"Create a column of the Court of Demonstration of the Practice Demonstration Court for the Mass" Prosecution sued the daughter -in -law to chase 550,000 yuan for a gift or borrowing?

Basic cases Zhuangmou and Zheng's husband and wife relationship, Zhuang Xiaomou is the son of Zhuang and Zheng, Zongmou and Zhuang Xiaomou were the relationship between husband and wife. The two married in August 2008, and divorced in June 2021. In February 2015, Zhuang Mou transferred more than 500,000 yuan to Zhuang Xiaomou China Construction Bank account. On the same day, Zhuang Xiaomou transferred 500,000 yuan to Zongmou. Later, because of the relationship between Zhuang Xiaomou's husband and wife, Zhuang Mou and Zheng asked Zhuang Xiaomou to return to the marriage relationship. Zheng Mou borrowed 550,000 yuan.

The court hearing that the Xiangshan District Court held that when the lender filed a civil loan lawsuit to the people's court, it shall provide creditor's rights, receipts, and debt certificates such as receipt, receipt, and underset. Zhuang Mou and Zheng called Zongmou and Zhuang Xiaomou to borrow 500,000 yuan from the house somewhere in Huaibei, but the 500,000 yuan he said was transferred to Zhuang Xiaomou, and Zhuang Xiaomou transferred the paragraph to the paragraph to the paragraph to the paragraph again to this paragraph to the paragraph again to Zongmou, Zhuangmou and Zheng, said that Zongmou and Zhuang Xiaomou wanted to buy the house of Zongmou. During the duration of the marriage relationship between Zongmou and Zhuang Xiaomou, the two sides had a lot of living spending. The evidence provided by Zhuang and Zheng could not prove that it was transferred to Zongmou's 500,000 yuan for Zong's father to buy a house, and the behavior of remittance to Zongmou's account was deemed to be a gift from Zhuangmou and Zheng. In addition, Zhuang and Zheng claimed that on March 15, 2017, Zongmou borrowed 50,000 yuan in cash, but did not provide evidence to prove that Zongmou did not recognize it. In summary, Zhuang and Zheng asked Zongmou and Zhuang Xiaomou to pay 550,000 yuan to borrow, but failed to provide a written debt certificate of the borrowing relationship between the two parties. Legal basis, the court does not support it.

The court decided to reject the claims of Zhuang and Zheng.

The judge claims the debt disputes between family members caused by divorce disputes. Due to the influence of the traditional marriage and family concept, parents hope that their children will live a happy life, and they often extend their care of their love at all. However, when the emotional problems occurred between the couple, whether the money of the in -laws transferred to the former daughter -in -law was a gift or a loan. It also needs to see if the two parties have sufficient evidence to prove that the two parties have a loan. The judge suggested that if the parents invest in a house after marriage, it is best to make a clear agreement on the money or the real estate itself to avoid unnecessary legal disputes in the future.

The "Provisions on Several Issues of the Supreme People's Court on the Application of Laws on the Application of Cases of Civil Loan Cases" shall be provided when the lender that shall be prosecuted to the people's court, and the creditor's rights such as receipt, receipt, and other claims shall be provided Existing evidence. Several Provisions of the Supreme People's Court on Civil Litigation Evidence Article 2 of Article 2 of the parties to provide evidence to provide evidence to provide evidence to provide evidence based on the facts based on the fact that the litigation request made by themselves or refuting the fact that the other party's lawsuit requests. If there is no evidence or evidence is not enough to prove the fact that the parties are advocating, the parties with the liability for proof shall bear the adverse consequences.

Text: Audit Audit: Audit and Management Office (Research Office)

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