At that time, the parents invested in the child to buy a house, but his son sued his father to move away on the grounds of repayment!The court sentence

At that time, when his son had no financial ability, his parents bought a house for him. When the mother died, the son sued his father to move away on the grounds of his economic difficulties. Is this reasonable? On August 18, the Red Star reporter learned from the Qingyang District People's Court of Chengdu that recently, the court has "broken" such a special "housework".

Parents buy a house for children

The post -son asked his father to move away on the grounds of repayment

Xiao Song is the only child of Song Boshi's (pseudonym) and his wife. In 1999, the 20 -year -old Xiao Song purchased a house with a total price of more than 110,000 yuan with his parents' funding. Registration. Later, Xiao Song lived in the house with his parents, until he purchased a new house in Shuangliu District, Chengdu in 2009.

In 2016, Xiao Song's mother died, and his father had been living in the house afterwards. However, since a few years ago, Xiao Song has required his father to retreat to the house and negotiate with his father, and to be repaid for bank loans, reinstatement of children's loans, raising children, and reasons. After unsuccessful, he told his father to the court to ask him to move away.

In the court, Xiao Song stated that this house was not obtained by the parents' gift, inheritance, or actually invested by the parents to be registered under their own name. At the time of buying a house, I did not reach any agreement with my parents on the house. Therefore, the property and my father and my father It doesn't matter, it is his alone legal property.

After the death of his mother, his father and others lived in this house and replaced the door lock. These actions of his father were that he wanted to occupy the house with others for a long time, which seriously infringed his legitimate rights and interests. In this regard, his father Song Bosi said that after he retired with his wife, he lived in Chengdu with his son, and in 2002 he invested in the house. At that time, his son had just joined the work and had no money to buy a house. In addition to funding the purchase of a house, he has lived in this house for nearly 20 years, and he has no other real estate in Chengdu. Xiao Song is a only child. Essence

The court rejected: the obligation of support and assistance to the elderly, not for exemption due to debt

After Xiao Song sued the People's Court of Qingyang District in Chengdu, by sorting out the case, the trial judge Liu Xiaoqiong believed that although the house was registered under the name of Xiao Song, he enjoys the ownership of the house. According to Article 235 of the "People's Republic of China" "If there is no right to occupy real estate or real estate, the right holder can request a return to the original", Xiao Song may request the return of the original, but the premise is that others have no right to possess possession Should not be real estate.

However, in the case, the two defendants were the relationship between father and son. According to the provisions of the Civil Code, Xiao Song had the obligation to support, support and protect his father, and was exempted from reasons such as debt and children. At present, his father is old and has lived in this city for many years. There are no other housing in this city. There are many houses in the name of the Song Dynasty.

In addition, Song Boji provided funding for his son's purchase of a house. Although Xiao Song was the owner of the house, the exercise of the right to stipulate that the right of rights must not hinder public order and customs. And Xiao Song currently has a house in Shuangliu District. Song Boschi lives in the house involved in the house and does not cause Xiao Song and his family to live without a house. Therefore, he asked his father to retreat and return the house. It is not reasonable, and it is also contrary to the traditional filial piety of the Chinese nation. In the end, the court rejected Xiao Song's lawsuit requesting his father to move away from the house.

It is understood that after the judgment of the first instance, Xiao Song did not appeal again, and the judgment has taken effect.

Red Star News reporter Zhang Ling

Edit Tan Wangyu

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