Counterclaim in the defense of property litigation

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Counterclaim in the defense of property prosecution [1]

Respondent: Urban Impression Owners Committee of Shunqing District, XX City.

Address: No.42 Jinyuling Street, Shunqing District, XX

Person in charge of the owners' committee: XXX

Respondent: Sichuan Taihe Real Estate Development Co., Ltd.

Address: Floor 2, Yangjiaxiang 16, Shunqing District, XX, Sichuan.

Tel: 0817-6829115.

Legal representative: XXX

On may 29th, 20 12, the respondent received the "About Sichuan Taihe Real Estate Development Co., Ltd. ordering the defendant to pay the loss of 20,000 yuan caused by the plaintiff's change of the original design scheme due to illegal obstruction of the plaintiff's laying of natural gas pipeline" from the Shunqing District People's Court of XX City. I. Put forward the following defense opinions according to law:

National defense affairs:

The respondent requested the people's court to reject the unreasonable and illegal counterclaim of Sichuan Taihe Real Estate Development Co., Ltd. according to law.

Facts and reasons:

1. Respondents have never seen the so-called? What is the design scheme of the original natural gas pipeline laid in the first project in the city? Sichuan Taihe Real Estate Development Co., Ltd. did not inform the respondent or the city impression owners' meeting in advance in writing, let alone whether this plan can be passed.

Second,? City impression? There are more than 600 households in the community, and the diameter of gas pipeline has been calculated according to the number of households in the community, and the diameter has been finalized.

Natural gas and other supporting facilities for energy utilization have purchased the right to use natural gas from the natural gas company when the owner purchases the commercial house (the fee has been collected by Sichuan Taihe Real Estate Development Co., Ltd.).

? City impression? Natural gas and other ancillary facilities in the planned residential area naturally belong to the owner.

Third, if it exceeds 1000 households? The first in the city? If the community wants to open a natural gas interface in our community to divert or connect a fixed-diameter natural gas pipeline, then the pressure of natural gas used in the community will definitely have an impact (because the fixed-diameter natural gas is not pressurized).

This is in line with Article 92 of the Property Law (the owner of the real estate uses the adjacent real estate for water use, drainage, transportation, laying pipelines, etc.). , he should try his best to avoid causing damage to the adjacent real estate owners; If damage is caused, compensation shall be made.

) is against the rules.

? The first in the city? The community finally borrowed it? City impression? It is convenient for the respondent to divert or connect the domestic natural gas pipeline at the opening interface of the municipal natural gas main pipeline, which has little impact on the gas quality of our community.

This is in line with Article 88 of the Property Law (if the real estate owner needs to use the adjacent land or building for building, repairing buildings and laying wires, cables, water pipes, heating and gas pipelines, the owner of the land or building shall provide necessary convenience. The provisions of the.

4. At the suggestion of the community neighborhood committee and the respondents, ask the person in charge of XX Natural Gas Company to make a written commitment and publicize it in our community. The first in the city? Is the community here? City impression? After the community opens the natural gas interface to divert or connect the fixed-diameter natural gas pipeline, it promises to guarantee the future. City impression? The daily peak gas consumption pressure of natural gas users in residential areas has no influence or normal use, and XX Natural Gas Company failed to issue a letter of commitment for publicity in residential areas due to the reasonable demands of the respondent.

5. Matters stipulated in Article 76 of the Property Law and Article 11 of the Property Management Regulations shall be decided by the owners.

Among them, the decision on other major matters related to * * * and * * management rights in Item (7) shall be approved by the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number.

In fact, more than one-tenth of the owners do not agree with public opinion, not to mention more than half of the owners agree in writing? Should the first residential area in the city go to the impression residential area in the city to open a natural gas interface for diversion or connect a natural gas pipeline with a fixed diameter? .

To sum up, the respondent believes that the industry committee or owners' meeting of the urban impression community not only did not violate the law, but also safeguarded the dignity of the law, not to mention bearing any losses or litigation costs.

I am here to convey

XX shunqing district people's court

Respondent: Urban Impression Owners Committee of Shunqing District, XX City.

20 1 June 21day

Property litigation defense counterclaim [2]

Defendant and counterclaim: Hu _ _ _ _ _ _, female _ _ _ _, Han nationality, temporary worker, since _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Authorized Agent: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

The plaintiff _ _ _ _ _ _ _ _ County Native Produce Company v. Debt Dispute, hereby submits the following defense and counterclaim:

(1) defense part: I (the respondent and the counterclaim) have been employed as a temporary worker by the plaintiff since _ _ _ _ _ _ _.

On the morning of _ _ _ _ _ _ _ _ _

Diagnosed by the hospital, I have a traumatic spleen rupture and concussion? Suture of head laceration 12 needle, splenectomy, * * * blood transfusion 18 10 ml, hospitalization for 56 days, cost 890.27 yuan.

After discharge, the doctor told me to rest for half a year (the hospital diagnosis has been submitted to your hospital).

This industrial accident happened entirely because the plaintiff's loading equipment was not firm and the labor protection system was not perfect.

As a state-owned enterprise, the plaintiff not only failed to check and improve its work, but shirked its responsibility, which was very inappropriate.

The first paragraph of Article 36 of the revised draft Detailed Rules for the Implementation of Labor Insurance Regulations promulgated by the Ministry of Labor stipulates that temporary workers, seasonal workers and trainees in enterprises that implement labor insurance shall be treated equally with ordinary employees during the medical treatment for work-related injuries.

According to the spirit of this regulation, the treatment of work-related injuries during my medical treatment shall be handled in accordance with the provisions of Item (1) of Article 12 of the Labor Insurance Regulations, that is, the medical expenses, medicine expenses, hospitalization expenses, meals and medical expenses during hospitalization shall be borne by the enterprise or factory.

During medical treatment, wages are paid as usual.

It can be seen that the medical expenses paid in advance by the plaintiff are RMB _ _ _ _ _ _ _ _.

(II) Counterclaim: During my work-related injury medical treatment, the expenses that should be borne by the plaintiff according to law are as follows:

1. The medical expenses, blood transfusion expenses and ambulance expenses paid in cash are 667.54 yuan (all documents have been submitted to your hospital);

2. Meals during hospitalization in 84 yuan (daily 1.50 yuan, 56 days);

3. Nursing salary 1 12 yuan (daily 1 person, 56 days of nursing, daily salary of 2 yuan);

4.480 yuan (60 yuan per month) for 8 months, and rest after discharge.

Of the above four items, * * * is 1343:54 yuan.

In addition, the salary illegally withheld by the plaintiff because I didn't pay the balance before my injury was 47.92 yuan, totaling 139 1.46 yuan.

The plaintiff should pay me 59 1.46 yuan in addition to the medical fee 800 yuan that has been lent to me in advance.

Please find out the facts, combine my counterclaim and make a judgment according to law.

I am here to convey

_ _ _ _ _ _ County People's Court

Defendant and counterclaim: Hu _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Complaint of sales contract dispute [3]

In the case of counterclaiming Zhang Moumou and Hu Mou against the defendant's contract dispute of an automobile operation department in Ganyu County, the defendant now puts forward the following defense opinions: the counterclaim's claim has neither factual basis nor legal basis, and requests the court to dismiss the counterclaim's claim according to law. The reasons are stated as follows:

1. The respondent has fully fulfilled the contractual obligations, and it is unnecessary to double the deposit of 60,000 yuan.

20 10, 10 On May 8, the respondent Ganyu County Automobile Management Department signed a car purchase agreement with the counterclaim Zhang Moumou, stipulating that the counterclaim would buy the STQ4250 car head from the respondent at a price of 239,000 yuan, with a down payment of 30,000 yuan, and the counterclaim would pay off the remaining car money in one lump sum when picking up the car.

After the two parties signed the contract, they counterclaimed to the Respondent to pick up the car on July 6, 20 10, and counterclaimed that Hu wrote an iou to the Respondent and owed 209,000 yuan for the car.

At this point, the respondent has fulfilled the contractual obligation to deliver the vehicle in response to the counterclaim; On the contrary, the counterclaim has not paid the remaining car payment of 209,000 yuan to the respondent. Although the respondent has repeatedly urged the counterclaim for the remaining car payment of 209,000 yuan for a long time, the counterclaim refused and denied for various reasons. Counterclaim has seriously violated the relevant provisions of the car purchase agreement signed by both parties. According to Article 1 15 of the Contract Law, counterclaims have no right to demand the return of the deposit, let alone counterclaims.

Therefore, the respondent has fully fulfilled the contractual obligations, and there is no need to double the deposit of 60,000 yuan.

2. Lianyungang XXX Automobile Sales Co., Ltd. does not own the distribution right and ownership of the car.

The respondent signed an agency agreement with Jiangsu Management Department of Hubei Special Purpose Vehicle Co., Ltd., the manufacturer of the disputed vehicle, and the respondent obtained the distribution right of the vehicle in Lianyungang.

The car was delivered to Nantong, Jiangsu by the manufacturer Hubei Special Purpose Vehicle Co., Ltd., and then transferred to the sales department of Ganyu County, the respondent, according to the sales situation in Jiangsu market. Therefore, the respondent owns the ownership of the vehicle, and counterclaims that Hu wrote a loan of 209,000 yuan to the respondent. This series of evidence forms a complete chain of evidence, which can completely prove that the respondent has the right to sell and own the vehicle. Lianyungang XXX Automobile Sales Co., Ltd. does not own the distribution right and ownership of the car. Therefore, the counterclaim that it was purchased from Lianyungang XXX Automobile Sales Co., Ltd. has no factual basis at all, which is simply nonsense!

Three, there is no quality problem in the car, and the respondent does not need to compensate the so-called economic loss of counterclaim.

The car was allowed to leave the factory only after it passed the quality inspection by the manufacturer, which met the enterprise quality standards of the manufacturer, and also met the relevant industry standards and national standards.

Articles 5 and 6 of the car purchase agreement signed by the respondent and the counterclaim clearly stipulate that if the counterclaim does not raise any objection to the car quality when picking up the car, it means that it agrees that the car quality is qualified, and the respondent will no longer bear any responsibility for it.

In counterclaim, counterclaim claims that the car should be rectified by the respondent. The real reason is that the counterclaim bought a tractor, and the counterclaim also bought a rear trailer. The tractor and the rear trailer can only be used for transportation business activities as a whole, but the rear trailer purchased by counterclaim and the car purchased by the respondent are not produced by the same automobile manufacturer, and the height of the rear trailer and the tractor does not match. However, the height of the tractor needs to be properly corrected before it can be used with the rear trailer, so that the front and rear vehicles can carry out normal transportation and business activities as a whole.

Therefore, the counterclaim said that the reason why the respondent went to rectify the car was not because of the quality problems of the car, but because of the above special reasons, so the respondent did not need to compensate the so-called economic losses of the counterclaim.