Recently, Beijing King&Capital (Nanjing) Law Firm Wang Menglou lawyers, Li Yafei lawyers co-agent of a case involving the interests of demolition and relocation of the Jiangning Economic Development Zone Court judgment, finally settled.
The case lasted more than 2 years, the rights battlefield from the village committee, demolition and relocation office to the court, through the unremitting efforts of the two lawyers, and ultimately succeeded in fighting for the client's deserved demolition and relocation benefits.
The client, Ms. Liu and her husband, Mr. Chen, both local people in Nanjing, because of Mr. Chen's work, living in Beijing all year round. Although both of them have a stable career in Beijing, they always have the idea of "returning to their roots" and hope that they can return to their hometowns where they lived and grew up in their childhoods to enjoy a quiet life in their twilight years.
In 2009, Mr. Chen found a relative in his hometown, Wang Mou, and financed the construction of a 2-storey house on the vacant land behind his house. After the completion of the house, Mr. Chen needs to stay in Beijing for a long time to receive treatment due to illness, so the house has been taken care of by the relatives of wang mou family. 2018 end, Mr. Chen unfortunately passed away due to illness, the relatives of wang mou hometown to learn about the death of the news, and immediately find the widow of Ms. Liu, with the house is built on their own family residence on the grounds of the house is required for half of a person to split. Ms. Liu, who was still grieving the loss of her spouse, agreed to the plan based on her trust in her husband's relatives and signed an agreement drafted by Wang.
In 2020, the house in question is located in Nanjing Jiangning District Lukou street suddenly issued a demolition notice, due to the construction of the riverbank flood control project needs, the west of a village for collective relocation, and the case of the house in the demolition within the scope of the expropriation. After Ms. Liu learned of this news, many times to find Wang Mou consultation on the distribution of demolition benefits, Wang Mou while placating Ms. Liu do not worry, while deliberately concealing the fact that the house was built by Mr. Chen capital, by virtue of its is a village of West the former village branch secretary of the identity of the advantage of unilateral and demolition of the Office of the demolition of the relocation agreement, will be completely excluded from the Ms. Liu.
Under the helplessness, Ms. Liu found my lawyer to protect their legitimate rights and interests.
WangMengLou, LiYaFei lawyers after accepting the commission, on behalf of Ms. Liu many times to the west a village and WangMou family negotiation, in the feeling of WangMou family and no substantial sincerity, two lawyers decisive to find the village committee and demolition of the office director, will be demolished and relocated by Mr. Chen actually funded the construction of the fact of the expropriation unit. Through the case of the house has property rights disputes, can not be included in the scope of the expropriation", to slow down the progress of the demolition and relocation of Wang's family to put pressure on them. In the lawyer's continuous efforts, Wang finally loosened willing to negotiate with Ms. Liu, but the specific amount of compensation and the standards set forth in the law there is still a substantial gap, but also did not meet Ms. Liu's psychological expectations.
In the impasse can not be opened, Wang Menglou, Li Yafei two lawyers to the court filed a lawsuit, but the process of the lawsuit but a series of twists and turns. The court of first instance that "Ms. Liu is not a villager of west village, can not get the case of house ownership, and therefore can not get the case of house demolition benefit", rejected Ms. Liu's litigation request. The two lawyers then adjusted the litigation strategy to Wang Mou drafted the "one half" agreement as a breakthrough in the case, filed a lawsuit again, but this time by the court of first instance directly ruled "inadmissible".
In the face of a succession of unfavorable results, the party can not help but be disheartened. However, Mr. Wang Menglou and Mr. Li Yafei were not discouraged, and still maintained a high morale, and continued to appeal to the Intermediate People's Court of Second Instance. Under the unremitting efforts of the team lawyers, the intermediate court of second instance ruled to reject the court of first instance "inadmissibility" of the decision, the court of first instance to continue to hear the case. Thus, the case finally had a "silver lining".
In order to grasp the hard-won opportunity, the two lawyers on the one hand, guide the client to find the actual construction of the house construction workers Lin, organized as a witness. On the other hand, to the court to apply for an investigation order, the house in question contains "demolition agreement", including a full set of demolition materials, in order to clarify the amount of compensation, in order to make Ms. Liu's amount of litigation to achieve "specific" "clear" and "Enforceable" degree.
In the end, the court ruled in favor of our claim, Ms. Liu finally obtained a more satisfactory amount of compensation.
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With the development of the country's urbanization process, the demolition and relocation projects in large and medium-sized cities have been in full swing in recent years. Benefit from the state's policies in recent years, whether it is compensation for housing or compensation for money, the interests of the evicted are often very lucrative. However, in the face of "falling from the sky" huge benefits, due to the weakness of human nature can not stand the test of the resulting conflicts and disputes, but also endless. The immediate economic benefits are often temporary, while the family is long-term and precious, but if someone in front of the interests of the bottom line to give up, then through legal channels to protect the rights and interests of the most appropriate choice.
