In Ganzhou, Jiangxi, seeing that the friends around him were getting married one after another, the man Guo Also began to be anxious. Subsequently, Guo secretly went on a blind date on the marriage software and met the woman Fang. The two were very anxious, chatted for a week, and had a good impression of each other, so the two met and then talked about marriage very bluntly.
Guo Mou was very happy, Fang Someone looked good, and he was sincere, and his fate finally arrived. Before this, Guo Was still afraid that he would not speak, would not coax girls to be happy, could not find a daughter-in-law, did not expect that the good fortune was destined, and the good couple was natural.
After about three months, the two began discussing marriage. Fang said that before getting married, Guo needed to buy a suite, which was really not OK, and it was also possible to build a house in his hometown.
Guo Mou thought that after marriage, the two wanted to work, and it was unrealistic to go back to their hometown, so he took out a down payment of 85,000 yuan, and together with Fang, he borrowed 530,000 yuan and bought a second-hand commercial house with a total price of 680,000 yuan.
After buying the house, Guo bought a gold ring for Fang, and the two of them were settled. In addition, Guo will occasionally send a 520 red envelope to Fang, a little happy.
When Guo was ready to be a groom, suddenly one day, he found that Fang was interacting with other men, and Guo could not accept it at that time. Subsequently, Guo secretly followed Fang and found that Fang was not only in contact with the man, but also took the other party to the rental house and lived together for a long time.
How can this be? How did it suddenly change when he said he wanted to live with himself? Guo mou could not think straight.
What makes Guo even more incomprehensible is that shortly after this, Fang married each other and officially moved into the house he bought with Fang with his parents.
The marriage room prepared by himself and Fang, but Fang married and moved in, Guo was struck by lightning and almost collapsed.
In a fit of rage, Guo took Fang to court, asked him for explanations, and demanded that Fang return the money he had given her, gold rings and other items, as well as the division of the jointly owned property.
1. It is reported that soon after the two met, Guo transferred 400 yuan, 520 yuan and 600 yuan to Fang in small amounts.
And the two were "talking about marriage and getting married" at the beginning, and there was a purpose of marriage, legally speaking, Guo Mou was a gift of "for the purpose of marriage".
Article 158 of the Civil Code provides that civil juristic acts may be conditional. Civil juristic acts that meet the conditions for entry into force shall take effect when the conditions are fulfilled.
Article 661 stipulates that a gift may be accompanied by obligations, and where a gift is accompanied by obligations, the donee shall perform the obligations in accordance with the agreement.
In the case that both parties know that it is a gift "for the purpose of marriage", If Fang has not married Guo, he should return the property given to her by Guo.
2. The house that Guo and Fang paid down together in the county belonged to the common property of the two.
At that time, the two were in a romantic relationship, thinking that they would get married in the future, and they did not divide you and me. Now that Fang has changed his mind and married another person, legally speaking, Fang should refund part of the house payment paid by Guo and go through the registration of the change of real estate.
The real problem is that the house of the two people is bought by a loan, and if the housing management department wants to go through the change procedures, the two people need to repay the loan first, and the loan of more than 500,000 yuan, both sides are powerless.
In the end, after mediation by the court, it was determined that the house involved in the case belonged to the woman, the woman undertook the mortgage, and the 80,000 yuan paid by the man was returned by the woman, and after the woman paid off the mortgage, the man cooperated with the change procedures.
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