Trial court:Intermediate People's Court of Dalian City, Liaoning Province

Case No:(2023) Liao 02 min zong no 2584

Cause of action:Dispute over confirmation of invalidity of contract

Date of Referee:June 16, 2023

Intermediate People's Court of Dalian City, Liaoning Province

civil ruling

(2023) Liao 02 min zong no 2584

Appellant (plaintiff in the original trial):YANGXIAOXIA, female,Born on September 20, 1973, Italian nationality, resident.

Authorized agent ad litem: Wang Xisheng, lawyer of Liaoning Ruishi Law Firm.

Appellee (defendant in the original trial):Wu Mou, male,Born on April 7, 1968 in Han, lives in Shahekou District, Dalian City, Liaoning Province.

Appellee (defendant in the original trial):Zhang Mou-Ru, female,Born on August 3, 1973, Han, lives in Ganjingzi District, Dalian City, Liaoning Province.

Authorized agent ad litem: Zhang Chenglin, lawyer of Liaoning Tianying Law Firm.

AppellantYANGXIAOXIA with the appelleeWu Mou, AppelleeZhang Mou-RuIn the case of dispute over the confirmation of invalidity of the contract, the People's Court of Dalian Economic and Technological Development Zone (2021) Liao 0291 civil judgment No. 7997 at the beginning of the Republic of China appealed to this court. The Court formed a collegial panel in accordance with the law to hear the case.

The court believes that the focus of the dispute in this case is whether the content of Article 3 of the "Voluntary Divorce Agreement" can be determined to be malicious collusion between the two appellee and harm the legitimate interests of the appellant. In the second instance, the appellant transferred the appellee.Wu MouThe bank card flow, to prove that the case involves housing system.Wu MouPurchased with his premarital personal income property, is.Wu MouPersonal property before marriage. Two appellee and appellant andWu MouIn the course of the trial of the post-marital property dispute case, the house involved in the case was divided by divorce by agreement, evading the performance of the debt to the appellant, and harming the legitimate rights and interests of the appellant. Whether the house involved in the case belongs to the joint property of the husband and wife of the two appellee, the source of the house payment for the purchase of the house involved in the case should be further investigated in combination with the new evidence of the second instance, and whether the contents of Article 3 of the voluntary divorce agreement are invalid should be further examined. In addition, the appellant also requested in the first instance to analyze the property involved in the case and confirm it.Wu MouEnjoy the full share of the property rights of the house. Since the cause of the case is to confirm the dispute over the invalidity of the contract, and the subrogation is based on different legal relationships, whether the appellant meets the conditions for filing a subrogation action, and whether the claim should be heard together with the case, should be examined.

To sum up, in accordance with the provisions of Article 177, paragraph 1, item (III) of the the People's Republic of China Civil Procedure Law, the ruling is as follows:

1. Revocation of the People's Court of Dalian Economic and Technological Development Zone (2021) Liao 0291 Min Chu Civil Judgment No. 7997;

2. the case was sent back to the people's court of dalian economic and technological development zone for retrial.

AppellantYANGXIAOXIA 19200 yuan, the acceptance fee for the second instance case that has been paid in advance, shall be returned.

Presiding Judge Sun Liying

Judge Xie Yanpeng

Judge Zhang Qian

June 16, 2003

Clerk Du Yujie