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judgment permitted except Zhang golden and Shimou divorce

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发表于 2014-9-23 22:49:43 | 只看该作者 回帖奖励 |正序浏览 |阅读模式
A house two wife two judgments,http://staging.therxreview.com/forums/activity
A decision will be a judgment of the property to his ex-wife to his second wife now fully into force
Beijing champion caught in the cycle of real estate lawsuit
Obviously ex-wife's house, he was court found his wife's property became the second marriage. Two court made the opposite decision, a copy of the judgment to the estate of his ex-wife,moncler nuova collezione, another awarded two married wife. Both judgments have now been effective.
Faced with these two judgments,peuterey uomo outlet aiguille noire de peuterey, 81kg champion Zhang in Beijing Jinsuo quite helpless, he decided to reward people who help him.
Divorce
Guilty and his ex-wife divorced
In the Baidu search for "champion Zhang golden" words, there will be many results are displayed, these results will clearly show the identity of this person Jinsuo Zhang: 2011 Beijing inaugural champion of civil trials 81kg boxing champion - Beijing champion.
But when this is already 48 years old and has the title of champion Zhang Beijing golden sat in front of reporters, but it is very shy, so say something embarrassing moment.
Zhang Jinsuo first wife named concise,hogan scarpe prezzo outlet hogan ufficiale, was introduced in 1987 to combine the two together, marriage gave birth to a son. Three homes, although poor, but also a nice enjoyable.
Because Zhang golden childhood love of the sport of boxing, I often go to a boxing club training. 1999 day, Zhang is the club for training female students Shimou Jinsuo know, the two first commensurate with mentoring, but soon after had a feeling.
December 2003, indefensible and his wife Zhang golden simplicity to court mediation divorce. For compensation of psychology, at the time of signing the divorce agreement,http://www.xinhelan.com/home.php?mod=spacecp&ac=blog&blogid=, Zhang golden couple put together in early 2003 at the Huilongguan loan to buy a set of affordable housing left his wife simple, due to the completion of housing loans outstanding, so simple and agree to the house temporarily inhabited by Zhang golden, and repaid the loan in January 1, 2008 return.
The second divorce lost house
After the divorce Zhang golden justifiably and Shimou to live together, in 2005, the two official registration of marriage, marriage has been living in Zhang and his ex-wife concise Jinsuo loan in the purchase of affordable housing.
Because Zhang Jinsuo relatively hot temper,moncler bologna outlet moncler italia, coupled with his and his ex-wife after the divorce has been simple and feels guilty, so the ex-wife's life has been great concern. Over time, Zhang golden Shimou some actions for quite dissatisfied with the final and finally a war broke out between the two men,nike pas cher france, and the outcome of the war is to divorce.
The summer of 2007, Zhang Jinsuo will sue to Shimou Changping District Court, requesting the court to divorce, and property law division of the two.
I did not expect to make Zhang Jinsuo is Shimou statement in reply directly agreed to divorce, but in the division of property in the Zhang golden staying together with his ex-wife's house counted into the matrimonial property, asking the court to assign to the suite under their own name.
Are "signed on behalf of" Blame
The reason Shimou asking the court to his ex-wife Zhang golden and affordable housing loans for the purchase of the judgment to his name, she presented to the court their own reasons.
Shimou said she and Zhang Jinsuo from 2000, began living together,abercrombie de paris usine abercrombie, both in the economy during the cohabitation merged into one place. And Zhang golden when buying this at Huilongguan affordable housing, is together with her to go on the share purchase contract is her signature golden sheets signed on his behalf.
This argument Zhang Jinsuo explained to the court of the situation at that time buyers: "I was still with my ex-wife simple life together, to purchase affordable housing is to be investigated by the housing authority family economic situation, I and wife together to accept the inspection and, ultimately, Eligibility And, along with my ex-wife to the bank loan, the bank together and me and ex-wife signed the loan contract. "
As Shimou ghostwriter buyers signature, Zhang golden explained that the contract must be signed by him and the ex-wife arrived at the scene together, but the day of his ex-wife is sick, he had to temporarily take Shimou make up the scene, and now think of it really regret it.
"That Shimou suddenly told me that my signature does not look good, she was asked for my signature,spaccio peuterey milano peuterey saldi, so will have her ghostwriter's signature written on the purchase contract." Zhang Jinsuo said.
Trial
Property owned by the second marriage of First Instance wife
December 3, 2007, Changping District Court made a verdict, judgment permitted except Zhang golden and Shimou divorce, but also affordable housing Huilongguan judgment given Shimou.
According Changping district court found the fact that Zhang Jinsuo in 2000 and soon began living together after Shimou know, from the economy really merged into one place, both cohabitation earlier than Huilongguan set of affordable housing to buy time, and in the purchase contract There ghostwriter Shimou signed on, so that the houses should be regarded as Zhang golden and Shimou matrimonial property.
Ultimately,nouvelle nike air max nike air max 1, the court set of affordable housing owned by Shimou all.
Muhammad refused to accept the second instance upheld
Zhang Jinsuo after receiving the first trial, the verdict based on careful study and found that the dossier Changping District Court, there is the testimony of two witnesses Shimou submission.
Both are from the testimony of neighbors Shimou have this sentence: "They both (Zhang golden and Shimou) is probably around 2000 began to live together, to live together for several years, then moved out after marriage registration. "
Changping District Court is based on this testimony identified several sheets from 2000 Shimou Jinsuo and began living together and merge into one place on the economy. However, these witnesses did not testify.
So Zhang golden in the end is not from the beginning of 2000 and Shimou cohabitation out? Zhang's this golden neighbors also issued a number of witness testimony, showing Zhang Jinsuo to divorce before the end of 2003 and concise, has been living at home. Zhang Jinsuo's ex-wife also provides concise testimony to prove that Zhang has been living at home in front of golden divorce, and others "cohabitation and economic merger a" situation does not exist.
Zhang Jinsuo first instance verdict appeal,http://www.corelearningunit.nhs.uk/item/create_form/1, but in June 2008 in the Court upheld the original verdict. Then,  please enforced, Changping court house will soon be executed to Shimou name.
"Housing wins" war timetable
December 2003
Zhang Xicheng court divorce mediation Jinsuo and concise, succinct agreed house owned by all, Zhang golden temporary residence, to return before New Year's Day 2008
December 2007
Zhang Changping court Jinsuo and Shimou divorce, house owned by Shimou all
January 2008
Simple sued Zhang Chaoyang court mediation agreement Jinsuo fulfill restitution houses. July, the court ruled that the house owned by concise All
June 2008
The Court upheld a court verdict to maintain Changping, houses owned by Shimou
June 2008
Please enforce court Shimou Shen Changping, get housing
August 2008
Chaoyang Court seeking to enforce concise,http://www.amiscu.com/cgi-bin/index.cgi, to no avail
December 2008
City Changping Court and the High Court finds that a Court hearing the facts are unclear, the Court ruled that sends back a retrial
December 2009
Court upheld a retrial
A few years down the lawsuit,http://bbs.yingyu.com/thread-29138-1-1.html, Zhang Jinsuo almost bankrupt.
Lost the simplicity of the house two years disease-ridden,air max 90, hair once every two or three days of high fever,abercrombie & fitch femme abercrombie et fitch paris horaires, mental near collapse.
"I was sorry for them, I promise to come back to her house, but I did not do." Zhang Jinsuo said.
But that is in the past few years while litigation, Zhang golden on boxing career was singing all the way to the medal of the boxing championship finals held in Beijing Boxing Association. October 2011, Boxing Championship finals will be held, the contention is that the piece of pure gold champion with a gold belt.
Jinsuo Zhang said in an interview: "I want to fight every effort to seize the piece of pure gold champion belt,mulberry tillie bag mulberry style handbag, who can help me win the lawsuit if I put the belt given to him, and never go back!"
Outcome
His ex-wife's decision to become a legal IOUs
January 2008 is golden and concise Zhang agreed houses due to return days. For Shimou and Zhang Changping Jinsuo in divorce court and Shimou "win room" ignorant things simple, the Beijing Chaoyang court proceedings, fulfill the requirements Zhang golden divorce agreement signed in 2003, will be staying in the house returned to her.
Simple submitted to the Chaoyang Court that she and Zhang golden divorce court mediation and property division agreement. Year in July, the Chaoyang Court ruling that all affordable housing owned concise. Soon, this judgment occurred legal effect.
When simple Chaoyang Court verdict holding the commencement of the Executive Board to find the Chaoyang Court, the judge found Changping Court has executed the room. So tell succinctly: "The other side is the instrument of the Court, the Court can not fight the two can not be executed!." In this way, simple in the hands of the verdict became law IOUs.
Court refuses to accept a verdict of Zhang Xiang golden city of Superior Court appeal, request for retrial. December 2008, the High Court of the city finds that the two trial courts lack the relevant evidence in adjudicating cases, and the error of law, the Court ruled that a retrial back.
In the retrial court, Zhang golden notify their neighbors to court to testify. Many witnesses unanimously confirmed that Zhang Jinsuo before the end of 2003 did not return home, from the time there is no cohabitation with Shimou fact. But in the end December 2009,http://my.5754.cn/home.php?mod=spacecp&ac=blog&blogid=, the Beijing Intermediate Court upheld the trial or verdict, citing Zhang golden retrial testimony provided new evidence of belonging, and therefore inadmissible.
Dialogue concise attorney
Because Zhang Jinsuo ex simple physical condition is not very good, the reporter linked to the simple attorney Zhang Jinghui. Mr. Zhang told reporters, concise and now just want to get back their property.
FW: When the 2003 purchase this fitness room, whose name is a buy?
Zhang: Zhang was concise and golden couple applications together, eventually won the purchasing qualifications. Moreover, the two of them together is the money the bank loan, signed the loan contract with the bank appointed lawyer present testimony.
FW: When , why not go simple?
Zhang: simple contract a fever the day before did not go, they said good write a golden name. But she worried that require couples to sign a contract when the scene together, so she and Zhang Jinsuo say let him find a woman to go, but do not know looking for a Shimou.
FW: concise know Shimou since 2000 and Zhang golden on cohabitation thing?
Zhang: Until the couple divorced, simple do not know Zhang golden and Shimou cohabitation, because Zhang Jinsuo normal home every day.
Dialogue Shimou
Zhang Jinsuo Shimou second wife, said Zhang golden argument is wrong, she believes the law.
FW: When the 2003 purchase this fitness room, whose name is a buy?
History: In 2003, I and Zhang Jinsuo based on our purchases on behalf of the two set of affordable housing, and all the formalities are my run.
FW: the purchase contract, why did you sign the sheets golden name?
History: Before the contract, Zhang golden suddenly raised, how can a man do not own a house? So, I signed the contract on his name.
Legal Inquiry
■ Why the High Court remanded the case, the Court also upheld a?
City Bar Association Professional Committee of Civil Procedure high police soldiers lawyers believe that under the provisions of the Civil Procedure Law, the Beijing High Court retrial procedure starts, you can own arraignment, you can command a retrial in the hospital. Outcome of the trial, there are two: commuted or upheld, are in line with the program.
The "new evidence" that can be adopted retrial must be before the end of the trial the trial objective, but objective reasons can not be achieved, or re-identification, the overthrow of the original inquest findings. Zhang Jinsuo retrial testimony provided does not comply with this situation, one hospital may be inadmissible.
■ For the retrial upheld the results, Zhang Jinsuo also appealed to the High Court do?
High police soldiers lawyer explained, Zhang Jinsuo can not appeal a. Because for retrial of the case, if the original judgment or ruling made by the court of first instance,http://www.prco.jp/~shake/apeboard/apeboard_plus.cgi?command=read_message&msgnum=10/, you can appeal; but if it is made by the court of second instance can not be appealed.
China Law Society member,adidas adizero lt mercurial vapor superfly, Beijing lawyer Zhang Ping Yi Fang believes that in the present case, the Higher Court should accept this case again, and since the trial, doing full compliance with the Civil Procedure Law.
■ Shimou replace Zhang golden signature behavior is kind of what behavior?
Beijing Zhong Guan Li Qingshan Law Office lawyers that Shimou replace Zhang golden sign the purchase contract can not prove Shimou is co-owner of the house, can not prove that the two have a common economic life, such behavior is only a civil agent behavior, the legal consequences of the act shall be borne by Zhang golden.
According to the relevant judicial interpretations, without justifiable reasons not to testify in court testimony, can not be used alone as the basis of facts of the case, the witness is indeed difficult not to appear in court, the court permission to submit written testimony.
■ cohabitation in the "economic merger a" What does it mean?
Li Qingshan lawyer believes that "economic merger a" not a legal term, meaning in this case is that both sides should jointly disposable income. Even if the two sides of the disposable income together, but also can not be identified Zhang golden located Huilongguan house owned by Shimou all, since when Shimou just signed on behalf of Zhang signed a purchase contract, and its behavioral effects attributable sheets.
■ Zhang Jinsuo present how to do? Zhang Jinsuo currently has three channels to go:
1 to the one reflected in the Dean case.
According to the provisions of the Civil Procedure Law, President of the Court at all levels of the hospital has a legally effective judgment,http://www.fjct.fit.ac.jp/pukurin/oa/cgi-bin/bbs/patio.cgi, ruling, has found that there is an error that needs retrial, the Judicial Committee shall be submitted for discussion and decision.
2 to the Supreme Court or the Beijing High Court appeal. Supreme Court ruling on the legal effect of the local courts at all levels have taken place, ruled that a higher court against the lower court's judgment or the force of law finds a definite error is entitled to the lower court for retrial arraignment or instruction.
3 to the Procuratorate protest.
Edition text / feature articles Reporter TIME reporter Liang
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