"The爆炸新闻 main case of 3 million real estate premiums in Shanghai" has made the latest progress.
On December 15, the reporter learned from the team of Lawyer Gao Mingyue, the acting agent of the fruit stall owner, that on December 14, the team received the "Civil Judgment" from the Shanghai Baoshan District People's Court.oneThe trial showed that the property involved in the house and the house was owned by the plaintiff (the leader of the fruit stall Liu).
"Civil Judgment" from the Shanghai Baoshan District People's Court provided by Lawyer Gao Mingyue.
Earlier, according to several media reports, the wife and son of an elderly man in Baoshan District, Shanghai have died. They live alone and have been taken care of by Liu in the community fruit stall Liu.
Later, the old man decided to entrust both his old age and heritage to Liu, including his own real estate worth 3 million yuan, and the related support agreement was notarized.
On December 31, 2021, the elderly died, and the elderly's sister and other family members raised objections to the distribution of heritage.
3 million real estate presented fruit stalls main quotes controversy
The reporter learned that the plaintiff of the case was Liu Mou, the leader of the fruit stall, and the defendant was the elder's sister and nephew.The main lawsuit request of the plaintiff is: 1. The request to order a real estate and in -house property in Baoshan District, Shanghai shall be owned by the plaintiff; 2. The request to order the bank's bank deposit balance and interest to the plaintiff.
The defendant did not agree to the plaintiff's complaint.
The elder sister's sister argued that before 2017, his elder brother had a mental disorder, and his behavior should be limited. When he was hospitalized in July 2017, the elderly were diagnosed with cerebral infarction and dementia.It is impossible to further confirm the diagnosis. When the elderly signed the "Prevention and Support Agreement", the elderly did not have full capacity for civil behavior, and the signing agreement was invalid.
On November 25, 2020, the community where the elderly lived in Baoshan District, Shanghai.
The court tried that in August 2017, the elderly (Party A, a donor, and the supporter) and Liu (Party B, the receiver, and the supporter) signed the "Premium Support Agreement".
The above agreement stipulates that Party A is willing to give Party B all the personal property in Article 1 of the agreement, and Party B shall bear the obligations of Party A; Party B is willing to bear the obligations of Party A and accept Party A's premium.
According to the content of the agreement, the property of the elderly includes a set of real estate in Baoshan District, deposits, and the in -house property.Liu was responsible for the obligation to eat, wear, live, live, travel, medical care, pension, etc., referring to life -care, financial help, and comfort.
Regarding the transfer of the ownership of the premium property, Party B shall not transfer or dispose of Party A's personal property before Party A. Party A shall go through the ownership transfer procedures for the premium property within 30 days after Party A's death.
On March 12, 2019, the Shanghai Putuo Notarization Office issued a notarization of the "Prevention Affairs Agreement" and issued the "Notary".
The content of the "Notary" shows that after investigation, in August 2017, the "Prevention and Support Agreement" had legal civil rights and civil behavior capabilities stipulated in the law when setting an agreement.
Regarding the notar recording video of the gift support agreement, the plaintiff believed that it could reflect the true meaning of the elderly, and the defendant believed that the elderly had many logical chaos and inconsistent expression in the recording video.
During the trial, the original and defendants confirmed that the dispute was the personal property of the elderly, with a value of 3.3 million.
What is the physical condition before the old man
The judgment shows that the old man was hospitalized due to pneumonia in July 2017.At that time, "Disease Records" showed that patients had interrupted nonsense and chaotic seizures, so they applied for neurology consultation.The opinion of the consultation opinion is: "The patient has gaps and nonsense, the consciousness is clear, the answer is cut, and the elderly dementia has no special treatment." In June 2020, the elderly were also admitted to the hospital for injury.
In April 2021, the Institute of Judicial Appraisal Science issued the "Judicial Appraisal Opinions". The appraisal opinion was: "The patient's quality mental disorder should be rated as no civil ability."
In May 2021, after the court's decision, the old man was declared as a person with no civil behavior.
In addition, the court also commissioned the Shanghai Mental Health Center Judicial Appraisal Institute, the Institute of Judicial Appraisal Science, the Judicial Appraisal Center of the Shanghai Medical College of Fudan University, and the Shanghai Fenglin Judicial Appraisal Center to identify the civil abilities of the elderly in March 2019.Both are not accepted due to the ability to exceed the scope of the appraisal agency or the required materials.
Regarding the status of the elderly when applying for notarization, the relevant notarized personnel of the notary office investigated the transcript show: "I reviewed the status of the elderly when the notarization was applied for notarization.The agreement was signed in 2017. I came into contact with him in 2019. The old man recovered well. The speech was very clear.Do not give my relatives, it is very clear and firm ... The parties have confirmed the gift -supporting agreement signed in August 2017 in March 2019. This is not a problem.","
Court judgment: Elderly houses and in -house property
Return to Liu
The People's Court of Baoshan District, Shanghai believes that after the inheritance begins, in accordance with the legal inheritance, if there is a will, it will be handled in accordance with the will inheritance or the bearing; if there is a gift agreement, it shall be handled in accordance with the agreement.Citizens can sign a bearing support agreement with the supporter, the supporter has the obligation of the citizen's life, nursing, and burial, and enjoys the right to be given.The premium support agreement is the legal act between the two parties. The content of the gift agreement involved in the case is legal. The gift support agreement is also notarized at the notary office.
The court pointed out that although the old man was declared as a person -free ability of civil behavior in May 2021, there was no evidence to prove that he was already in the time of signing a gift support agreement to restrict civil behavior or ability without civil behavior, so the agreement is the true meaning of the two parties., Have legal binding power according to law.Evidence of the defendant's proof of medical treatment and diagnosis could not be concluded that the elderly's behavioral ability was limited when signing a gift support agreement, and there was no evidence to prove that the gift support agreement was not the true meaning of the elderly.
The court said that the existing evidence that the defendant could not meet the ascendant of civil evidence's advantages should bear the consequences of unfavorable evidence.The court's opinions on the defendant's invalidation of the defendant's support agreement were not accepted, and he believed that he should respect the aspirations of the heir and the right to act on the property it.
On December 12, 2023, the court judged in the first instance that the old man's house, the inner property of the house, and the funds and interests of the three accounts under their names were owned by the plaintiff Liu.
Lawyer Gao Mingyue said that the monitoring agreement was valid and the fruit stall owner assumed the responsibility of the guardian.The premium support agreement is valid, and the fruit stall owner fulfills the obligation to live and be buried.