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Old 05-03-2011, 06:41 PM   #1
shantao8825
 
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Default 女子因幼儿园转让价太低有失公平状告买家

  亚心网讯 (记者 宗合)将幼儿园转让后,认为转让价太低想反悔,遂将买方告到法院,欲收回幼儿园。历经两级法院审理后,幼儿 园到底归谁?

  2008年,石河子市民李菲(化名)打算转卖自己经营的一家规模较大的幼儿园,并请某房地产评估公司对 幼儿园不动产进行评估,价值为500余万元。

  之后,李菲多次在报纸上刊登转让广告,何若康(化名)看到广告后与李菲经过四个月的磋商,最终确定转让 费为270万元,并签订了《幼儿园转让协议书》。

  2009年4月,李菲与何若康先后到房产部门、土地部门、教育部门等部门将幼儿园变更到了何若康名下。 随后,何若康给李菲付了216万余元,并垫付了李菲应支付的过户手续费4.5万元。

  没想到接手不到半年,何若康就接到法院传票,李菲要求撤销双方的转让合同。李菲说,GHD hair Irons,由于自己没有交易经验,幼儿园转让价格过低,交易显失公平,而且自己外债很多,无力偿还。

  法庭上,李菲称:“签订转让合同时,何若康承诺幼儿园转让后,继续由我承包或租赁经营,我才低于评估价 很多把幼儿园转让给了他。谁知转让后,他却不跟我签订承包或租赁协议。”

  对此,何若康称,合同是李菲拟订的,协商过程双方也都是自愿,因此协议内容合法,不存在显 失公平。

  石河子市人民法院经审理认为,李菲经营幼儿园多年,并非欠缺交易经验,其同意以270万元出卖幼儿园, 属于对自己合法权利的处分,不违反公平合理、等价有偿原则。而且双方对幼儿园的土地、房产进行了产权变更登 记,根据我国《物权法》第四条规定,“国家、集体、私人的物权和其他权利人的物权受法律保护,任何单位和个 人不得侵犯。”且“物权”优先“债权”,无论幼儿园有多少外债,并不影响双方交易的安全。

  其次,何若康未与李菲签订承包或租赁协议,属合同履行问题,不影响合同本身是否显失公平。因此对于李菲 所说何若康未履行合同而致使合同显失公平的主张,法院没有采纳。

  李菲不服一审判决,于今年5月向农八师中级人民法院提起上诉。
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Old 05-03-2011, 07:46 PM   #2
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330371 2006 年 02 月 08 日 14:06 Reading (loading. ..) Comments (0) Category: Miscellaneous world Kan
February 20 ~ March 20 Ruler: Neptune attributes: water sign
birthday horoscope born in the winter or the sun in Pisces characteristics:
Pisces is the winter and last zodiac sign. Winter when it is about to leave, the relative sense of left Pisces. This is one of the people have their own unique way of silence. You are all happening in the world, and even have a vague interest in things. This can not figure out ideas to make you into a mysterious glow,UGG オーストラリア, attracting many people. People think you are quiet, gentle, sincere and considerate person, but think your idea is so far-reaching and unpredictable. You desire,ugg, passion and hatred, as some sign that is not as full of absolute consciousness. Few hearts You do not understand why the future can continue to do, we must seize the time to be done today. Your body is easily fatigued. Noise, the crowds, the rush and urgent pace of life will make you exhausted. If in your birth horoscope is no more incentive in the direction of Mars or Uranus, then you will become lazy careless.
your body always maintains a naive, honest temperament. Generally speaking, if your birthday horoscope Saturn is not too many negative factors, and because experience in the ideal position of Jupiter or Venus is the case, you will be lucky always take care of: the unexpected, sudden opportunities, merrily character will benefit you. You may also win the lottery or encounter in life, a very rich and generous known to have been. Thus, the Pisces will enter a new mood in the other, full of fantasy or mystery live the good life. Another trend is the performance of your way of making money was completely ignorant, and perhaps sometimes tainted with dishonest problems. This mainly depends on the Jupiter and Neptune in your birth horoscope to the location.
Pisces warmth, flexible and mysterious. Your idea of poetry in general mood, the inner sensitive, and some mysterious female character, and often evoke reverie. Pisces themselves like fantasy, and try to use fantasy to escape the difficulties and troubles in life. This is a Journey in life, you sometimes because of cowardice, casual, laissez-faire and vague ideas at a loss, also because of their silence and lack of unrestrained passion and despair. Rude words and deeds will make your spirit be strong and exciting, you want a harmonious and friendly surroundings full of atmosphere. Your life who needs a strong support and help. Amiable dispositions will be all the goodwill, sincerity and kindness, but sometimes too much will make you into a In fact, you often need to sacrifice or make sacrifices in the case. It is easy to confuse and influence by others.
Pisces people are full of life might imagine, you select the best fantasy or imagined career, music, art, film, television, theater, especially the dance. The marine environment or water-related career is also very beneficial to you. Pisces people are often unstable economic conditions, sometimes sometimes life is very generous in financial difficulties, which are often unstable at you wrong. Whenever this time, you always want to avoid and escape seat ******** fish very faint idea of the property. You are able to adapt to the environment, and that the use of other people's property and to own property away to people who are asking themselves, is a matter of course. Moreover, another Neptune in the horoscope of a person have a decisive impact.
male Pisces
mysterious, weird, people do not know what you think or wish for. As in the birth horoscope affected by the strong, like Neptune, the sign that is a bit utopian mindset. Often muddling along in life. In the face of difficulties or conflicts do not like to give you a total desire for miracle solutions, and when you need to make choices, you also often helpless.
in love, if they do not take the initiative to tell their inner feelings to you, you never think to put into action. You need to be able to guide your words and actions of a competent and life partner. Because the issue of lack of initiative in love,ugg ブーツ, as the fancy options and the pursuit of easy to bring a combination of not as you wish.
you can not stand alone, instinctively attracted by the community and influence. Everything around in your mind branded, sometimes deep. Sometimes your mind fly illusory world, sometimes revel in the music, painting, poetry and fantasy in a beautiful mood.
you're likely to become a model for men of high moral character, may be not single-minded, obsessive peach or some incredible people. This will depend on your environment and in contact with their education and influence.
Pisces men generally lack the practical sense, more love squandered. Friends in trouble on a strong sympathy, will not hesitate to generosity and sincere help.
birthday horoscope Virgo woman is a rigorous and capable of a good housewife, she could hold the rank and file your career,UGG AUSTRALLIA, good care of your property, take the initiative to take on family responsibilities.
Cancer
you and the warmth of happy gay and Scorpio women or women will get along well.
Pisces women
gentle disposition, easy to get along with, your body has a hard to resist the exotic charm. This is a romantic and fanciful people, life is full of desire, but lack the ability to strain, so you need someone very much protection. Do you like someone else to arrange everything for you to order. Most women in this constellation as sweet and innocent child, I hope he is her husband's eye.
exciting event in front of, or frustrating situation, your mood changes are not very intense, on the contrary, will tend to smooth and calm. Your character is relatively weak, and some capricious. Feelings of others is easy to melt with you, to let others dominate. You need to learn to say
your life is full of imagination and have a strong spiritual life,ugg ムートンブーツ, the pursuit of color. Often illuminates the heart colorful fantasy. Maybe you love the person you think of the idol with very different, but you will still enthusiastic, in good faith into your arms. Your loyal love, and are willing to sacrifice for love. Your love life is full of mystery, or completely fatalistic, or the pursuit of Platonic conception.
Pisces women's interest was fairly concentrated. Materials or money are not very attractive to you, or even its lack of the necessary concepts. To manage domestic and economic aspects, you need someone to help.
Virgo birthday horoscope in good faith and prudent men,UGG ブーツ 格安, can understand and support you and respect you.
Cancer of the men
character has much in common with you, you each feeling, nature, harmony.
will you Scorpio men feel good and will be impressed with the passion of love your heart, and you like his masculinity and power.
Pisces children
Pisces children's education can not be ignored. Because the children of a very strong ability to adapt to your growth and development depends almost entirely on the impact of those around you.
you obey, love fantasy, eager to get from others useful recommendations and decisions, and then scrupulously followed it. But this does not affect your inclination to live in the realm of their own. You are intelligent, flexible, strong observation and imitation, often presented unexpected problems. Do not think you blissful silence, that moment when you can rest assured that whatever the contrary, it is necessary to understanding and forgiving heart, close attention to you, but should be appropriate, because you are very easy to follow the example of the martyrs of the move.
some of your thoughts are often ambiguous concept, it is best to teach you some methods of logical thinking, and nurture your spirit and ability to concentrate, so you can avoid straying beyond the pursuit of fantasy and nothing on the cause of the trend . Imaginative and escapist desire, in this performance of a child who was particularly prominent. You should beware of making bad friends and drugs or home. If you can win the goodwill and trust, you will do well to everything you expect people to give full play to your good nature.
your best way out is music, dance, stage art, painting and all the imagination, to predict and artistic appreciation of the profession. Charities, veterinarians, Navy, the hotel industry or the edge of their scientific research work is also very suitable.
Pisces born within 10 ° of different people's basic character:
Date of Birth: February 20 ~ February 29
Character: This is an extremely sensitive nervous people, critical thinking, or with abnormal mysterious sense of smell. This will tend to your spiritual concerns, or continue to fantasy. Need to have the sun, a constellation of birth to bring you more stamina and energy, to make the 10 ° of people radiate confidence and sense of reality, and to eliminate in front of your responsibilities in life and tend to escape easily. The 10 ° of the people are very receptive to the influence of others, often to hesitate between the various possibilities.
Power Source: Love
Date of Birth: March 1st ~ March 10
personality traits: the desire to make your mind good and acted in good faith, good, very few for their own sake. Your love and friendship are the real communication messenger. But there are also your character weak side: too much self-sacrifice or let someone else take a yard. Largely depends on your state of mind as you are inspired. Your emotions lack of consistency, easy to tend to drift almost uncertain.
Power Source: dedication
Date of Birth: March 11 ~ March 20
personality traits: the 10 ° for those who can not restrain himself within the character of the people, is less favorable, because you may be taken to an adverse environment awareness and to seek the absolute truth. Which will lead to the instability of your inner world: both want to live in the real world, and longing for the illusory vision. These two ideas can not be reconciled to haunt you all the time. Emotional and sensual pleasures of the attraction very sensitive, especially when Neptune, Mars and Jupiter, Venus or the moon was more obvious when a bad position, which could give pain or trouble love life.
power sources: changes in
famous people born in Pisces are: Albert Einstein, Strauss, Michelangelo (Italian Renaissance painter, sculptor), Copernicus (Polish astronomer), Hugo (France poet, novelist), Chopin (Polish composer and pianist), Ravel (French composer) Zhou Enlai.
short, Pisces, you:
imaginative Pisces said:
way to express love: passive.
is: love innocent people.
desire: love, joy.
deception: do not say
like: fantasy.
fear: being forgotten.
for: shortcuts.
favorable conditions: opportunity.
disadvantages: on the day of promise.
Weaknesses: left to nature.
holidays life: the sea.
cost: not too sure.
Mascot: horse tail monster.
like flowers: orchids.
auspicious metal: Platinum, or alloys.
Lucky Gem: Aquamarine.
Lucky Day: Thursday.
favorite color: green and color.
lucky numbers: 7,16,25,34.
favorite place: the sea can see everything: boats, fishing, etc.; wells or refineries; dance or ballet.
auspicious plants: flowers and all aquatic plants, algae, camellias and magnolias, all can cause hallucinogenic plants and mushrooms.
living conditions: indoor furnishings to help stretch the mind and cause illusions. There are many mysterious and quirky gadgets. Elegant mood and odd fans, a large fish tank, there are aquatic plants.
ideal living Country: Asia Minor region, the Sahara, Indonesia, the Antilles, Uruguay.
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