsuit with the Nanhai Court, requesting the cancellation of Zous transfer of 1/2 share of two suites of real estate located in Sanshui District of Foshan City to Xiao Zou, and the cancellation of the Sale and Sale Contract of Stock Housing signed by Zou and Xiao Zou on May 31, 2016 for the transfer of the above-mentioned real estate.

Court decision: cancellation of property transfer

After examination, the property in question was originally registered under Zou Mous name. According to the principle of publicity of property rights, Zou Mou owns the corresponding share of the property in question. According to the relevant provisions of the Contract Law of the Peoples Republic of China, the creditor may request the peoples court to cancel the debtors act if the debtor has caused damage to the creditor by abandoning its due creditors rights or transferring property gratis. If the debtor transfers the property at an apparently unreasonable low price, causing damage to the creditor and the assignee knows the situation, the creditor may also request the peoples court to cancel the debtors act.

In this case, Zou Mou owed the plaintiff a loan due and did not pay, and there was no evidence that Zou Mou transferred the property involved to his son, Xiao Zou, to collect the corresponding consideration. Therefore, the court found that Zou Mou transferred the property without compensation, which infringed the plaintiffs creditors rights.

Therefore, the plaintiff proposed to cancel Zous transfer of 1/2 share of the two suites of real estate located in Sanshui District of Foshan City to Xiao Zou, and to cancel Zous Sale Contract for Stock Housing signed with Xiao Zou on May 31, 2016, which conforms to the law and is supported by the court. The final court decision: revoke the act of the defendant Zou Mou transferring 1/2 share of the two suites of real estate located in Sanshui District of Foshan City to the defendant Xiao Zou; at the same time revoke the Sale and Sale Contract of Stock Housing signed by the defendant Zou Mou and Xiao Zou on 31 May 2016 concerning the transfer of the above-mentioned real estate, and make the above real estate within 10 days of the legal effect of the judgment. Resumption of registration in the name of the defendant Zou Mou. After the decision came into force, the defendant refused to comply with the obligations set out in the judgment. Mr. Xu applied for enforcement in the South China Sea court. At present, the case has been completed. Source: Southern Metropolis Daily editor in charge: Zhao Yaping _NN9005

Therefore, the plaintiff proposed to cancel Zous transfer of 1/2 share of the two suites of real estate located in Sanshui District of Foshan City to Xiao Zou, and to cancel Zous Sale Contract for Stock Housing signed with Xiao Zou on May 31, 2016, which conforms to the law and is supported by the court.

The final court decision: revoke the act of the defendant Zou Mou transferring 1/2 share of the two suites of real estate located in Sanshui District of Foshan City to the defendant Xiao Zou; at the same time revoke the Sale and Sale Contract of Stock Housing signed by the defendant Zou Mou and Xiao Zou on 31 May 2016 concerning the transfer of the above-mentioned real estate, and make the above real estate within 10 days of the legal effect of the judgment. Resumption of registration in the name of the defendant Zou Mou.

After the decision came into force, the defendant refused to comply with the obligations set out in the judgment. Mr. Xu applied for enforcement in the South China Sea court. At present, the case has been completed.