In 2021, our attorneys represented a post-divorce property dispute case (our attorneys represented the plaintiff's side), which was complicated and took nearly two years to go through the first and second trials. Changzhou Intermediate People's Court finally issued a judgment in 2023, upholding the first instance judgment and supporting all of the plaintiff's claims.
Brief description of the case:
In October 2001, Zhang and Liu got married. in August 2004, Liu invested more than 200,000 yuan to set up company A with several other shareholders, and in December 2009, Liu invested more than 4 million yuan to set up company B with several other shareholders. After that, the two companies have gone through a number of equity changes. Until September 2018, Liu held 20% of the equity of Company A, 20% of the equity of Company B. In September 2018, Liu signed an equity transfer agreement with Liu Moumou (hereinafter referred to as "Liu's father"), which stipulated that Liu transferred to Liu's father the equity interests in Company A and Company B held by Liu, and the amount of the equity transfer was more than one million dollars and more than five million dollars respectively, totaling more than six million dollars. The total amount of more than six million, the payment of equity transfer payment for cash one-time payment. in October 2018 the two companies did the registration of shareholder changes. in January 2019 Zhang, Liu through the court mediation of divorce, divorce, Zhang divided into several sets of real estate, a number of vehicle parking spaces and property merger payment of more than six million. in 2021 Zhang found that Liu transferred the equity of Company A and Company B within the marriage to obtain more than six million yuan of equity Transfer of money (claims), after Zhang Mou on Liu Mou in the marriage transfer A company and B company equity gained equity transfer of this post-divorce property dispute lawsuit (this article characters are pseudonyms).
Undertake process:
Our lawyers undertake this case, the company A, company B and the other two related companies of the history of the meticulous and rigorous combing, judgment of the relevant equity Liu obtained within the marriage, a preliminary determination of the equity belongs to the joint property of husband and wife. In the litigation, our lawyers will sort out and organize the history of the two companies along with the evidence submitted to the court, so that the judge can understand the relevant facts in the shortest possible time.
In the trial LiuMou and Liu father's agent said the plaintiff and defendant's common property has been divided in the divorce. The equity is LiuMou for Liu father, not the joint property and equity transfer Liu father did not actually pay, LiuMou did not actually get the equity transfer.
Our lawyers in the trial for full evidence and relevant legal provisions of the equity related property for the husband and wife common property, and not in the divorce when the division. But LiuMou and the aforementioned equity transferee LiuFather Department of father and son relationship, the equity transfer has been paid the relevant evidence is LiuMou and LiuFather, whether the equity transfer payment is difficult to find out. Zhang as the plaintiff, if there is no evidence to prove that the equity transfer payment has actually been paid, may not be able to claim directly to Liu in this case to the relevant equity transfer payment.
In order to help Zhangmou as soon as possible to the smallest cost the fastest time to obtain the property rights, the lawyers according to the trial combined with the relevant evidence and the case involved in a comprehensive analysis of the law, after consultation with Zhangmou and obtain his consent, decisive for the adjustment of the litigation strategy, to the court to apply for a change in the litigation request. Request order LiuMou will hold 20% of the equity of company A and 20% of the equity of company B transferred to his father LiuMouMou produced by more than six million husband and wife claims to the defendant LiuMou all, the defendant LiuMou to pay the plaintiff zhangmou discounted compensation of more than three million. In this way, regardless of whether the relevant equity transfer actually paid, do not affect the plaintiff in this case directly to Liu claim relevant property rights.
After a heated debate, the court of first instance supported all the plaintiff's request. After the defendant filed an appeal, the lawyers in the face of the other side of the appeal, and actively take measures to respond, carefully analyze the other side of the appeal and the first trial of the relevant transcripts and evidence, and continue to follow the litigation strategy at the same time to find the other side of the appeal of the logical loopholes, in the second trial of all the litigation claims continue to get the court support. Now the defendant Liu has paid the full amount of more than three million discount compensation to Zhang.
Summarize:
In this case, because LiuMou and Liu's father holds the key evidence of whether the equity transfer is actually paid, but because LiuMou and Liu's father is father and son, whether the relevant equity transfer is paid is difficult to find out. Because of the civil procedure law, "who claim, who prove" principle, zhang mou has a heavy burden of proof, if zhang mou insist on its previous claims, may not only through the property dispute after divorce, the right to get the property rights. In order to avoid the client tired, the lawyer according to the progress of the case after obtaining Zhang's consent to adjust the litigation strategy. Eventually, Zhang was able to claim directly to Liu in this case to the relevant property rights.
Lawyers in the process of undertaking the case to assist the client according to the actual situation of the case to develop and choose the appropriate litigation strategy can be in the maximum extent to protect the legitimate rights and interests of the client.
