The grandson cheated away the Real Estate of Ninetys, and said that the rent was flickered by Grandpa to do households

It is said that raising children to prevent the elderly. The old people watch their children's family, and their children and grandchildren should have enjoyed the joy of heaven. But in reality, the old man was "pitted" by his grandson, and even his house was "gone."

Introduction to the case

The 90 -year -old Boyo has six children, and is usually taken care of by the children. One day, Sun Tzu Zhu Moulong said he wanted to get married, and wanted to rent a house in a house in Baiyun District in a certain street in Baiyun District. Grandpa Zhu Laobo agreed.

Subsequently, Sun Tzu Zhu Moulong took Grandpa Zhu Laobo to the Real Estate Trading Center to handle the "Behavian Housing Sales Contract". Grandpa Zhu Laobo sold the house involved in the case to the grandson Zhu Moulong, 59.97 square meters, and the house price was 21,000 yuan. The two parties have completed the transfer of the house involved in the case, and the property rights involved in the case are registered under the name of the grandson Zhu Moulong.

Later, Zhu Moujia and daughter Zhu Mouyi asked. Zhu Laobo said recalling that he had been to the Real Estate Trading Center with Zhu Moulong, but he didn't know what to do. formalities. After many verifications of various parties, Zhu Laogu learned that the two parties did not handle the house rental procedures on the same day, but the house transfer procedures, and then filed a lawsuit with the Baiyun Court, demanding that the "Behavian Housing Sale Contract" was required to be revoked. Essence

The plaintiff Zhu Laosan said: I usually wear old flowers to read books, read newspapers, and write, but when I signed documents at the real estate trading center, I did not wear glasses or hearing aids. I did not know what documents I signed.

Sun Tzu Zhu Moulong told me to go to handle a house lease contract. He used my trust and my vision, hearing and language communication obstacles to handle the property rights of the house involved in the case involved in the case.

The defendant Zhu Moulong argued that there was no house buying and selling contract relationship between me and Grandpa Zhu, which belonged to the "buying and selling is actually a gift". The current gift has been fulfilled, and there is no statutory revoament situation.

From a formal point of view, the "Behavian House Sale Contract" signed by the two parties does not have a substantial agreement on the rights and obligations of the two parties. After the contract is signed, I have no payment of the house. It does not meet the characteristics of general sale and selling contracts, and it is not in line with the substantive constituent elements of buying and selling.

In fact, the old and grandson with me and me, he has repeatedly stated that the house involved in the case was given to me. Gift contract. After the contract was signed, the two parties did not settle the payment agreed in the contract, that is, the plaintiff actually belonged to the house to give me free of charge.

Referee result

I. The "Behavian House Sale Contract" signed by the defendant Zhu Moulong and the plaintiff Zhu Laobo shall be revoked;

2. Within 15 days from the date of effectiveness of this judgment, the defendant Zhu Moulong assisted the plaintiff Zhu Laobo to register the house change involved in the case of the plaintiff Zhu Laobo.

After the judgment, the two parties were convicted of the complaint, and this judgment has now legal effect.

Zhu Laobo claimed to revoke the trading contract he signed with Zhu Moulong, and advocated that Zhu Moulong used him to use him in a critical condition. The lack of a house trading contract signed in the case of judgment was fair and should be revoked.

After investigation, Lao Zhu lived alone for the elderly, and the old life needs children to take care of themselves and lack the ability to judge. Old Dobo stated that Zhu Moulong used the relationship with Grandma Zhu to handle the change of house property rights involved in the case of rental housing. Zhu Moulong failed to provide evidence to confirm.

Old Zhu was taken care of by his children. The house involved in the case as the property of Zhu Laobo, presented his grandson, did not discuss or cooperate with his children, obviously not in line with common sense. According to the video trading center, the reaction of Laogu Zhu was slow, and the content of the signature was unclear.

Old Zhu was transferred with Zhu Moulong in a lack of judgment. After returning home, he reported the police that he only agreed that he was not relying on and filed a lawsuit in this case. The existing house trading contract signed and the property rights should be registered until the name of Zhu Laobo is reasonable and legal, and it should be supported.

Source: People's Court of Baiyun District, Guangzhou

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