Why is affection more precious than money?

Recently, I filed a lawsuit for my brothers and sisters at home: affection is more precious than money.

Investing in real estate, family members turned against each other and brothers and sisters went to court.

My sister took out the iou and asked my brother to pay back the money. My brother claimed that the IOU was written under duress.

We are brothers and sisters, but because we invested in a real estate, we turned against each other and went to court many times. My sister bought a house in Guangzhou in the name of her younger brother. Later, the property appreciated and the brothers decided to sell it. However, due to the distribution of selling money, the two brothers caused a dispute. My sister filed a complaint against her brother and asked him to pay the arrears and interest. In this regard, the younger brother claimed that the house was not bought by her sister in her own name, but she wanted to invest in the house. Because I was young, I had no money at that time, so I had to borrow it from my sister, and the loan had been repaid. The reporter was informed yesterday that the case was heard in Guangzhou Huadu Court, which supported my sister's appeal. The younger brother refused to accept the appeal, and the Guangzhou Intermediate People's Court upheld the original judgment in the second instance.

My sister bought a house in the name of my younger brother, and there was a dispute over selling the house after the property appreciated. Lin Yun (a pseudonym) and Lin Tao (a pseudonym) are brothers and sisters. According to Lin Yun's memory, from June, 5438 to October, 2004, she and her younger brother Lin Tao agreed to buy a house in Huadu District at a price of 3,800 yuan per square meter in the name of her younger brother. At that time, Jelly Lin made a down payment of 65,438 yuan+5,000 yuan, and the remaining 374,400 yuan was lent to the bank in the name of his younger brother Lin Tao. The two brothers and sisters also agreed that if the property appreciates in the future, the younger brother will compensate the younger sister accordingly after selling the property for profit.

After the house was delivered for use at the end of 2005, it has been rented by my sister Lin Yun, and the rent obtained is used for repayment of bank loans and property management.

In June last year, Lin Tao decided to sell the house involved. After consultation, the two brothers reached an agreement and decided to sell the house. After the sale, the younger brother compensated his younger sister at the standard of 2000 yuan per square meter, while the other income from selling the house, after deducting various taxes and fees, all belonged to the younger brother.

On June 30th last year, after the brothers and sisters settled the money they had earned for many years together, Lin Tao issued a detailed account of the arrears to Lin Yun, confirming that Lin Yun would be paid 366,000 yuan after the house was sold. In addition, Lin Tao also promised to return 200,000 yuan in September last year, and the balance will be returned within 10 days after selling the house.

In September last year, Lin Tao sold the property involved at a price of about10.5 million yuan per square meter. Unexpectedly, Lin Tao refused to pay Lin Yun's arrears after receiving more than 2 million house payments.

So the brother and sister turned against each other, and the sister filed a complaint against her brother and asked him to pay the arrears of 366,000 yuan and interest.

Brother: The IOU was written by my sister to force my father to testify in court, but my brother Lin Tao put forward different opinions on my sister's allegations. He argued that my sister didn't buy the house in her own name, but she wanted to buy a house and invest. Because I was young at that time and lacked funds, I had to borrow 80,000 yuan from my sister, and made a down payment of 1.5 million yuan. The loan of 80,000 yuan has been returned to my sister. After the house was delivered, I entrusted my sister to manage the rental because I was doing business in other places.

Lin Tao claimed that she entrusted her sister to pay the bank loan from the current house rent 17 10 yuan. From May 2006 to July 2065, the monthly rent of 438+06 was 3,000 ~ 3,500 yuan, but her sister never paid him the remaining rent.

In addition, the details of the arrears of 366,000 yuan were written by my sister and brother-in-law with coercion and violence. Lin Tao said that his father could testify at that time, so he applied to the court for his father to testify in court and filed a counterclaim, asking the court to cancel the details of the arrears involved.

In this regard, my sister Lin Yun pointed out that her brother's statement had no factual basis and legal basis, and requested the court to reject it. Lin Yun said that the details of the arrears involved were settled by the brothers and sisters through consultation for more than ten years, and were written by the younger brother himself. The arrears agreement straightened out the relationship between the two parties, defined the rights and obligations of both parties, and made plans for repayment. Moreover, the details of the arrears are very detailed and clear, and they were not coerced at that time.

Court: The younger brother's "coerced" theory is more valuable than money. Huadu Court held that Lin Tao's "coerced" theory was difficult to establish.

First, Lin Tao claimed that she was threatened by serious violence when writing the Details of Arrears, but she did not apply to any institution for help before the lawsuit in this case, and even did not take any relief measures before the promised performance period expired, which is unconvincing.

Secondly, the only evidence that Lin Tao was "coerced" was the testimony of his father Lin Bo. Because Lin Bo is not only Lin Tao's father, but also supported by Lin Tao, the witness has a highly related interest with Lin Tao, and the testimony is obviously not enough to overturn the "details of arrears" written by Lin Tao himself.

Third, Lin Tao can invest more than 100,000 yuan and earn nearly 2 million yuan. In addition to investment vision, he also needs financial support and long-term care. 12 years ago, Lin Tao had limited financial resources. If her sister hadn't given her support and worked hard for all aspects of the house for more than ten years, Lin Tao might not be able to start her own business and take care of her family wholeheartedly. Whether it is brother and sister's cooperative investment in buying a house or Lin Tao's unique opinion of buying a house alone, the role played by my sister Lin Yun in this huge successful investment is undeniable.

Therefore, when the house is about to be sold at a high price, it is reasonable to share part of the proceeds with my sister, and it is unreasonable to ask my sister to return the rent without money.

The investigating judge pointed out that this is a brother and sister who turned against each other and went to court because of their great success in investing in a real estate. There are many things in the world that are more valuable than money, and family is one of them. Therefore, Huadu Court ruled that Lin Tao should repay Lin Yun's principal of 366,000 yuan and interest. After the verdict was pronounced in the first instance, Lin Tao refused to accept the verdict and appealed to the Guangzhou Intermediate People's Court, which upheld the original judgment after trial.