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Classic civil defense of second instance
Wonderful defense in the second instance: Fan:

Defendant (plaintiff of first instance, counterclaim defendant): female, born on June, 19, Han nationality, now living in Jie Zhen, Ningyang County and working in Jin 'an.

The respondent's defense to the appellant (defendant in the first instance and counterclaim plaintiff) in the second instance of renting house case is as follows:

1. In the process of hearing this case, the court of first instance conducted a correct trial in full accordance with legal procedures.

1. When the court of first instance held its second session, the respondent was summoned by the court summons, and the appellant refused to appear in court without justifiable reasons, so the court of first instance made a civil ruling and the counterclaim in this case was automatically withdrawn.

2. The reason for the second hearing was not because the respondent was not the court of first instance, but because the appellant did not appear in court to file a lawsuit at the first hearing on July 4th, 201March, and the respondent's agent gave evidence, and the request for changing the lawsuit expired. In view of this situation, the court of first instance decided to adjourn the court and open the court on another day.

The respondent received a summons from the court of first instance on 20 1 13+0, and it is scheduled to hold a second hearing on 20 13+0 14 at 9: 00 am. And reported that the infringer Xu broke into his rented community #3#202 in July. In addition, the respondent's agent reported the case to the Dongguan Office of Miao Wen Police Station in Ningyang County on 20 13.9.3, and the staff member Wang Tao called Xu Xiue, who admitted to breaking into the house and left a telephone record. The court can investigate and collect it there. However, the appellant had a guilty conscience, and in the face of conclusive facts, he admitted that he was unreasonable, had no face and skin to appear in court, and refused to appear in court to participate in the proceedings without justifiable reasons. In fact, it should be regarded as a waiver of litigation rights and cross-examination rights in essence. However, after the first-instance judgment was issued, he became angry and refused to change his mouth, and then made unreasonable demands.

Noisy, a rogue. Check the appellant's other files and you will know who he is. Very civilized! Yesterday, May 12, I went to Room 202 of the community to observe, and found that the door of the house was illegally locked, and the storage room was illegally locked by Xu, with her own wooden box, wine bottle and other things. The original electric car was pushed away. I have photos and videos to prove it.

Second, the court of first instance applied laws and legal procedures correctly, and the appellant's appeal grounds could not be established; The court of first instance found that the facts were clear and the evidence was sufficient, which should be maintained.

The trial of the court of first instance conforms to the relevant provisions of the Civil Procedure Law, and there is nothing improper. The forged contract mentioned by the appellant is a complete false accusation. At that time, she told her residence address, signed the contract agreement in person, and took out her identity documents for comparison. The fact is vivid in my mind, just like yesterday, she lied to a kind person who didn't know the truth. This is tolerable, and this is intolerable. She deliberately hid the original of the lease contract paper in her hand to confuse right and wrong by luck, in an attempt to reverse the case, which was wishful thinking.

As for the decoration payment and materials payment, the respondent in the first instance has evidence that the owner paid for the materials and paid for the work. Check out every time you finish decorating. Among them, 5,000 yuan and 2,000 yuan were changed by Xu himself at the Agricultural Bank of China. Only 60*60 yuan's low-quality bricks and painted walls were laid in the decoration. It is a very simple decoration, and it doesn't cost 20,000-30,000 yuan at all. It can be identified by quality and technology. To say the least, even the flowers are the owner's flowers, and Xu didn't even pay a copper coin. Xu is only an agent to introduce the decorator and pay the salary. She tried to cheat the judge by cheating money in this way, which is absolutely intolerable and not allowed by law. Buying a house is even more ridiculous. Even people who don't learn French don't believe it, because it's deceptive. All its problems have been clearly stated above, and the civil judgment of the court of first instance shows that the appellant's appeal grounds cannot be established.

Stand, also has nothing to do with the original request of this case. As a citizen, it is understandable that the appellant enjoys legal litigation rights. However, under the guise of legal litigation, he can't make things out of nothing, gossip and create troubles in the course of litigation, which has caused great harm and adverse effects to the court of first instance, the respondent and its agents. These actions of the appellant are an abuse of his litigation rights. This is also against the law and is not allowed by anyone with a conscience.

Based on the above facts and reasons, the court of first instance found that the facts were clear, the evidence was sufficient, the applicable law was correct and the procedure was legal. The court of first instance applied Article 60 1 and Article 263 of People's Republic of China (PRC) Contract Law and ruled that the case was well founded, reasonable and legal. The respondent believes that the appellant's appeal request cannot be established, and implores the people's court of second instance to reject his claim after hearing and uphold the original judgment according to law. In addition, the loss caused by it is 6000 yuan (the current rental fee is 1200 per month). Legal fees, transportation expenses, etc. 2000 yuan

I am here to convey

Taian intermediate people's court

Respondents:

20xx4 May 13

The second trial defense is wonderful:

Respondents:

The respondent refuses to accept _ _ _ _ _ _ _ _ _ (cause of action) the judgment of the people's court is as follows:

__________________________________________________________________________________________________

I am here to convey

_ _ _ _ People's Court

Respondent: _ _ _ _ _ _ (signature and seal)

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

Attachment: _ _ copies of the defense.

note:

(1), header? Responder? The column should indicate the name, gender, date of birth, nationality, native place, occupation or work unit, position and address, etc. If it is a legal person or other organization, the name, domicile and the name of the legal representative or person in charge shall be indicated.

(2) if it is a legal person or other organization, the tail? Responder? There should be more, right? Legal representative? Or? Responsible person? Signature or seal position.

(3) The number of copies of the defense shall be submitted according to the number of appellants.