Do you know about defense pleadings? Know how to properly write a defense? The following is: the property sued the defense counterclaim, welcome to read!
Property Suit Reply Counterclaim [1]
Respondent: XX City Shunqing District City Impression Owners Committee.
Address: No. 42, Jinyuling Street, Shunqing District, XX City
Head of the owners' committee: XXX
Respondent: Sichuan Taihe Real Estate Development Co.
Address: 2nd Floor, No. 16 Yangjia Lane, Shunqing District, XX City, Sichuan Province.
Tel: 0817-6829115.
Legal representative: XXX
May 29, 2012, the respondent received XX City Shunqing District People's Court transferred? Sichuan Taihe Real Estate Development Co. Ordered the counterclaimant to pay the loss of 20000 yuan caused by the counterclaimant's change of the original design plan due to the illegal blocking of the counterclaimant's laying of natural gas pipeline? The case, now in accordance with the law, the following reply:
Reply:
The respondent requests the People's Court to reject the unreasonable and unlawful counterclaims of Sichuan Taihe Real Estate Development Co.
Facts and reasons:
First, the respondent has not seen the so-called ? The respondent has not seen the so-called "design plan for the original laying of natural gas pipeline of the City Tower Project". Ltd. did not inform the Respondent or the City Impression Owners' Association in writing in advance, let alone, whether this program can be adopted?
Secondly, the design of the City Impression project was not informed in writing to the respondent or the owners' meeting in advance. City impression? More than six hundred households in the district, the natural gas pipeline has been calculated in accordance with the number of households in the district pipeline diameter, and has been stereotyped pipe diameter.
Natural gas and other energy use facilities in the owners of the purchase of commercial housing has been to the natural gas company (whose costs have been collected by the Sichuan Taihe Real Estate Development Company Limited) to buy the right to use natural gas.
? City Impression? The natural gas and other ancillary facilities in the planning area of the neighborhood naturally belong to the owners **** have.
Third, if more than 1,000 households of ? City Impressions? If more than 1,000 households in the district to my neighborhood to open the natural gas interface diversion or to connect the natural gas pipeline has been stereotyped pipe delivery, the community living with natural gas pressure must have an impact (because the stereotyped pipe delivery of natural gas has not been pressurized).
This is in line with the Property Law, Article 92 (real estate rights for water, drainage, access, laying pipelines and other use of neighboring real estate, should try to avoid causing damage to the neighboring real estate rights; damage caused by the compensation shall be given.
) is contrary to the provisions.
? The city's first? Subdivision eventually borrowed? City Impression? Block 23 of the neighborhood next to the municipal main natural gas pipe to open the interface to divert or connect to the domestic natural gas pipeline, the impact on the quality of gas in my neighborhood is relatively small, the respondent and to facilitate.
This is in line with the Property Law, Article 88 (real estate rights for the construction, repair of buildings and laying wires, cables, water pipes, heating and gas pipelines, etc. must be used adjacent land, buildings, the land, buildings, the rights of the landowner shall provide the necessary facilities. The provisions of.
Fourth, at the suggestion of the community committee and the respondent, the person in charge of the XX gas company is required to make a written commitment to be published in my neighborhood: ? City first block? The neighborhood to? City Impression? District to open the natural gas interface diversion or to connect the natural gas pipeline has been finalized pipe diameter delivery after the commitment to ensure that the future ? City Impressions District natural gas users daily peak gas pressure without impact or normal use, the respondent's reasonable claims, XX Natural Gas Company has not been issued a letter of commitment publicized in the district.
Fifth, according to "Property Law" Article 76 and "Property Management Regulations" Article 11 of the matters provided by the owners *** with the decision.
Among them, the decision of item (vii) about *** have and *** with the management of the right to other major matters, should be the exclusive part of the total area of the building accounted for more than half of the owners and accounted for more than half of the total number of owners agree.
In fact, more than one-tenth of the owners of the public opinion agreed not to, let alone a written vote of more than half of the owners agree? The city's first neighborhood to the city impression of the neighborhood to open a natural gas connection to divert or connect to the natural gas pipeline has been set pipe diameter delivery?
In summary, the respondent believes that: the city impression of the district board or owners' association on this matter is not only not illegal, and is to maintain the dignity of the law, not to mention the cost of bearing any damages or litigation costs.
Hereby
XX City Shunqing District People's Court
Respondent: XX City Shunqing District City Impression Owners' Committee
June 1, 2012
Property Prosecution Response Counterclaim [2]
Respondent and Counterclaimer: Hu ______, Female ______ years old, Han nationality, temporary laborer, ______ province ______ county people, live ______ county forestry bureau bamboo wood processing plant dormitory.
Appointed agent: ______ County Legal Counsel Office attorney ______
Plaintiff ______ County Native Products Company v. Debt, now filed a reply and counterclaim as follows:
(a) the reply part: I (reply and counterclaimant) since _____ year _____ month _____ since the plaintiff hired as a temporary laborer, a professional truck loaded yet Maozhu, bamboo chips and other earth products.
____ _____ _____ morning, I and the other five temporary workers in the plaintiff's yard loading bamboo, because the truck has no fixed iron or wooden frame, only temporary selection of a few moso bamboo to do the insertion of the pole, loading equipment is not secure, coupled with overloading of 2.6 tons (250 moso bamboo), so that moso bamboo collapsed, I fell out of the car, was moso bamboo injuries, unconscious.
After the hospital examination and diagnosis, I was ? Traumatic splenic rupture, concussion? , head laceration stitches 12 stitches, splenectomy, *** transfusion of 1810 ml of blood, hospitalized for 56 days, spent 890.27 yuan in medical expenses.
After discharge from the hospital, the medical advice to rest for six months (hospital diagnosis has been submitted to your hospital).
The occurrence of this work accident is entirely caused by the plaintiff's side of the loading equipment is not firm, labor protection system is not sound.
The plaintiff, as a state-owned enterprise, not only did not check and improve its own work, but also shirked its responsibility, which is very undesirable.
The Ministry of Labor published the draft amendment to Article 36 of the Regulations for the Implementation of Labor Insurance. Temporary workers, seasonal workers and probationers of enterprises implementing labor insurance shall be treated the same as ordinary workers during medical treatment for injuries on duty.
According to the spirit of this provision, my treatment during the period of medical treatment for work-related injuries should be handled in accordance with the provisions of Article 12(a) of the Labor Insurance Ordinance, i.e., all the consultation fees, medical fees, hospitalization fees, meals while hospitalized, and travel expenses for medical treatment should be borne by the enterprise or the factory.
During the period of medical treatment, the salary will be paid as usual.
From this, the plaintiff advanced to my medical expenses ______ yuan as my arrears and now want me to return, purely do not know the law, do not understand the law performance.
(ii) counterclaim part: I was injured on duty during the medical treatment, according to the law should be borne by the plaintiff's expenses are as follows:
1. cash payment of medical fees, blood transfusion ambulance fees amounted to 667.54 yuan (all the documents have been submitted to your hospital);
2. hospitalization during the meal 84 yuan (1.50 yuan per day, 56 days);
3. nursing Wage 112 yuan (1 person per day, nursing 56 days, daily wage 2 yuan);
4. Medical period and post-discharge recuperation period *** 8 months of wages 480 yuan (60 per month)
The above four items, *** counted 1343:54 yuan.
In addition, I was injured before the balance of unclaimed by the plaintiff unlawful withholding of wages of 47.92 yuan, a total of 1391.46 yuan.
In addition to the medical expenses of 800 yuan, the plaintiff has loaned me. I should also be reimbursed 591.46 dollars.
I request you to find out the facts, consolidate my counterclaims and adjudicate according to law.
Hereby
_________ County People's Court
Respondent and Counterclaimant: Hu ______
_____ ______ Month _____
Response to the Dispute over the Sale and Purchase Contract [3]
Counterclaimant Zhang Moumou, Hu Mou v. Respondent Ganyu County, so-and-so car sales department contract dispute, the respondent now puts forward the following defense: the counterclaimant puts forward the litigation demand is neither factual nor legal basis, requesting the court to reject the counterclaimant's litigation demand according to the law, the reasons are stated as follows:
First, the respondent has completely fulfilled the contractual obligations, do not need to double the return of the deposit 60,000 yuan
May 18, 2010, the respondent Ganyu County, a car sales department and the counterclaimant Zhang Moumou signed a "purchase agreement", agreed by the counterclaimant to the respondent to buy STQ4250 head of the car, the price of 239,000 yuan, prepaid deposit of 30,000 yuan, the counterclaimant in the pickup of the car will be the remaining car payment in one lump sum.
After the signing of the contract between the two sides, on July 6, 2010, the counterclaimant to the respondent to pick up the car, at the same time, the counterclaimant Hu wrote a car owed to the respondent two hundred thousand nine hundred thousand yuan of the note.
So far, the respondent has fulfilled the contractual obligation to deliver the vehicle to the counterclaimant; and on the contrary, the counterclaimant has not yet paid to the respondent to clear the remaining car 209,000 yuan, although the respondent for a long time three times to the counterclaimant to demand the remaining car 209,000 yuan, but the counterclaimant has refused to deny for various reasons, the counterclaimant has been a very serious breach of the agreement signed by the two sides. The car purchase agreement signed by the relevant agreement, according to the provisions of Article 115 of the contract law, the counterclaimant does not have the right to request the return of the deposit, the counterclaimant even less right to request the respondent to double the return of the deposit, but should be the counterclaimant to continue to fulfill the contractual obligations, that is, a one-time payment of the remaining car payment of 209,000 yuan.
Therefore, the respondent has completely fulfilled the contractual obligations, do not need to double the deposit of 60,000 yuan.
Second, Lianyungang so-and-so car sales limited company does not have the car. Distribution right and ownership
The respondent and the manufacturer of the disputed vehicle Hubei so-and-so special automobile limited company Jiangsu manager signed an agency agreement, the respondent thus obtained the vehicle in the Lianyungang area of the distribution right.
The vehicle is by the manufacturer of Hubei so-and-so Specialty Vehicles Co., Ltd. from the company shipped to Jiangsu Nantong, and then, according to the sales situation of the Jiangsu market and then deployed to Ganyu County, that is, the respondent sales department, therefore, the respondent owns the ownership of the vehicle, the counterclaimant Hu wrote to the respondent owes the car payment of two hundred thousand and ninety-nine thousand yuan of the note, which series of evidentiary material to form a complete Chain of evidence, can prove that the respondent has the right to distribute and ownership of the car, and Lianyungang so-and-so automobile sales limited company does not have the right to distribute and ownership of the car, therefore, the counterclaimant in the counterclaim that from Lianyungang so-and-so automobile sales limited company to buy, there is no factual basis, it is nonsense!
Third, the car does not exist quality problems, the respondent does not need to compensate for the counterclaimant's so-called economic loss
The car is after the manufacturer's quality inspection before being allowed to leave the factory, in line with the manufacturer's corporate quality standards, at the same time, but also in line with the relevant industry standards and national standards.
In the respondent and the counterclaimant signed the purchase agreement in the fifth and sixth clearly agreed: the counterclaimant in the car did not object to the quality of the car, that is to say, agreed that the quality of the car is qualified, the respondent no longer bear any responsibility.
The counterclaimant in the counterclaim that the respondent to the car to rectify, the real reason is the counterclaimant to buy the car is a tractor, the counterclaimant also purchased a rear trailer, tractor and rear trailer to form a whole to be able to be used for transportation business activities, and the counterclaimant to purchase a rear trailer and the counterclaimant purchased in the respondent's place, because it is not the same automobile manufacturer production, the rear trailer and the rear trailer can be used for transportation activities, and the counterclaimant purchased in the rear trailer and counterclaimant in the respondent's place, because it is not the same automobile manufacturers.
Therefore, the reason why the counterclaimant allegedly went to the respondent to rectify the vehicle was not because of the quality problem of the vehicle but for the above special reasons, therefore, the respondent is not liable to compensate the counterclaimant for the so-called economic loss.