In april 2022, red star news, “supreme or gift? On the subject of the dispute over the ownership of the four houses in the south end of the prices of the father and the son, mr. Yang's father and son's dispute over property rights in three courtyards in the beijing south end of the wall. The dispute over the ownership of the four-house in the south, a 400-square-square-square-square courtyard, raised concerns about the fact that a buyer in 2021 had offered over billions。
When he bought three courtyards, mr. Yang was fully funded and later registered as his eldest son, yang. After a disagreement between the father and the son over the house in june last year, yang began to refuse to recognize his father as the owner of three courtyards. In september, mr. Yang filed a complaint against his own son in court, arguing that he had bought a house by name, in his place, and that the yang fong considered it a gift。
Who belongs to the four-face house, whether it's a gift or a gift, and it's a gap between the two。
Mr. Yang lost his case at first instance. The court found that, although the yard was purchased at the expense of mr. Yang, the title certificate, which was a public certificate of ownership of the house, was held by yang, and that, given the father-son relationship, the actual use of the yard and the rent charged did not prove to be under mr. Yang's control and ownership. Mr. Yang appealed。
The second trial was held before the second intermediate people's court in beijing. During this trial, mr. Yang, who had written to the judge requesting his son to appear in person, still did not see his son, who had not been seen for a year。
Mr. Yang introduced that the second hearing lasted for more than two hours. When asked whether to agree to mediation, the judges insisted on confirming their ownership of the house. The counsel further indicated that mr. Yang would be paid a portion of his monthly rent to cover his living expenses. But mr. Yang, who insisted on taking the property back, considered it “a disgrace”。
The judgement was not delivered in court. It is not known how the property rights of the four houses ultimately belong to them, and how the father and the son were able to repair the cracks created by the four houses。
It's a four-year-old house that's provoking a conflict between father and son
Both sides insist on ownership of their houses
The son's lawyer says
They'll take a portion of the rent for the father
As for the need to buy a house by name, red star news had previously reported that mr. Yang had not given the court the reasons for his inheritance rights to children born out of wedlock, but had claimed that he was single at the time, for reasons of protection of pre-marital property, which had been pointed out by the court at first instance。
In response, mr. Yang explained to the second instance judge that the information network had not been widely available nearly 20 years earlier and that he was unaware of the earlier amendments to the marriage act concerning protection of premarital property. In his appeal, mr. Yang added the fear that unmarried girlfriends would force their children to marry and claim property。
Prior to the hearing, mr. Yang submitted 65 exhibits, a catalogue of over 20,000 words, of which about 54 were added。
Many of these evidences were based on written testimony from witnesses, three of whom also gave video testimony, most of them stating that yang had indicated that “the three courtyards belonged to my father”. Other witnesses indicated that they had previously seen the property certificate in mr. Yang。
At a previous trial, yang fong presented the originals of the property certificates for the three courtyards and stated that he had been given them after the transfer. Mr. Yang, on the other hand, indicated that the originals of the property certificate, the contract for the purchase of the house, the tax invoice had been kept in his own custody, and that yang had not been found in the safe until he had taken it without his consent. During this second hearing, mr. Yang submitted an e-mail containing a scanned copy of one of the courtyard certificates to young in 2015。
In addition, mr. Yang has submitted a number of micro-credential dialogues in which he has not denied or refuted mr. Yang's ownership of the three four houses。
As already reported in red star news, mr. Yang, at first instance, submitted a micro-letter chat, in which he proposed to sell the house, which yang objected to, but did not speak in the name of the owner, and said that “the yard would never be bought again, begging to think twice”. Young yang fong claimed that this was a respectful response based on paternity. The court of first instance held that it was difficult to conclude that mr. Yang had accepted the use of his name to buy a house or that mr. Yang was the owner, taking into account the clarity of the father-son relationship and the content of the microtrust。
As to the evidence of the yang fong, according to mr. Yang's counsel, during the pre-trial exchange of evidence, the yang fong did not submit any evidence, but submitted three additional evidence, including a recording of his telephone conversation with his cousin。
The father-son struggle continues
Father said there was no property in his name
The son says he has a lot of other wealth
Young yang has always said to the court, relatives and friends, including his cousin, and to mr. Yang that mr. Yang's desire to sell his house and bring legal proceedings was prompted by his younger son's mother. During the correspondence provided by mr. Yang, the journalist observed that his father's emotional balance was biased towards his brother after he thought that he was with him。
During the conversation with her cousin, yang had some accounts of his father's and son's relationship and expressed the pain of being brought to court. "i had a very harmonious family before, and i took my daughter back to him every week."
"my dad was really brainwashed. And i'm not willing to express myself, so in the end i'm going to talk to him, and then i'm going to talk to him, and i'm going to make him talk to him."
With regard to her “in any case, he will always be your father if he wins or loses the case”, yang replied, “it is not me who sues him, it is him who sues me.” xiao yang said, “i am completely passive”。
In a conversation with her cousin, yang admitted that he was “a little depressed”. "what kind of mind would you have if your father had sued you? ... It's bound to collapse."
He also mentioned that the judge of first instance had said that (in addition to alimony, mr. Yang) might require humane care. He replied: “it's not that i don't want to care for him, it's that he doesn't want me to care for him, he chooses to be on the other side and is brainwashed
“now that i have no other property in my name, and that i would have been able to retire from these three courtyards, i am homeless once the small property i borrow is demolished, and my eldest son has purchased and held other properties. He had not worked a day and had made some investments on his return and had been eating his old age. We have a number of common accounts, and in addition to selling the other three units i funded and renting income, he has withheld more money from me.” mr. Yang insisted on the property rights dispute in the four houses。
In addition, the evidence submitted by yang fang includes a monthly statement of mr. Yang's securities account for 2010, showing a market value of more than hk$ 30 million. In his view, mr. Yang's other wealth is not the only three courtyards he claims to have left. However, mr. Yang indicated that the stock had fallen sharply over the years and the current value of the stock in the account was low。
Experts:
Property transfers between close relatives are often not carried out in a formal manner
Avoiding the use of written evidence to fix disputes
In interviews with red star journalists, professor qiu xingmei of the chinese university of political science and law stated that in life, the acquisition, sale, gift, etc. Of property between family members or close relatives often does not take place under formal contracts, agreements, etc. Due to the trust of close relatives. However, in the event of a dispute as to the existence of a property right, it is difficult for the parties to produce effective evidence to substantiate their claim, to bring a case before a court, and for the court to establish the truth and to base its judgement only on evidence. The objective facts may be different from and consistent with the facts as evidenced by the evidence。
“as a result of the proceedings, the probative weight of witness statements and other circumstantial evidence, particularly in relation to property rights disputes, is generally higher than that of other evidence.” in order to avoid such controversy in the present case, mr. Choi indicated that it would have been preferable for mr. Yang to fix the facts in writing in a way that would have proved his claim at a later stage. It has been assumed that when the fourth court of dispute was transferred from the company to yang, yang was of full age and that a written agreement between the father and the son identifying the owner would be best。
Qui singmi also reminded that the distribution and division of property between close relatives or family members should preferably be assisted by legal professionals in the production of written agreements. A written document produced by the parties themselves may sometimes be difficult to produce the desired effect in the event of subsequent litigation due to lack of familiarity with the law and lack of satisfaction with the language。
Red star reporter, huywin, koo-chul, beijing
