Derailed and having a child, a man presented tens of millions of girlfriends, and his wife sued back!Court: The gift contract is invalid, return!

recently

Shanghai Minhang Court announced a case together

The case is staggering!

Men not only derailed 2 women after marriage

Still producing a child outside the marriage

And give these two women with tens of millions of money!

Can this money, can the original wife come back?

Men's derailment after marriage

Back with his wife to give 2 "girlfriends" money

The man Lu and his wife Zhang registered in 2000.

After marriage, Lu Mou hid his wife, and had been closely interacting with Xiaozhang and Xiao Chen since 2014 and 2017, respectively.

During the dating period, Lu, who had a generous shot, distributed living expenses to his girlfriend Xiaozhang and Xiao Chen many times, and also sent a "I love you" to Xiaozhang and Xiao Chen on May 20th, New Year's Eve, and other special days. Red envelopes with special meanings such as "Life".

In addition to issuing red envelopes and giving living expenses, Lu also arranged Xiao Chen to work in his company in 2016 and gave a monthly basic salary of 2,500 yuan.

The paper can't be covered!

Lu's derailment behavior

Discovered by his wife in 2020

Lu Mou not only admits it

There are many "girlfriends" outside

I also admitted to concealing my wife

Transfer, WeChat through banking, WeChat,

Alipay, Alipay and other forms

No compensation with Xiaozhang, Xiao Chen for many times

Multiple money, huge amount!

How huge is this amount?

It even reached tens of millions of yuan!

Lu's behavior violated the loyal obligation between husband and wife, and there were major faults.

So his wife Zhang complained Lu Mou and his two "girlfriends" to the court, requesting the court to order the relevant gifts to invalidate the contract, and ordered the "girlfriend" to return the relevant money.

Wife court sued: repay the money

His wife, Zhang, said that the three were unreasonable for men and women, and Lu sent the husband and wife's common property to others, which seriously infringed on his legitimate rights and interests.

Zhang said that the relationship between men and women with Xiaozhang and Xiao Chen, her husband Lu, not only violated the law, but also violated the public order and the fines, and seriously infringed the legitimate rights and interests of the plaintiff.

Therefore, they requested to determine that Lu and Xiaozhang's gift contract for 7.6 million yuan, and the gift contract with Xiao Chen's 5.2 million yuan were invalid, and requested that Xiaozhang and Xiao Chen returned the above money to the plaintiff.

For Zhang's lawsuit request

Husband Lu Mou admits these money

They are all their own gifts to Xiaozhang and Xiao Chen

Agree with the plaintiff's entire litigation request

The other two defendants

Xiaozhang, Xiao Chen

Then they moved out of the reason

Bleak

The defendant Xiaozhang argued:

From 2014 to 2017, he did not know Lu's family situation and thought Lu Mou had divorced. In 2016, she and Lu had a son Lu. For the amount of 7.6 million yuan, she returned to Lu Mou to hundreds of thousands of yuan, and there were more than 2 million yuan for Lu Mou's expenses to give Xiao Lu's birthday. Some of the remaining funds were also investment funds, support for raising fees instead of gifts.

Another defendant Xiao Chen argued:

She joined Lu's company and was Lu Mou's work and life assistant. For 5.2 million yuan, 2 million yuan is a loan. She has returned to Lu Mou. 60,000 yuan is compensation and reissue salary for lifting the labor relationship. Accompanying the actual costs of Lu Mou and Zhang's family when traveling.

Xiao Zhang believes that most of Lu's money for himself is his son's living expenses; while Xiao Chen believes that most of the money he gave was when he was working in Lu Mou, in addition to borrowing money. Pad payment

For this continuous and chaotic case

The facts of the Shanghai Minhang Court were reviewed and involved in the case

The focus of the evidence of both parties around the focus of controversy

Make the following identification and judgment

Bleak

During the duration of the marriage relationship, if the husband and wife need to give the common property to others without permission, the gift behavior should be determined to be invalid. In this case, Lu's behavior was invalid. The plaintiff has the right to ask Xiaozhang and Xiao Chen to return the property as the owner of the property owner and the interested parties.

Although Xiaozhang argued that Lu's gift part of the children's support fees, Xiao Zhang did not provide sufficient evidence to the actual use of the proof period within the designated proof of the court, and from the perspective of the amount, it has far exceeded the normal needs of children's support; And Xiao Chen only provided some evidence to prove living expenses and tourism fees.

In the end, the court found that both gift contracts were invalid, and combined with evidence such as invoices and receipts to check the money between Lu and Xiaozhang and Xiao Chen, and finally determined the amount of the two returned.

Once this case is exposed

Immediately triggering heated discussion among netizens!

Some netizens pointed out

Lu's behavior of having children outside the marriage

It seems suspected of being crime?

Some netizens questioned

Drailed Lu does not seem to have any price

Retreat in the whole body?

In this regard, the judge said

The unfaithful party in marriage

It is still possible to pay in the divorce lawsuit

The relevant provisions of the Civil Code should

Less or regardless of property

Some netizens said

This case is very alert!

Judge

Public order and good customs represent the basic public order and good moral customs of society. Marriage and family are a relationship and order. Although the above -mentioned judgment cannot prevent the act of violating loyalty obligations, it is hoped that the victims can use the victims to use legal weapons to protect their legitimate rights and interests, and at the same time warn the destruction of the marriages of others to make a cautious choice, showing the fairness and moral power of the law.

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