Why should I pay what he owes me?


“Ever since I knew the house would be auctioned by the court, I have been unable to eat or sleep. Thanks to the supervision of the procuratorate, now the house has been saved, I feel relieved!”On February 10, Wang Lin, a retired teacher living in Shenyuan Community, Xinxian County, Shandong Province, came to the Xinxian County Procuratorate to express his gratitude to the procurator in charge.Just a few months ago, Wang Lin went to the Xinxian County Procuratorate for help, feeling worried and anxious.This time he looked relaxed and happy.Such a change, but also from a folk loan dispute case.Real estate auction time brings to 2018, a strange house was in zhou qiang shen county zhoujia village to file a complaint against ShenYuan district no. 3 floor construction builder of liujun to court, called liujun had a shortage of funds in the construction of the project to its borrowing 500000 yuan, and issue the ious, because liujun due to payments, therefore, request the court to judge liujun to repay the loan.During the lawsuit, Zhou Qiang applied to the court to seal up liu Jun’s 1201 property located in building 3 of Shenyuan Community.And this property is the house where Wang Lin lives.In May 2018, the Xinxian County Court ruled in favor of Zhou Qiang’s lawsuit.Because Liu Jun did not fulfill repayment obligations according to the judgment, the court in the execution process will be seized property into the judicial auction procedures.When the court came to seize the house, Wang Lin was stunned: “No, this is clearly my house, how can it be Liu Jun’s?”Wang Lin, who is in his 60s and has worked hard for most of his life, bought this house to live with his son’s family in order to facilitate his grandson’s schooling.This property is not only a place for Wang Lin’s family to live, but also a guarantee of life.In order to save his house, Wang immediately filed an execution objection with the court.After review, xinxian county court made a ruling to suspend the execution of the property involved.Zhou Qiang refused to accept this, to the xinxian county court filed an objection to the execution of the lawsuit.In May 2019, the Court of Xinxian County rejected Zhou Qiang’s lawsuit.Zhou Qiang appealed.After hearing, Liaocheng Intermediate court annulled the original judgment, allowing the execution of the property involved.Seeing the house being executed again, Wang Lin could not accept it at all.”I don’t owe anyone money, nor have I ever made a guarantee for anyone. I don’t even know this guy Liu Jun, but he is in debt and wants to auction the house I paid for.We only have one house. How are we supposed to live?They’re only suing on an IOU, and I suspect they’re suing on a sham.”Desperate Wang Lin came to xinxian Procuratorate to apply for supervision.”Don’t worry, it can’t be true, it can’t be false, we’ll find out the facts.””Said the prosecutor in charge of his reception.Considering that the focus of the dispute is the property right of the real estate, the prosecutor decided to start the investigation from the clear property right of the involved property.Through repeated reading and field visits, the ownership of the property finally emerged.Originally, in 2014, Liu Jun contracted the building 3 of Shenyuan Community, but in fact the project was jointly constructed by Liu Jun and Li Ming (Zhou Qiang’s brother-in-law).In August 2014, the project developer agreed with Liu Jun to use the house built by him to pay all the project money, and issued to Liu Jun the confirmation letter of building type and payment receipt of Building no. 3 in Shenyuan Community, and House No. 1201 was one of them.Later, due to the construction needs, a staff named Wei Ming introduced Liu Jun to a ceramic tile store on credit.As the guarantee of ceramic tile money, Liu Jun will shen Yuan village building door model affirmatory letter and collection receipt gave Wei Ming.Because get less than ceramic tile money tardy later, ceramic tile sells a person to wei Ming to ask for instead.At this time, Wei Ming happened to meet Wang Lin who needed to buy a house, so he sold room 1201 of Building 3 of Shenyuan Community to Wang Lin, and the proceeds were used to pay the ceramic tile payment and other debts of Liu Jun.In May 2017, Wang Lin moved into the house.However, due to land problems, this property has not been registered.On the basis of clarifying the changes of property ownership involved in the case, the handling prosecutor then investigated whether the loans involved in the case were true.”The investigation found that there were indeed several anomalies in the case.”The prosecutor said that in the case of zhou Qiang and Liu Jun’s loan dispute, there was no loan contract and payment voucher, and the fact of the loan was only proved by an IOU.During the trial of the case, the defendant Liu Jun did not appear in court to answer the case, and the court served the judgment to the original defendant, which was received by the plaintiff Zhou Qiang’s brother-in-law Li Ming and his son Li Zheng.”We also investigated all of Zhou qiang’s bank accounts and found no record of large funds or deposits.”The evidence chain of the case is not complete, and the antagonism is obviously insufficient. What makes the prosecutor pay special attention is that Li Ming, who has a special relationship with the original defendant, participated in the whole case.Considering the characteristics of the false lawsuit, the procurator concluded that the case was highly likely to be suspected of civil false lawsuit.Although possible, the evidence investigated was not sufficient to prove that the case was false.In order to further find out the facts of the case, the undertaking prosecutor recombed the case, further analyzed and judged the preliminary investigation, and decided to contact the parties of the case instead of the peripheral investigation.”A lie is a lie, and it is hard to justify it.”On the basis of the evidence collected during the preliminary investigation, the prosecutor questioned Zhou Qiang based on his income source and lending ability, but Zhou Qiang could not explain the source of the lent funds and details of the loan.Taking advantage of the victory, the prosecutor interpreted Zhou Qiang around the legal consequences of the false lawsuit and the current measures to punish the false lawsuit.After some patient communication, Zhou Qiang’s psychological defense was broken, and he finally admitted that he conspired with Liu Jun and his brother-in-law Li Ming to fabricate a debt of 500,000 yuan.”My brother-in-law Li Ming lost a lot of money in the contract project he contracted with Liu Jun. They wanted to reduce their losses, so they wanted to ‘get back’ the house they had sold in this way.They asked me for help, so I said yes, thinking they were friends and relatives, but I got myself involved.”In the end, Zhou Qiang was too contrite.After that, the Xinxian Procuratorate cooperated with the public security organs to interrogate Li Ming.He also admitted conspiring with Zhou Qiang and Liu Jun to fabricate debts and occupy other people’s real estate.After finding out the case, in June 2020, Xinxian Procuratorate submitted a protest to Liaocheng Procuratorate.After liaocheng Procuratorate protest, Liaocheng Intermediate court ruled that the case by xinxian court retrial.Recently, xinxian county court made a judgment, on the grounds that there is no creditor’s right relationship between Zhou Qiang and Liu Jun, their behavior constituted a false lawsuit revoked the original judgment, rejected Zhou Qiang’s lawsuit request.Zhou Qiang, Liu Jun and Li Ming conspired maliciously to “get back” the sold property through fictitious creditor’s rights and debts.In the meantime, 3 people also go up because of this “false lawsuit” “true trouble”.In September 2021, Zhou Qiang and other three people were prosecuted to Xinxian County Court on suspicion of false lawsuit crime.At present, the case is in the process of trial.(The names of the people and the community are pseudonyms) source: Procuratorial Daily

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