What court rejected the woman's request to return the breakup fee?

When a couple of rich people fell in love, the woman gave the man a "red envelope" 1 1.4 million yuan, and the marriage did not break down. The woman sued the man for returning the "red envelope" 1.4 million yuan, and the court rejected the woman's claim in the second instance.

Guangzhou Baiyun District Court decided in the first instance to return this 1 1.4 million yuan "red envelope". After the man appealed, the Guangzhou Intermediate People's Court recently ruled in the second instance that 1 1.4 million yuan belonged to the woman's general gift, and the final judgment rejected the woman's claim for return.

"Local tyrants love" throws millions of bride price and "red envelopes"

A Juan and A Jun (both pseudonyms) established their love relationship at the beginning of March 20 15. At the end of the same month, a dashing gentleman bought a big diamond ring in Tianhe City, Guangzhou and gave it to her on the spot.

Before Tomb-Sweeping Day, Ah Jun plans to take Ah Juan back to his hometown to visit the grave. However, the woman said that according to the custom of her hometown, she could not follow the man home to sweep the grave before engagement. The man wants to pay 3 million dowry to show his sincerity. The man is very sincere and local tyrant, and decisively turned 3 million. The woman successfully followed the man back to her hometown to worship her ancestors.

On April 18 of the same year, they held an engagement ceremony and banquet in Shangri-La Hotel, Guangzhou. At the ceremony, the man also paid the bride price of 108880 yuan to the woman's parents. After their engagement, they built a love nest in a city in Sichuan and lived together for half a year. However, during their cohabitation, A Juan and A Jun often quarreled because of their incompatible personalities, and finally broke up on 20 15438+0 1.

The man offered to let the woman return the diamond ring and bride price of 365,438+10,000 yuan. However, before and after the breakup, A Juan transferred a total of * * * 1 1479928 yuan to A Jun through her bank card account. Part of the money is transferred by bank and part of it is sent by WeChat red envelope.

So:

Over there-Jun sued Juan for returning the bride price.

Here-A Juan sued A Jun to the court, demanding the return of1140,000 yuan transferred to her.

The man was sentenced to return the 1 140000 "red envelope" issued by the woman in the first instance.

Regarding the lawsuit of the Afghan army demanding the return of the bride price, Guangzhou Baiyun District Court recently ruled that the bride price is money and goods paid by one party to the other for the purpose of marriage. If the marriage relationship cannot be concluded, the purpose of paying the bride price cannot be achieved, and the payer has the right to request the return. Considering that the original and the defendant had lived together for more than half a year after the engagement ceremony, the court ruled that the defendant A Juan returned more than 2.9 million yuan to the plaintiff A Jun according to the provisions of the judicial interpretation of the Marriage Law. After the judgment of the first instance, neither party appealed.

Regarding A Juan suing A Jun for returning the transfer amount of 1 1.4 million yuan, Guangzhou Baiyun District Court held that the focus of the dispute in this case was whether A Jun should return the above money. As far as this case is concerned, the two sides are in love, and it is human nature for men and women to give each other property to enhance their feelings in the process of love. However, the two sides have been in contact for less than a year, and A Juan's property to Ajun is as high as 1 1.4 million yuan, which is obviously unreasonable. From the general social cognition, it does not meet the daily consumption level between couples. Combined with the fact that Yuan and Ajun got engaged in April 20 18 and 20 15, and the hints of figures such as "52,000", "8888.88" and "8888.88", it can be explained that Ajuan paid Ajun a lot of property in order to marry Ajun, that is, her behavior was a conditional gift. At present, A Juan's expected marriage purpose has not been realized, and A Jun's possession of the donated property belongs to unjust enrichment. Now Ah Juan asks Ah Jun to return the property he paid, and Ah Jun should have the obligation to return it. In the first trial, Mr. A returned 1 14552 yuan to A Juan.

In the second instance, it was changed to1140,000 red envelope, which is a "gift" of the woman and does not need to be returned.

Jun appealed. In his view, A Juan's transfer to her occurred during the period of love, and one lover provided money to the other for the purpose of enhancing personal friendship, which belonged to the Hui Shi of goodwill during the period of love and did not belong to the adjustment scope of civil law. In addition, most of the money transferred by A Juan has been used for the expenses during their love, and they have squandered it. Furthermore, "We don't agree with A Juan that this case is a conditional gift. A Juan has no evidence to prove that the 26 payments transferred to A Jun are gifts for the purpose of marriage. "

Guangzhou Intermediate People's Court ruled in the second instance that A Juan did not provide sufficient evidence to prove that the above money was given on the condition of marriage, which should be a general gift, and A Jun did not need to return it to A Juan. The reasons are as follows: first, the above-mentioned funds were transferred irregularly and irregularly in the past year, and the amount was large or small. There is no evidence that A Juan made it clear that the money transferred is conditional on the future marriage of both parties, whether through bank transfer or WeChat red envelope. Second, when A Juan sued the case, she claimed that the money involved was a loan, and later she changed her application to a conditional gift. This reflects that A Juan did not explicitly make the transfer conditional on marriage. Third, during the donation period, both parties live together. Considering the uncertainty of the transfer time and amount, it is not excluded that part of the money is used for the common life of both parties. After the two sides broke up, Ajuan still transferred money to Ajun. The meanings of several transfers from Ajuan, such as "52,000" and "8888.88", indicate that Ajuan's transfer should be to contact feelings, express love and save Ajun's mind, but it cannot reflect the transfer on the condition of marriage. Fourth, although the total amount of the above-mentioned money is relatively high, the available evidence shows that A Juan's personal economic conditions are good, and the payment of the above-mentioned money is not beyond a reasonable range.

Accordingly, the Guangzhou Intermediate People's Court ruled that according to the provisions of the Contract Law, A Juan did not provide sufficient evidence to prove that the above money was a conditional gift, so it was a general gift during the period of love. A Juan has paid the above money to A Jun, and there is no factual and legal basis for her request to cancel the gift and return the money. The court refused to support it, and finally rejected A Juan's appeal.

Without love, it's easy to be together and break up. Two local tyrants who are not short of money go to court for money, hurting people and hurting people.