"There is no beginning, Xianke has the end", when in love, regardless of each other, when breaking up, it is strangers.During love, couples are like paint, and when the emotion is broken, it must be clearly considered.Recently, Ms. Zhang encountered such a problem. Her boyfriend Liu, who had been in love and lived together for four years, sued the court for the court to return to the colorful gift and the transfer of more than 120,000 yuan during cohabitation.
Case Introduction
Mr. Liu and Ms. Zhang met in June 2017. Because you are working in the same company, you come and go at work, and soon make the two people in the outside world come together. The two officially established a love relationship in August and the two formally established a love relationship and andCohabitation.Mr. Liu in love, in order to please Ms. Zhang, transferred more than 40,000 yuan to him by WeChat, Alipay and other methods, and paid more than 80,000 yuan. When Ms. Zhang was moved, she also silently paid Mr. Liu.During the time of living, Ms. Zhang had a miscarriage five times, which brought huge pain to her, but "the moon is full of yin and clear", and the efforts of the two sides have not been able to reach the years.After breaking up, Mr. Liu complained to the court in a paper complaint and asked to return the gift and transfer.
After receiving the case, the family trial team of the Xinxiang County People’s Court of Henan Province received contact with the parties in a timely manner.
Pre -court mediation
"When the two of us are good, we will give you 80,000 yuan in color gifts, and we will also transfer more than 40,000 yuan for you. Now we have divided it and have not received a certificate. Why don’t you pay back my money, isn’t this 骗?" LiuMr. holding the transfer voucher in his mobile phone is indomitable.
"You have been used for more than 40,000 yuan for the daily spending of our two when we live together. Where is the money? I have a miscarriage five times for you. Are you embarrassed to ask me for a gift?" Ms. Zhang took out the hospital for hospitalization.Cavination.
In order to resolve the conflict between the two sides in front of the court, Judge Li Yuan patiently persuaded, hoping that the two parties can take into account the past and return to good.EssenceUnder the patient mediation of Judge Li Yuan, the emotions of the two sides eased, but they had not reached an agreement. Judge Li Yuan decided to open the trial.
process result
During the trial process, Judge Li Yuan continued to interpret the law, so that the two sides understood that the marriage registration was not processed. The gift should be returned.
On the basis of investigating the evidence, during the court determined that during the love period, Mr. Liu repeatedly transferred more than 40,000 yuan and Cai Gifts for more than 80,000 yuan to Ms. Zhang.No marriage registration, but considering that in the process of living, Ms. Zhang had many abortion and hospitalization for many times, not only suffered a lot of economic losses, but also more importantly.In terms of amount, we should follow the principles of fairness and fully consider and reasonably determine it.In addition, the transfer of money between the two parties is mostly spending daily life, and there is a mix of property, no need to return.The final judgment was returned by Ms. Zhang to Mr. Liu’s color gift 15,000 yuan.
After the verdict, Mr. Liu refused to accept and appealed.Xinxiang Municipal Intermediate People’s Court issued a rejection of appeals in the second instance and maintained the final judgment of the original judgment.
Transfer from Xinxiang County People’s Court
Source: Hangzhou Transportation 918
