Lawyer's character

"There is no evidence." said the defendant's lawyer.

This is understandable. After all, the party who proposed to rescind the contract is the plaintiff. The plaintiff needs to provide evidence to support the defendant's fraudulent behavior. The defendant only needs to cross-examine the evidence submitted by the other party that is unfavorable to him.

“Previously, the plaintiff applied to this court to go to the county public security bureau to obtain evidence. According to the application, this court obtained relevant case materials. The case materials showed that no abnormal death occurred in the property traded between the two parties, and the murder scene was a small building on the roof. Garden..." After the female judge finished speaking, she handed over the relevant evidence to the original and defendant for cross-examination.

“The plaintiff admitted this evidence, but the evidence collected showed that a murder had occurred in the small garden connected to the transaction property, and a total of six people died, including a family of five and one murderer.

The small garden is actually used by the defendant's family and is relatively independent and different from public places. It was modified from the terrace provided by the developer when buying the house, and should be regarded as the whole house.

Although the murder did not occur in the house, but in a small garden connected to it and relatively independent and used exclusively by the defendant, the plaintiff also took a fancy to the function of the garden when he bought the house, so the two cannot be treated separately.

Cross-examination completed. "Fang Yi said.

After listening to the judge's words, Fang Yi's brain was thinking rapidly. When he discussed the case with Li Bin before, he did not ask whether the crime scene was indoors or in a small garden. He instinctively thought that it should be both. Now after the judge collected the evidence, it was clear that the scene of the incident was not indoors, which made Fang Yi feel very passive.

However, when he saw the floor plan of the interior and the small garden, he had an idea. The two were connected and for exclusive use, which meant that the small garden was exclusively used by the original owner. From this point of view, it seems that we can rely on a whole. As long as it is recognized as a whole, this case still has a chance.

"The defendant accepts this evidence. The small garden is not within the area of ​​the property sold by the defendant, and the sales area stipulated in the "Existing House Sales Contract" does not include the small garden. Therefore, the defendant does not commit fraud." The defendant's lawyer smiled and looked at the plaintiff opposite. Xi thought to himself: You kid, you still want to fight with me. You don’t even know where the crime scene is. You still want to win the case. Just dream.

"Defendant, is the small garden connected to the property for sale? Can it only be used by the defendant?" The female judge asked: Do these two people know the specific situation? It seems that they need to go to the scene to see.

"The two are connected, but the small garden is not within the sale area and does not belong to the defendant." The defendant's lawyer said.

"Plaintiff, do you have any evidence to prove that the small garden is for the exclusive use of the original resident (defendant) and cannot be used by other residents?" the female judge asked.

"We have a floor plan." As he said that, Fang Yi submitted the floor plan of the property and small garden drawn by Zhou Hai and several photos of the passage connecting the house and the small garden to the judge.

"Defendant, look at the floor plan and photos." The female judge looked at the materials submitted by the plaintiff and handed them to the defendant.

"Because the house is under the control of the plaintiff and I have never entered it, I cannot confirm it." The defendant's lawyer scratched his head.

"Let's continue the trial. After the court, I will arrange time for both parties to go to the scene to see it. The plaintiff's lawyer will communicate with the parties in advance and we will go to the scene together." The female judge said.

"Okay." Fang Yi said.

…

"Now let's make the final statement, and the plaintiff will make the final statement." The female judge has already started to pack up the case files on the table.

Fang Yi picked up the attorney's statement that he had just revised and said: "The plaintiff believes that although the murder scene occurred in the small garden on the roof of the building, the small garden is relatively closed and connected to the house. It is actually used by the defendant's family. Although the defendant The small garden on the roof of the building does not have legal ownership, nor is it included in the scope of the "Existing Housing Sales Contract" signed by both parties. However, the small garden is objectively different from other public areas in the community and cannot be used for other purposes. People use it, and it has actually become integrated with the property involved in the case.

When the plaintiff purchased the property, both the real estate agent and the defendant introduced the small garden to the plaintiff as a highlight. The small garden has become an important consideration in the plaintiff's transaction, which is in line with daily transaction habits.

Therefore, whether an abnormal death occurred in the small garden will seriously affect the real estate transaction in this case, and will also have a serious impact on the plaintiff's subjective feelings. Just because the small garden did not fall within the scope of the transaction between the plaintiff and the defendant, we cannot turn a blind eye to the abnormal death that occurred in the small garden and consider it to have no impact on the transaction of the house involved in the case.

In addition, the fear of "haunted houses" is a subjective psychological feeling among Chinese people. Although the objective use of the property itself is not affected, this subjective feeling has reached a certain scale and is accepted by most people in society, which will inevitably affect the transaction value of the house. , will also affect the psychology of buyers. Therefore, the "haunted house" is not a purely subjective feudal superstition, but an objective public order and good custom.

Returning to this case, according to the materials provided by the public security department, an abnormal death event did occur in the small garden, and the event occurred while the defendant and his family were living in the property involved in the case. The defendant should have known about this situation.

The above situation is significant information that directly affects the real estate transaction. According to the principle of good faith, the defendant has the obligation to inform. When selling the property, the defendant should clearly inform the plaintiff of the above information, and the plaintiff can decide whether to purchase it.

Unfortunately, the defendant did not truthfully inform the plaintiff of the relevant situation. Instead, he deliberately concealed the true situation, thereby affecting the plaintiff's correct judgment and ultimately made statements that were contrary to his true intention. The defendant's conduct constituted fraud.

The court is requested to revoke the "Existing House Sales Contract" signed by both parties in accordance with the law and safeguard the legitimate rights and interests of the plaintiff in accordance with the law.

Statement completed! "

"The defendant is making his final statement." The female judge finished packing up the case file and said, "Plaintiff, please submit a representation statement to us."

…

After Fang Yi signed the trial transcript, he walked out of the court and took out his cell phone to call Zhou Hai.

"Lawyer Fang, is the court session over?" Zhou Hai's voice came from the mobile phone.

"Well, the court session is over. The last time the verdict was reached on the case between you and Li Yue'e, Li Yue'e's appeal was rejected. I don't know if she will appeal.

The court proceedings for this case have been completed today. The judge will go to the scene on Friday to have a look. You can arrange a time. The judge needs your presence to check the scene.

In addition, according to the evidence collected by the court during today's trial, the murder scene was not indoors, but in a small garden. Do you want to consider it..."

Before Fang Yi finished speaking, Zhou Hai said hurriedly: "Don't consider it, absolutely don't consider it. The small garden connected to the house is for their own exclusive use, just like the courtyard in our countryside. Killing people in the courtyard What's the difference between killing people in the house, I don't dare to live there anymore."