A dispute involving the ownership of a 1,600-square-meter real estate building in Nangang District, Harbin, because the parties claimed that they had "borrowed their names to buy a house", and since 1998, the three parties involved have repeatedly been in court against Bo Gonggong, which has lasted for 26 years.
Regarding the current value of the house involved in the case, the local agent told the Red Star News reporter that no such a large area of commercial housing has been sold, and the price of the 30-square-meter small store in the block where the building is located is about 300,000 yuan, and the average price is about 10,000 yuan. Therefore, the 1,600-square-meter building is now valued at least 10 million yuan.
For more than 20 years, the two parties have launched multiple rounds of litigation over the ownership of the property
Ms. Xing, one of the parties involved, said that she and Liu Mouxiang (who died in 2016) were husband and wife; In 1997, Liu Mouxiang purchased a building, and at that time, in order to avoid the division of property by another "wife" Sun, he borrowed the name of the company under the name of the third nephew to buy the house; After that, Liu Mouxiang became seriously ill, and Chen, the second nephew who was the actual occupant of the property, occupied the property and opened a hot pot restaurant.
Chen, on the other hand, said that the house involved in the case was purchased by his company and the house ownership certificate was handled, and the court confirmed that it belonged to him after several judgments, and Liu Mouxiang claimed that the house was purchased by him, but could not produce sufficient evidence.
The Harbin Intermediate People's Court made a judgment of second instance, and the court held that the company under Chen's name had handled the house ownership certificate and had legal ownership of the property. Since then, the court has upheld the original verdict after several appeals. At present, since Liu Mouxiang has passed away, Ms. Xing continues to petition and appeal, she believes that the house was purchased by Liu Mouxiang in full, and the house should not belong to Chen.
Wife's Statement:
In order to avoid dividing the property, the husband borrowed a company in his nephew's name to buy a house
Ms. Xing, 70 years old this year, said that in January 1987, she and Liu Mouxiang got married. Liu Mouxiang is 9 years older than Ms. Xing, and he was in business in his early years, investing and opening companies in many places, so he is not at home all the year round.
The certificates of the local police station and the community, as well as the findings in the relevant court judgments, confirmed the relationship between Ms. Xing and Liu Mouxiang.
Ms. Xing said that after many years, she learned that in 1991, during the marriage with Ms. Xing, Liu Mouxiang and Sun registered as husband and wife. Relevant documents show that Liu Mouxiang and Sun registered their marriage in May 1991.
Regarding her husband's "marriage", because Liu Mouxiang was not at home all the year round, Ms. Xing said that she knew nothing about it for a long time.
Ms. Xing said that in May 1997, Liu Mouxiang planned to open a hotel in Harbin and invested 5.3 million yuan to buy a building in Nangang District, Harbin. Unexpectedly, this building has become the fuse for more than 20 years and multiple rounds of litigation between Liu Mouxiang's wife and nephew Chen.
According to Ms. Xing, Liu Mouxiang was worried about being divided his property, so when he purchased the building, he bought the house in the name of a company in Harbin, and the legal representative of the company was Liu Mouxiang's third nephew. Due to the trust relationship of close relatives, Liu Mouxiang did not sign any agreement with the three nephews.
Liu Mouxiang also stated in the effective judgment of the court that in May 1997, in order to conceal Sun's knowledge, he purchased the building in the name of a company for a total price of 5.3 million yuan, and the real estate sales company issued two invoices for the purchase of 3.95 million yuan and 1.35 million yuan and a new house allocation certificate for him.
In October of the same year, Liu Mouxiang was overworked in the process of renovating the hotel and was hospitalized for a sudden large-scale cerebral infarction. During the treatment, Liu Mouxiang was unconscious. Ms. Xing said that during this period, her second nephew, Chen, used the building to open a hot pot restaurant.
The "ex-wife" sued for division of property
The court finally determined that the property belonged to the company in the name of the nephew
Ms. Xing said that she later learned that Mr. Sun and Mr. Liu divorced in 1998. According to the civil mediation document issued by the Daoli District People's Court of Harbin City on March 13, 1998, after the court mediated the divorce of Liu and Sun, the daughter was raised by Sun himself, and the division of property was clarified.
After Sun's "divorce", he found that Liu Mouxiang had invested millions to buy real estate. In December 1998, Mr. Sun conducted a civil lawsuit in the name of Mr. Liu in the Harbin Intermediate People's Court (with Mr. Sun as the agent), requesting the court to confirm that Mr. Liu and Mr. Chen had purchased a house in partnership.
Ms. Xing said that only then did she learn about her husband's purchase of the building, and Liu Mouxiang handed over the file bag containing the purchase contract, invoices and other purchase materials to her for safekeeping.
After that, Liu Mouxiang applied to withdraw the lawsuit. In April 2000, the Harbin Intermediate People's Court ruled to allow the withdrawal of the lawsuit.
Liu Mouxiang applied to withdraw the lawsuit
Regarding the withdrawal of the lawsuit, Ms. Xing said that the court proposed mediation in the case, and the mediation plan at that time was to let Chen's company return 4.5 million yuan to Liu, and the hot pot city would be continued by the second nephew Chen. Liu Mouxiang recognized the mediation plan, and with the intervention of Liu Mouxiang's sister, Liu Mouxiang proposed to withdraw the lawsuit. However, after the case was withdrawn, the Chen family did not make the payment.
Since Liu Mouxiang's sister has passed away, this statement has not been confirmed by other parties.
After that, Sun came to the Nangang District People's Court to sue Liu Mouxiang, demanding the division of the property, the cause of action was to confirm the ownership of the house, and Liu Mouxiang was listed as the first defendant, and Chen's company was the second defendant.
In September 2001, the People's Court of Nangang District, Harbin City, made a judgment that the court determined that the total price of the property was 5,952,075 yuan based on the purchase contract provided by Chen's company, and that Liu Mouxiang paid 3.4 million yuan for the purchase of the house based on the transfer records and other evidence, accounting for 57.12% of the total price of the house.
The court held that the property was purchased by Liu Mouxiang and Chen's company in partnership, and Liu Mouxiang was also responsible for the decoration of the house, and it should be determined that Liu Mouxiang and Chen's company jointly owned the house. The court then ruled that Sun had 28.56% ownership of the property.
During the first instance of this case, Chen handled the real estate certificate of the property.
Liu Mouxiang was dissatisfied with the first-instance judgment, believing that the houses were purchased by him, and hoped to get back all the ownership of the house, so he appealed. Chen's company argued that although Liu Mouxiang had made a capital contribution, the two parties had other capital transactions and bond debt relationships, and could not confirm the partnership co-ownership relationship based on capital contribution alone, and also appealed.
In November 2001, the Harbin Intermediate People's Court rendered a judgment of second instance. According to the judgment of the second instance, the court held that the company under Chen's name had handled the house ownership certificate and had legal ownership of the property.
After multiple appeals
The court still found that the house was owned by a company in the name of the nephew
Since then, Sun has appealed against this judgment several times, all of which have been rejected by the Harbin Intermediate People's Court and the Heilongjiang Provincial High Court.
Ms. Xing said that the building involved in the case had a total of four floors and a construction area of 1,626.5 square meters. "From the purchase of the house to the decoration, it is all handled by my husband, and in the acceptance process of the urban management bureau and fire protection, the manager is Liu Mouxiang." According to the decoration project contract provided by Ms. Xing, Party A's signature is Liu Mouxiang.
Among the several documents, including the notice of levying the supporting fee for fire protection facilities and the violation receipt due to the renovation of the road, the above bills are all displayed as "Fulongji Seafood Hotel" and stamped with the official seal of the relevant unit.
In 2006, Liu Mouxiang filed a complaint, and the case was ordered to be retried by the Heilongjiang Provincial High Court. The Harbin Intermediate People's Court (2006) Hamin Yi Zhong Zi No. 80 still found that Chen's company had legal ownership of the property, and then upheld the original judgment.
The court rejected an effective judgment in Liu's lawsuit
Since then, the parties have gone through several rounds of litigation. In 2014, Liu Mouxiang filed a civil lawsuit with the Nangang District People's Court, requesting the court to confirm that he was the owner of the property.
Chen said that there was sufficient evidence to prove that the property at issue in this case was signed by his company and the real estate sales company and the purchase price was paid, and the voucher was issued by the real estate sales company, and the buyer showed that it was the company's commercial house sales invoice, and the house ownership certificate was also obtained in accordance with the law. The company has legal ownership of the disputed house, which has been confirmed by the effective judgment of the court.
The court held that the company under Chen's name had obtained the house ownership certificate, and it should be determined that the company had ownership of the disputed house.
In January 2015, the court issued a judgment rejecting Liu's claim. Liu Mouxiang was not satisfied and appealed. In October 2016, the Harbin Intermediate People's Court rendered a civil judgment upholding the original first-instance judgment.
During the second instance of the case, Liu Mouxiang died. The effective judgment of the court confirmed that according to Liu Mouxiang's self-written letter and Ms. Xing's wishes, Ms. Xing was changed to the heir of the lawsuit. Therefore, Ms. Xing continued to fight the lawsuit with her nephew on behalf of Liu Mouxiang, and applied to the Heilongjiang Provincial High Court for a retrial, which was also rejected.
It is worth noting that on the issue of whether Liu Mouxiang was involved in "bigamy", the effective legal judgment shows that because it does not fall within the scope of adjustment of this case, the court will not determine whether it is "bigamy".
In 2019, Ms. Xing applied to the Harbin Municipal People's Procuratorate for supervision. In September of the same year, the Harbin Municipal People's Procuratorate made a decision that the case did not meet the requirements for supervision and did not support Ms. Xing's application for supervision.
At present, because Liu Mouxiang has passed away, Ms. Xing still continues to petition and appeal, she believes that the house was purchased by Liu Mouxiang in full, and the house should not belong to Chen.
Regarding this case, when the Red Star News reporter contacted Chen, Chen first asked "what's the matter", and when the reporter asked about the housing dispute, he said that he had made a mistake and then hung up the phone. After that, the Red Star News reporter sent him a text message hoping to interview him on this matter, but did not receive a reply by press time. Due to the age, Sun's contact number was displayed as an empty number, and his lawyer at the time was also unable to be contacted.
Red Star News reporter Qi Biao
Editor: Pan Li, Editor-in-charge: Li Binbin
(Download Red Star News, there are prizes for reporting!) ）