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controversy Focus 3: Wang Yunqing on January 25, 2010 at the home of two defendants issued a note is valid. The note stated, Wang Yunqing note issued in large deposits remaining after non-delivery of Wang Yunqing I actually did not all settle, so the court held that Wang Yunqing written note is not a true reflection of the objective situation, the court of the note content inadmissible.

for the chapter sent a letter, Liang Zhiling obtained from Wang Yunqing at the actual amount, in addition to Wang Yunqing a trio with two live together in the monthly wages of 4,182 yuan during the period and the transmit of $ 200,000 housing fund, but according to the first instance to nail the fact that chapter is divided into four letter also under the appoint of the actual extraction Wang Yunqing money 164,200 yuan. In each chapter sent a letter that the actual withdrawal, the full amount will be handed over to the Wang Yunqing, but did not provide evidence of delivery, should bear the burden of proof can not be legal consequences.
focus on controversy II: 140,000 yuan certificate of deposit is paid when any person. First, the two defendants in the first course of the trial expressed by Wang Yunqing mobility and on behalf of Wang Yunqing to pay, but after a thorough trial, both sides of the focus of controversy gradually, sent a letter in the third chapter after the adjournment of the trial was described as the home changed to Wang Yunqing's. The court held that the court early, not yet clear when the focus of the dispute, the parties of the facts closer to objective fact, and there is no variance in the evidence before and after the overthrow of the case before the state court on the first statement of the parties to be admissible . Secondly, in the third course of the trial, the evidence for the recreational homes, said after the two defendants cross-examination hospital prefer than Wang Yunqing himself. In addition, Wang Yunqing a stay Leisure Centre, in addition to the parties, the circumstances of the Leisure Centre is the first insider, and recreational homes are flee by non-profit elements according to the law, there are clear rules and regulations and fares, the amount of its property and Wang Yunqing no interest, so the proof of the Leisure Centre has a certain credibility, but the details still need careful analysis. For the first proof set forth in the The kinds of judgments, it is not part of the court held that proof of other factors of the first and second formulation of the objective situation that is in line with the Leisure Centre as the presence of people, witnesses and the identity of the person handling the court recognized . In sum, the Court confirmed chapter sent a letter on January 25, 2010 arrival Leisure Centre in Wang Yunqing a certificate of deposit will be 140,000 yuan delivered to the Leisure Centre.
focus on the controversial one: Wang Yunqing lived in the home during the two defendants how to calculate the cost of living. Xishan District People's Court that the chapter sent a letter on Wang Yunqing a monthly expenditure statements of its unilateral statement, no evidence to prove, Wang Yunqing are not recognized, the court combined with the local standard of living, Wang Yunqing a physical condition and three were comprehensive thinking of the medical card, etc., that Wang Yunqing a monthly salary of 4182 yuan three-sufficient to maintain the three-month life, care and medical expenses.
case proceedings, the chapter sent a letter, Liang Zhiling discussed that the plaintiff pay a three measure 4182 yuan a month, three lived in the defendant's home for nine months, the two defendants to collect the wages totaling 36,600 yuan, ABC extracted deposits 60,000 Sellers shall receive 247,000 yuan, 53,000 yuan share the proceeds, in appending to salary payments, the two defendants actually have money $ 360,000. Great disbursement of a family of three plaintiffs, are It��s about time: The plaintiff and his wife, four meals a daytime hae tai scheming 1,200 yuan per month plus points, 12 bottles of milk per day × 1.6 yuan / flask × 30 days total 576 yuan per month, utilities costs 15 yuan / day × 30 days total 450 a month, care, and 1,000 yuan / month × 2 people total monthly 2,000 yuan, 500 yuan per month pocket money the plaintiff, hae di diapers 15 yuan / day × 30 day 450 a month total, the son of a monthly benefit under a large hospital charges 1,100 yuan, shopping $ 200 a month, the total expenditure of more than 6476 yuan per month. Three lived in the defendant's home for nine months, total health costing 58,200 yuan of life. While living together, the plaintiff has commissioned quadruple total withdrawal letter chapter 16 million. Another plaintiff, a family of three in mandate to live, the two defendants removed two large flower beds and landscaped courtyard, loss of 2 million, the construction of new houses and renovation, repairing solar water heaters, air conditioning, sanitary and other facilities, cost $ 30,000 extra than expenses, costs The defendant received extra than the amount. To January 25, 2010 the plaintiff left the defendant a family of three at home before the plaintiff to write a note that he had received Liang Zhiling pay to all the property, all between the two sides bench, so ask the court to dismiss the plaintiff's claim.


Zhang and Liang Zhiling letter from Wang Yunqing obtain at the real money, after discounting Wang Yunqing with two live together in a phase of life, medical, nursing expenses and recreational homes have been delivered to 14 million, left Wang Yunqing not been paid 224,200 yuan. Based on no legal basis to obtain an unfair advantage, causing losses to others, should be made to return the improper benefit of people affected by the loss of the relevant provisions. Now been moved out of Liangzhi Ling Wang Yunqing a home, sent a letter and Liangzhi Ling Zhang is no longer legitimate reason to continue to occupy the above amounts, it should be Liangzhi Ling Zhang letter and return these funds.


sum, Wuxi Intermediate People's Court that the trial verdict, the facts are remove, correctly applies the law, decrees not inappropriate, according to the law should be retained. January 28, 2011, Wuxi Intermediate People's Court made the final decision: dismissed the plea and upheld the incipient determination. Second instance court costs 4680 yuan, the chapter sent a letter to the appellant, Liang Zhiling commitment.
Wuxi Xishan District People's Court received the case, attaches great magnitude to this dispute cases from the rights of the elderly, respectively, in May 2010 24, June 11, 2010, July 8, 2010 3 public hearing on summary petition was heard. After the law because the case is intricate and formed a collegiate bench on September 14, 2010 public hearing for the ordinary procedure seemly to the trial.


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glib: the defendants to dismiss the plaintiff amuse

jackwood South / txt

Wuxi Intermediate People's Court that the case is the focus of controversy: First, January 25, 2010 left Liangzhi Ling Wang Yunqing note is issued when the home is creature formed under stress conditions. Second, the chapter sent a letter, Liangzhi Ling Wang Yunqing between the two and whether the full settlement amount, letter Zhang, Liang Zhiling the subsistence of unfair enrichment.


part sent a letter, Liang Zhiling against first-instance ruling,"air jordan 9 retro ", the Wuxi Intermediate People's Court of Appeal. Hospital ashore November 15, 2010 received, the law fashioned a collegiate pew on December 9, 2010 public hearing of the circumstance.
Wang Yunqing old connate in August 23, 1921, live in Wuxi City, Jiangsu Province, South Village. Wife hae di paralyzed in mattress, the son of a large root of cerebral illness benefit, life unattended. In this environment, in 2008 Wang Yunqing the aged and women of the district's milk Liangzhi Ling (May 5, 1966 students) to know. As Liang Zhiling as Wang Yunqing attach to the elderly a and, like daughter, like Wenhanwennuan to Wang Yunqing left a agreeable impression. Liangzhi Ling and her husband later in the chapter sent a letter of convincing, Wang Yunqing aged catching into list their progressive old, nigh alone, I do need to have an knowing of the people entrusted to a standing ovation their household, so had surrendered Liangzhi Ling and her husband Chapter sent a letter to the idea.

2010 年 1 15, Wang Yunqing old people and Liangzhi Ling, Zhang sent a letter to a clash can not continue to live together, Wang Yunqing old family of three resolved to stay after contact Wuxi City Chang'an Leisure Centre (hereinafter referred to the Leisure Centre), leaving Liangzhi Ling, Zhang sent a letter home before, Liang Zhiling worried that there will be economic disputes, requiring Wang Yunqing old writing that the two sides settled between all the documentary evidence. Wang Yunqing old man even now to write a note, specifying that A few days later, Wang Yunqing old hospital to the recreational chapter sent a letter to the accounting asked the status of delivery of the property when Wang Yunqing old man suddenly stunned, and initially figured, chapter sent a letter to the couple still did not deliver over 225,000 yuan.

stripping cocoon spinning: The Court held that the During the two defendants, who lives at home how to enumerate the cost of alive? The focus of two controversies, 140,000 yuan certificate of deposit is paid when any human? Focus of controversy three, Wang Yunqing on January 25, 2010 at home in two defendants issued a note legal? Focus of controversy four, chapter sent a letter to the bank teller in the end how much? Focus of controversy 5, whether the two defendants own property loss?

the focus of controversy two, the Court held: January 25, 2010 Wangyun Qing Liang Zhiling leaving home, though when a note issued by states root big Sanren subsidy, full accommodation among the two sides, back merely after the corresponding property to the Wang Yunqing. It can be confirmed in a note issued to Liangzhi Ling Wang Yunqing, the two sides is not actually full accommodation. Another chapter sent a letter according to the 1st instance, Liang Zhiling trial expressions and recreational homes that can confirm every other 14 million certificate of deposit chapter sent a letter delivered to the Recreation Department of the hospital, nevertheless the chapter sent a letter in the 1st instance and after the third trial adjourned changed to mention that the second instance in 14 million certificate of deposit is home to the Wang Yunqing,"nike james lebron " 沪港“国际购物天堂”：看上去很近 -- 浙江新闻网 ne, yet did not provide evidence to overturn the previous statements, which can be corroborated in Wang Yunqing issued a note, the chapter sent a letter, there are large deposits of non-delivery of Liangzhi Ling Wang Yunqing himself. In summary, the note can be issued to confirm Wang Yunqing not a true reflection of the objective situation, the contents of the note, the court inadmissible.

the focus of a controversy for the court that: the parties of their own ideas should provide the evidence to be proved. Wang Yunqing in the first instance of the first trial, said a note written by the Department of its voluntary, after the third trial in the first instance, said in book by the stress of circumstances, and if you do not write, the two appellants would not let him go, but did not provide sufficient evidence to overturn the before statements. Considering Wang Yunqing Department 90 annuals old, elderly, long-term hae-tai also paralyzed in bed, two lodging at Liang Zhiling home, at a disadvantage in their daily lives. Wang Yunqing pair wanted to leave the Liangzhi Ling at home, may be under Liangzhi Ling, Zhang sent a letter approximately the issue of non-verbal representation of the true signification of the note, but the lecture approximately even now constitute coercion. By Wang Yunqing not provided sufficient evidence in the January 25, 2010 to write a note before leaving home Liangzhi Ling is subject to coercion, it is in its note on the case by the formation of stress claims, the court inadmissible.
In summary, the final court held that no legal basis to obtain one unjust convenience, causing losses to others, should be returned by the unfair avail obtained by the loss of people, either defendants actually the income from the Wang Yunqing at 364,200 yuan , web of recreational homes it has paid 140,000 yuan, 224,200 yuan left, immediately has moved out of the two defendants Wang Yunqing a home, two legitimate reasons the defendant no longer persist to preoccupy the on amounts, and Wang Yunqing failing to recover losses which, it is two defendants should be returned. Accordingly, the October 24, 2010, Wuxi City, Xishan District People's Court in agreement with letter, Liang Zhiling achieve of this decision immediately after the return to the accuser, Wang Yunqing 224,200 yuan.

Wang Yunqing second trial in the elderly respondent said: January 25, 2010 the note is subject to stress my case in writing,"wind tn " 2007 a ​​case of insider decl, not my true purpose, is ineffective civil action. Court of First Instance finds that the facts are clear, the court of second instance upheld the request.

for Wang Yunqing Liangzhi Ling family lived in during the life of medical expenses, court of first instance according to the local criterion of living, Wang Yunqing a physical condition, and three health-care situations a medley of factors identified a family of three monthly wages Wang Yunqing 4182 yuan is sufficient to maintain the three-month life, care and medical expenses, not inappropriate.
2010 年 4 26, Wang Yunqing to Wuxi Xishan District People's Court Liangzhi Ling, Zhang letter. Wang Yunqing suit said: In Liangzhi Ling, Zhang sent a letter of persuasion, Wang Yunqing a family of three people questing asylum with them. In the process of living together because of contradictions in the January 25, 2010 left, Liang Zhiling couple only 140,000 yuan, and three certificates of deposit a pay card, Medicare card, delivered to the Leisure Centre. In addition to remuneration card and Medicare card, the two defendants from the plaintiff received 365,000 yuan, net of delivery of certificates of deposit 140,000 yuan, 225,000 yuan has not left the delivery, to safeguard the legitimate interests of the elderly, principally taken to court asking the two defendant to be returned.


court held that the chapter sent a letter, Liangzhi Ling and Wang Yunqing a voluntary basis in a common life of the approval, but the building, renovation and purchase costs of not living facilities for conventions. Under the partnership agreement, to provide living quarters for the Wang Yunqing a life of appliances and the corresponding chapter should be chapter of a letter, Liang Zhiling liabilities, Wang Yunqing during the life of a home in Liangzhi Ling has realized its payment of the appropriate life, cost of care obligations, and no evidence that Wang Yunqing a property in the use of the property damage occasioned in the course, so no need to bear the cost of Wang Yunqing.

in court proceedings, Leisure Centre on March 9, 2010 issue a certificate 1, specifying that I Leisure Centre, a certificate of deposit was closed chapter sent a letter to Stanford Million greenbacks Yi Shi, and different five thousand greenbacks Twenty II Wan has not been put in location. (paying back the 247,000 yuan, 53,"2010 jordan 6 ",000 yuan stocks, certificates of deposit 65,000 yuan) hereby prove that. CCB pay card, the equilibrium of $ 7.50 hae tai therapeutic card, Bank of Jiangsu pay card, the balance of 37.56 yuan, Hui root of a large medicinal card, Bank of Jiangsu pay card, the balance of 29.56 yuan, to close to January 23, 2010 into the northeastern state of rural commercial banks, Tong Tin Wang Yunqing a signed certificate of deposit, the amount of Yi Shi Stanford Million, also received two carpets, a tub with debris, a few seasonal unlined pieces. hereby certify that. reliability, it will not be recognized, but to pay the elapse 14 million is no objection, no criticism to the three cards.
second trial process,feragamo, the chapter sent a letter to seem in court statement said: January 25, 2010, Wang Yunqing write a note when I go out to get milk is not at home. Wang Yunqing written after the note gave Liangzhi Ling. Liang Zhiling has not everything to Wang Yunqing, but so I came back from the outdoor, will a 14 million certificates of deposit, a medical card, three card and some living wage items to the Wang Yunqing, and cried the automobile will be sent to the Leisure Centre Wang Yunqing couple will be sent after I left them, did not aid Wang Yunqing for the relevant check.

chapter sent a letter, Liang Zhiling appeal that the January 25, 2010, left Liangzhi Ling Wang Yunqing a written note when the home is their voluntary written, there is no accent of circumstances, the note is the true meaning of that Wang Yunqing . According to the contents of the note stated, Wang Yunqing has received all the property, but also between the two sides have all been stable. Court of First Instance finds that it is an mistake of fact, the request cassation court of second instance shall be commuted or remand.
polemical point five: two defendants are property losses. If so, should the Wang Yunqing bear the loss. The court held that Wang Yunqing a prevalent life with the two defendants on the accordance the two sides is based on a voluntary basis, Wang Yunqing a family living in the two defendants have paid the proper life, cost of attention, the two defendants should provide living quarters and the corresponding appliances for Wang Yunqing a use, Wang Yunqing an pair only use the property, ownership is still vested in all the two defendants, but also no evidence that Wang Yunqing a process resulting in the use of such property break, so Wang Yunqing need to undertake the construction of housing, home promotions and purchase of the cost of home appliances. The defendant,christian louboutin pigalle heels 调查显示 上海市, also known as the construction of two houses and the removal of beds 2 and plants, loss of 2 million, there is no evidence to patronize the two defendants, the court shall not be recognized.

second instance magistrates of unjust enrichment should be returned
argument Focus 4: Chapter sent a letter apt the value of money really painted, if the remittance Wang Yunqing. If you do not disburse, should it be returned. Chapter sent a letter apt namely in 4 out of 16 million, which shares 53,000 yuan, the bank deposits of 50,000 yuan and 10,000 yuan, 57,000 yuan housing fund, along apt tribunal records retard, the bank's total deposits of $ 50,000 in principal and interest 5.2 million, total deposits of $ 10,000 principal and interest on 10,400 yuan, the chapter sent a letter to the principal and interest to be acknowledged at Wang Yunqing CCB writings and court records check, chapter sent a letter in May 18 2009 withdrawal 58,800 yuan, Zhang recognition letter to extract the stock section 53 thousand yuan. Another Wang Yunqing namely ABC namely 3400 yuan deposits chapter sent a letter to be extracted, sent a letter this chapter does not endorse,blue christian louboutin shoes, and ATM withdrawals were not signed on the procedures, so the court deposit of 3400 yuan to extract from the chapter sent a letter to the views of non- accepted. In amount, the court found the tangible letter to receive money Zhang 164,200 yuan. Zhang said in a letter delivered to Wang Yunqing behind the tangible withdrawal, no delivery programs,karen millen wedding dresses, should bear the burden of proof tin not be valid consequences, so the court sent a letter to confirm the chapter does not disburse the 164,200 yuan Wang Yunqing, Department of Wang Yunqing which entire principal, interest should likewise be owned along Wang Yunqing, it should return the chapter sent a letter to the principal and interest totaling 164,200 yuan.
a nearly 90-year old voluntary Wuxi themselves and their families will be nearly 40 million assets and pension cards all depend on others to deliver to others and, afterward, when helpless to linger Leisure Centre did not receive the property when the case but wrote




(text Liangzhi Ling, Zhang sent a letter to his real name)

this way, in March 2009 Wangyun Qing Liang Zhiling a family of three who moved to the home, when the wages of a three-card, medical card, sent a letter to the Liangzhi Ling and Zhang, three card every month salary wages total 4182 yuan. Liangzhi Ling, Zhang sent a letter in their own hospital after a house built for a family of three living Wang Yunqing, also bought a solar water heater, atmosphere conditioning, sanitary and other facilities. South Village after Wang Yunqing sold the house, sell the housing fund 247,000 yuan, the agency will be paying back the import Wang Yunqing CCB account, sent a letter in chapter 15 May 2009 will be 200,000 yuan housing fund to go to their account, but also on May 18, 2009 money 48,800 yuan. Wang Yunqing ABC has three certificates of deposit, but also sent a letter to the chapter. The book was later found by the court, account 10-653701130171419 account on January 19, 2009 manhood, the principal 3,400 yuan, April 8, 2009 3429 yuan retreat principal and interest, no withdrawals signatures; account for the 10 - 653,701,130,158,101 account on May 17, 2009 manhood, the principal of $ 50,000, Chapter sent a letter on May 18, 2009 withdrawal of principal and interest 52,000 yuan; account for the 10-653701130162020 account on July 16, 2009 to period, the principal of $ 10,000 on July 16, 2009 to extract the principal and interest 10,400 yuan, no withdrawals signatures.

Wang Yunqing said that he not queried the additional 2 defendants housing construction, and its removal of bloom beds, trees and flowers there is no testify to certify, it ambition not be recognized. That the two defendants, Wang Yunqing two defendants left the house before the publish memorandum that the course of their voluntary written by the Department is preparing to quit their home when two defendants informed in two written family, in the third course of the trial and that the note is coerced by a letter in the chapter written, if do not jot to let him work, in fact, the two defendants did not give him a penny.
muddled credulity, oldest old property full delivery of approximately 400,000 folk