- Posted January 29, 2013 by
Injustice lawsuit, a Chinese Couple Forced to Sell Their Property by Court
A young couple in Beijing holds their slogan at home, and went to protest next day with their 6 years old daughter and 65 years old father against injustice verdict of a property lawsuit which last almost 4 years, they have been living in a rental apartment since the lawsuit started, they don't know what will happen in future.
In 2010, the wife of the family wanted to establish a home for aged people in her hometown, and to take care of old generations who obeyed One Child Policy in their young age but suffering by such a policy now in their old.
Since there are no financing means in China available for such a business, the couple decided to sell their property in Beijing in order to supplement their limited saving to continue the infrastructure construction. That decision is the starting point of a nightmare.
The couple signed property sales contract with a man from Shan’xi province via a property agent, and allowed the buyer moved into the house before receiving of full down payment because buyer’s indication that he was going to marriage and urgently need a place; but later the buyer failed in fulfilling his obligation to make the full down payment, and the buyer indicated that he had failed to apply the mortgage from bank and has no money to pay.
The couple requested to cancel the contract and get back their property, but the buyer refused to do so and indicated that he will sell the property to another person and requested the couple to sign related document. The couple didn’t trust the buyer anymore, and started a lawsuit.
The wife recorded all her conversations with buyer by using devices.
With the soaring property price in Beijing, people making fast bucks out of real estat, people like buyer dreamed of becoming rich through a single purchase and resell of a real estate.
Later the couple found evidences that indicate the buyer actually already produced fake documents in order to sell the house to another person, those documents actually need to be signed by the couple, but the couple never did their signature on such documents.
Sep. 2010, the couple won the first instance, and the buyer requested appeal. The verdict requests the buyer pays USD18,000 compensation to the couple.
Mar. 2011, the higher court sends back the suit and requested a retrial.
July 2012 The buyer won the retrial that request to continue the purchase, and the couple requested appeal.
Nov. 2012 The higher court insists to maintain the last verdict.
All audio records clearly illustrate that the buyer failed his obligation, and the couple even supplemented their new evidences which clearly indicate that the buyer made fake documents in order to sell the property to another person before his purchase of that property.
However, the court ignored all evidences and even made a statement on their final Paper of Judgment which saying that all audio records provider by BUYER indicate that the couple failed to carry out her obligation, the interesting point is that during all processes the BUYER didn’t provide ANY audio evidences!
Another ridicules point is that same justice, Diu Jiubao(Chinese:刁久豹), appeared during the last two judgments, such an arrangement is not allowed by Law, provided that there is law existing in China.
Now the couple forced to sell the property to the cheater regardless of all clear evidences and couple's willingness.
Actually, the friends of the couple suggested them to be prepared for bribe, but the couple believed that it is not necessary and doubted the corruption situation reported by foreign media. The insider of court told the couple that it is clear that the judge are bribed, the insider even knows the price of that. Because of increased price,the buyer could earn extra USD700,000 by resell the property if the judgement come into effect, of course, part of the profit will be distributed to the people who made the judgement happen.
The new political bureau members already stepped into their daily management, with the strong signals to outside that the government will not tolerate further corruption; however, it may take longer than expected to solve the problem of the people like the couple.
The couple will not give up their appeals, they are not afraid of fighting with people in power, and they are planning to visit higher court with more evidences!!