The son and daughter-in-law are about to divorce, at this time the father-in-law sued the son and daughter-in-law in court, saying that the down payment for the house purchased by the young couple was borrowed by himself, and the two have not returned it, so they demand immediate return. The daughter-in-law believes that there is no loan, and Liu Moubin's request for repayment is intended to reduce the joint property of the husband and wife through litigation.
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The public says that the public is reasonable and the wife is reasonable, how should this affair be judged? A few days ago, the hunjiang District People's Court of Baishan City, Jilin Province, tried a case concerning a dispute over a loan contract between plaintiff Liu Moubin and defendants Liu Moubin and Jiang Mouling, which has been heard.
According to the judgment, Liu Moubin filed a lawsuit in court that Liu Moubin was Liu Moubin's father. In order to take care of his son, Liu Moubin sold his house in Yanji City, Jilin Province, went to Baishan City to buy a house, and in July 2008, he gave Liu 160,000 yuan to buy a house in Baishan City. In July 2015, Liu divorced his ex-wife Sun.
In March 2016, Liu and Jiang Mouling married, and in 2018, Liu went to Work in Haiyan County, Zhejiang Province. This time, in order to take care of his son and granddaughter, Liu Moubin sold the house in Baishan City again, and after receiving the house payment, he went to Haiyan County to buy a house.
This time can be described as a family relocation, not only the old father sold the house, Liu also sold the house in Baishan City, and the whole family moved to Haiyan County. Because Liu and Jiang Mouling need to buy a house in Haiyan County, the 290,000 yuan realized by Liu's house is not enough to pay for the purchase, so the young couple borrowed 200,000 yuan from Liu Moubin.
After Liu Moubin lent money to his son, the money in his hand could not buy the house he wanted to buy before, and the housing loan in Haiyan County was more complicated, and Liu Moubin was also older and could not take out a loan. At the suggestion of the housing agent, Liu Moubin's father and son discussed the purchase of a house in Haiyan County in the name of Liu Moubin and his wife, and the down payment of the house was 386,211 yuan, which was actually paid by Liu Moubin, and the monthly payment was transferred from Liu Moubin's bank card to Liu Moubin's bank card.
After the house was delivered, Liu Moubin repeatedly requested that the property be changed to his name, but Liu and Jiang Mouling refused to transfer the house on the grounds that the house was jointly owned by the husband and wife.
In order to protect his legitimate rights and interests, Liu Moubin had to sue his son and daughter-in-law in court, requesting the court to order the two defendants to perform their debts and return the arrears of 434,512.36 yuan.
Liu argued in court that what his father, Liu Moubin, said was true.
For this money, daughter-in-law Jiang Mouling has another opinion, she believes that the lawsuit is a farce directed by Liu Moubin's father and son, intending to reduce the joint property of the husband and wife through litigation.
Jiang Mouling argued that the fact that Liu borrowed money to buy a house in Tongyuan Town, Haiyan County, Zhejiang Province, simply did not exist, and Jiang Mouling did not borrow money from Liu Moubin to buy a house in Tongyuan Town, Haiyan County.
On January 26, 2021, Liu Moubin sued the Haiyan County People's Court, asking Jiang Mouling and Liu to assist in registering the change of the house in Tongyuan Town, Haiyan County, Zhejiang Province, to the names of Liu Moubin and Liu's mother, Wang Min, and because there was no factual and legal basis, the two applied for withdrawal of the lawsuit, and the court approved the withdrawal of the lawsuit.
Before purchasing a house in Tongyuan Town, Haiyan County, Jiang Mouling and Liu Mouling borrowed 200,000 yuan from Liu Moubin and Wang Min for the purchase of a house in Chang'an Town, Haining City, Zhejiang Province, and issued an IOU to Liu Moubin and Wang Min when borrowing.
During the divorce proceedings, Liu Moubin and Wang Min filed a lawsuit at the Haiyan County People's Court on January 26, 2021, demanding that Jiang Mouling and Liu repay the loan, because the fact of borrowing money to buy a house existed, Jiang Mouling recognized the fact of the loan, and after mediation by the people's court, Jiang Mouling and Liu jointly repaid Liu Moubin and Wang Min's loan of 200,000 yuan.
In the case that Liu Moubin and his wife sued jiang mouling and liu mou to assist in registering the house in Tongyuan Town, Haiyan County, Zhejiang Province, in the name of Liu Moubin and his wife, Liu Moubin and Liu moubin again through litigation, claiming that the loan was used to achieve the purpose of reducing the joint property of Jiang Mouling and Liu Mouling.
In summary, Jiang Mouling claimed that she did not borrow money from Liu Moubin when purchasing a house in Tongyuan Town, Haiyan County, Zhejiang Province, and if Jiang Mouling borrowed from Liu Moubin, she would also issue an IOU to Liu Moubin as if she had purchased a house in Chang'an Town, so she requested the people's court to reject Liu Moubin's litigation claim and safeguard Jiang Mouling's legitimate rights and interests according to law.
After trial, the court found the following facts:
Liu Moubin is Liu Moubin's father. Liu and Jiang Mouling are husband and wife. At the beginning of 2019, Liu and Jiang Mouling, as buyers, purchased a house in Tongyuan Town, Haiyan County, Jiaxing City, Zhejiang Province, with a total price of 636,211 yuan, a down payment of 386,211 yuan, a loan of 250,000 yuan, and the repayment method was monthly repayment.
From December 26, 2018 to January 26, 2019, Liu Moubin transferred a total of 400,690 yuan to Liu through the mobile banking of industrial and commercial banking of China. From January 8, 2019 to February 19, 2019, Liu made the down payment of the above house of RMB376,211 to Haiyan Real Estate Co., Ltd. in three installments.
From February 28, 2019 to September 22, 2020, Liu Moubin repeatedly transferred a total of 74,873 yuan to Liu through mobile banking or WeChat transfer. After buying a house, Liu repaid the mortgage of about 2,000 yuan per month until May 2021, accumulatively repaying more than 40,000 yuan. The house involved in the case has been completed and has not yet gone through the formalities for entering the household.
It was also found that Liu and Jiang Mouling had filed divorce proceedings in this court due to emotional discord, and the case was being tried.
This court believes that Liu Moubin claimed that the house involved in the case was purchased in the name of his son Liu Mou and daughter-in-law Jiang Mouling, and that the house was paid by him for the down payment and repayment of part of the loan, although the transfer certificate was provided to prove that the capital contribution of the house involved in the case came from Liu Moubin, but his claim to borrow the name to buy a house only provided WeChat photos and witness testimony, and the witness did not appear in court, which is not enough to confirm the authenticity of his borrowed name to buy a house, and it cannot be ruled out that Liu Moubin's contribution to the purchase of the house was a gift to Liu and Jiang Mouling. Therefore, Liu Moubin claimed that Liu and Jiang Mouling should bear debts and repay the arrears of 434,512.36 yuan, which was insufficiently based on the evidence and was not supported by this court.
In summary, according to the first paragraph of Article 64 of the Civil Procedure Law of the People's Republic of China, "the parties have the responsibility to provide evidence for their own claims." And Article 90 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China states that "a party shall provide evidence to prove the facts on which its own litigation claims are based or on which it is based in its rebuttal of the other party's litigation claims, unless otherwise provided by law." If, before making a judgment, the parties fail to provide evidence or the evidence is insufficient to prove their factual claims, the party with the burden of proof shall bear the adverse consequences", and the judgment is as follows:
Liu Moubin's litigation claims were dismissed.