Authorized Agent: Ma Zhiyi, lawyer of Lingcheng Law Firm in Gannan Prefecture.
Appellant (the third person in the original trial) Su, male, born in April 17, 966, Hui nationality, the operator of silk and satin grocery store in shiqu county Market, Sichuan Province, lives at No.47 Duipogen, Chengguan Town, Lintan County.
Appellant (the third person in the original trial) Su Shenghua, male,1born on April 5, 972, Hui nationality, a cadre of Lintan County Administration for Industry and Commerce, lives in the relatives courtyard of the repair shop of West Street Hydropower Bureau in Chengguan Town, Lintan County.
Appellant (the third person in the original trial) Su, male,1born on August 9, 973, Hui nationality, lives at No.57 Shangjiaokou Village, Chengguan Town, Lintan County.
Appellee (plaintiff in the original trial) Zhang Fatuman, female,1born in June, 935, Hui nationality, from Chengguan Town, Lintan County, living at No.92, North Zhengjiatai, Chengguan District, Lanzhou City.
Authorized Agent: Wang Shouwu (son-in-law of Zhang Fatuman), male, Lanzhou Personnel Bureau, Gansu Province, with the same address as above.
Appellee (plaintiff in the original trial) Michelle Li, female,1958 65438+/kloc-0, born on October 23rd, is a Hui nationality, an employee of Lanzhou Telecommunications Bureau, Gansu Province, with the same address as above.
Appellants Wang Erzeye, Su Shuhua, Su Shenghua and Su refused to accept the civil judgment of the Intermediate People's Court of Gannan Tibetan Autonomous Prefecture (1999) Zhou Min 02 and appealed to our court. The court formed a collegiate bench according to law and held a public hearing. Appellant Wang Erzeye entrusted lawyers Ma Zhiyi and Su Shuhua, Appellee Zhang Fatuman, and entrusted agents Wang Shouwu and Li Xiaoyun to attend the lawsuit. The trial of this case has ended.
The original trial found that Li Peide and Zhang Fatuman got married in Lintan County according to local folk customs on 1953, and they had a good relationship after marriage. They gave birth to a daughter named Michelle Li in June of 1958. 1983, Zhang Fatuman lived in Gannan with his daughter. 1On April 8, 985, Li Peide reached a divorce agreement with Zhang Fashangman under the auspices of others. 1June, 1986, Li Peide and Wang Erzeye got married in the People's Government of Chengguan Town, Lintan County. 199 1 At the beginning of the year, Li Peide and Wang Erze Ye's third son Su went to shiqu county, Sichuan to open a satin grocery store. 1997 10 Li Peide returned to Lintan County and died of illness on 1 28. 1998. When Li Xiaoyun learned of his father's death, he and her husband rushed to Lintan to arrange the funeral. 1in March, 1998, Zhang Fatuman sued for inheriting the estate of her late husband Li Peide, and proposed property preservation before the lawsuit. The court of first instance adopted (1998) Zhou Zi No.2 ruling to preserve the goods in the warehouse of shiqu county Silk Non-staple Food Store, then unsealed the store and counted and registered the goods. The total value at that time was 39,765,438. During Li Peide's joint operation with Su Shuhua and Su before his death, the total value of goods in the retail department and warehouse was 473,087.6438+04 yuan, and the total debt owed was 29,543.57 yuan.
The court of first instance held that although Li Peide and Zhang Fatuman divorced by other people's agreement in April 1985, their divorce agreement was invalid, had no legal effect and was not recognized, so Li Peide and Zhang Fatuman belonged to the legal de facto marriage relationship. The marriage certificate obtained by Li Peide and Wang Erzeye in September 1986 is not recognized. Su Shuhua, Su Shenghua, Su and Li Peide lived together and did their duty to support Li Peide to a certain extent, but they did not form a stepson relationship. Before Li Peide died, the property value of the sales department was 473,087.6438+04 yuan, and the debt was 299,543.57 yuan. However, the fact that only the goods were 397 17.27 yuan in stock was not reasonable. According to the principle of consistency of rights and obligations, the debt is repaid first in the division of property, and the rest belongs to the property jointly operated by three people. Li Peide's inheritance from the analyzed property shall be inherited in the legal succession order. In view of the fact that Wang Erzeye and Su San brothers have fulfilled their obligations during Li Peide's illness and hospitalization, they can appropriately share the property less than the heir's share. According to the provisions of Articles 10, 13, 14 and 26 of the Law of Succession of People's Republic of China (PRC), the Court ruled that: 1. Li Peide's debts during his joint operation with Su and Su Shuhua were 29,854,357 yuan (including 37,000 yuan owed to Anjiang, 25,000 yuan owed to Linxia and 236,543.57 yuan owed to Linxia). 2. The value of the property jointly owned by Li Peide, Su Shuhua and Su is 174543.57 yuan, each 58 18 1. 19 yuan; 3. Zhang Fashang divides half of the joint property of husband and wife, that is, 29,090.60 yuan; 4. Among the 29,090.60 yuan of Li Peide's estate, Zhang Fatuman and Michelle Li each inherited 10000 yuan; V. Wang Erzeye, Su Shuhua, Su Shenghua and Su each received property of 2,272.65 yuan. Based on the above five items, the defendant and the third party paid the plaintiff 49,090.60 yuan, the debt was paid off by the defendant and the third party, and the shiqu county retail department was owned by the defendant and the third party. The acceptance fee for this case has been paid by both parties. During the retrial, other expenses of 7,029.46 yuan shall be borne by the plaintiff, 3,000 yuan and 4,029.46 yuan by the defendant and the third party. Because the legal costs of this judgment are not clear, our court ruled by (1999) Zhou Min Zi Chu No.03 civil ruling that the acceptance fee of this case has been paid by both parties, and the acceptance fee of the first instance case should be 9606 yuan, and other legal costs should be borne by the plaintiff, and the defendant and the third party should each bear 9606 yuan.
Wang Erzeye, Su Shuhua, Su Shenghua and Su refused to accept the above-mentioned civil judgment of the Intermediate People's Court of Gannan Tibetan Autonomous Prefecture, and appealed to our court, claiming that Li Peide had no inheritance relationship, and the property and debts of shiqu county retail stores had nothing to do with Li Peide. The original judgment found that the total value of the goods in the retail store and part of the goods were disposed of by the appellant, and the debt was false; The subject listed in the original judgment was improper, resulting in a wrong judgment; The original trial found that the cohabitation relationship between Li Peide and Zhang Fatuman was a de facto marriage relationship in law. However, the marriage certificate between Li Peide and Wang Erzeye was denied, and Zhang Fatuman had no inheritance right. If Li Peide has an inheritance, Wang Erzeye should be the legal heir of the inheritance, and so on, and he appealed to cancel the original judgment. Zhang Fatuman and Michelle Li replied: Su Shuhua stated that there were 700,000 yuan of goods, which were operated by Li Peide and Su, and later went up to operate. How can the store department say that it has nothing to do with Li Peide? Go back on our word, borrow money and transfer property in an attempt to monopolize property. The original trial found that there was a problem with the division of debts and property, and requested a revision of the judgment according to law.
It was found through trial that Zhang Fatuman and Michelle Li were mother-daughter relations. Wang Er is related to Su Shuhua, Su Shenghua and Su. The decedent Li Peide and Zhang Fatuman cohabited under the condition of 1953 unregistered marriage, and had a daughter, thus forming a de facto marriage relationship. From 65438 to May 0985, the two sides separated due to family disputes, and Li Peide moved out of the relationship of grain farmers. 1September, 1986, Li Peide and Wang Erzeye went to the People's Government of Chengguan Town, Lintan County to get a marriage certificate, but the marriage registration authority did not review the divorce procedures of Li Peide and Zhang Fatuman. 199 1 At the beginning of the year, Li Peide and Su, the second son of Wang Erze Ye, went to shiqu county, Sichuan to open a silk grocery store; 1993, Wang erze's eldest son Su went to the sales department to operate; 1997 10 Li Peide returned to Lintan County and died of illness on 1 28. 1998. When Li Xiaoyun learned of his father's death, he and her husband went to Lintan to take care of the aftermath. Wang Erzeye and his three sons also took care of Li Peide's funeral. During Li Peide's joint operation with Su Shuhua and Su before his death, he did not make an inventory of the value of goods and debts of the sales department. According to the recent purchase order and receipt provided by Su Shuhua, the total value of goods in the retail department should be 3945 14.9 1 yuan as common property, and the total debt is 12458420 yuan (including 37000 yuan from Anjiang and 20 yuan, Xia Ya).
The court held that Li Peide and Zhang Fatuman did not go through the marriage registration formalities, that is, they lived together in the name of husband and wife and had a daughter, and lived together for more than 30 years, which should be considered as a de facto marriage relationship. When both parties divorce, they should go to the marriage registration office or the people's court to dissolve the marriage relationship and get a divorce certificate. However, Li Peide and Zhang Fashangman did not go to the relevant departments to go through the formal divorce procedures. This religious private divorce agreement has no legal effect and should be invalid. When Li Peide and Wang Erzeye received the marriage certificate, the marriage registration authority did not strictly examine Li Peide's divorce procedures, which violated the provisions of the Marriage Law and should be invalid. Zhang Fatu enjoys the legal inheritance right to the estate of the decedent Li Peide. Wang Erzeye, Su Shuhua, Su Shenghua and Su raised the problem that the subjects listed in the original judgment were improper and Zhang Fatuman had no inheritance right. Because the marriage relationship between Li Peide and Wang Erzeye is invalid, Zhang Fatuman can inherit the deceased's estate as a spouse according to the requirements of the inheritance law, so there is nothing wrong with Zhang Fatuman as the subject of this case. Therefore, the appeal grounds of Wang Erzeye and others are not supported. About Wang Erze Ye, Su and Su Shenghua. Sue raised the question that Li Peide had no legacy. Upon verification, Li Peide and Su Yu 199 1 went to shiqu county Silk and Satin Non-staple Food Store in Sichuan Province. When Li Peide traded with other individual industrial and commercial households, all current accounts were recorded in his name. 1993 Sukhwa participated in the store operation, and Li Peide did not count the value of the goods during 1997' s return to Lintan. Sukwa recognized Li Peide's credit, and Sukwa provided a large number of IOUs, bills and receipts to prove that the store should be the common property of Li Peide, Sukwa and Su. The property value of the sales department shall be subject to receipt of the invoice. The amount of the receipt is 394,565,438+04.95438+0 yuan is a common property, so it should be analyzed and made first. The share due to the decedent Li Peide was 89,976.90 yuan. The original trial found that the property value was 473,087.6438+04 yuan, and there was no definite evidence, so it should be corrected. In addition, Wang Erze Ye, Su Shuhua, Su Shenghua. Su proposed that the original judgment found that the debt was wrong and should be more than 630 thousand yuan. Upon verification, most of the IOUs provided by Su Shuhua are purchase invoices, receipts, purchase bills of lading and certificates. Purchase invoices, receipts and purchase bills of lading, which can only prove that the seller transferred the ownership of the goods to the buyer and the buyer paid the corresponding price. The invoice issued by the seller and the settlement voucher for immediate settlement of sales are not proof of debt. The determination of the loan relationship should be based on the written receipt. If there is no written receipt, it must be proved by an interested witness. Our hospital identified Li Peide's debt as 124584.20 yuan. Therefore, the original trial found 298,543.57 yuan, and the evidence was insufficient, which should be corrected. Therefore, his grounds for appeal cannot be accepted.
Accordingly, in accordance with the provisions of Item (3) of Paragraph 1 of Article 153 of the Civil Procedure Law of People's Republic of China (PRC), the judgment is as follows:
1. Revoke the civil judgment No.02 of Gannan Tibetan Autonomous Prefecture Intermediate People's Court (1999);
Ii. Debts of the decedent Li Peide during his joint operation with the appellants Su and Su Shuhua before his death12,458,420 yuan (including Anjiang 37,000 yuan, 25,000 yuan, Min Juncheng1678,420 yuan, Ding 35,800 yuan, and Wulaheman10,000 yuan).
Three. The decedent Li Peide, the appellants Su and Su Shuhua each received 89,976.90 yuan;
4. The estate of the decedent Li Peide was 89,976.90 yuan, and the appellee Zhang Fatuman divided it in half, that is, 44,988.45 yuan;
Verb (abbreviation of verb) Appellees Zhang Fatuman and Michelle Li inherit the share of the decedent Li Peide's estate as 10000 yuan, totaling 20,000 yuan;
The estate of Li Peide, the inheritor of the intransitive verb, was divided by the appellants Wang Erzeye, Su Shuhua, Su Shenghua and Su by 6247 yuan.
The above four or five items total 64,988.45 yuan, which shall be paid by the appellant within 30 days after the judgment takes effect; The debts were repaid by Appellants Su Shuhua and Su; The silk shop in shiqu county, Sichuan is run by Su Shuhua and Su.
1. Court acceptance fee for second instance 192 12 yuan, with each party bearing 9606 yuan; Other litigation costs of first instance 16635.46 yuan, and both parties shall bear 83 17.73 yuan respectively.