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日前,淮阴市中级人民法院审结一起返还财产上诉案。农民张殿生终于通过法律途径维护了自己的合法权益。张殿生与刘在茂均系苏北某县同组村民。两家于1989年合买一台手扶拖拉机(含旋耕机、铁脚),放在刘家。1998年2月,两家经协商手扶拖拉机等折价2300元,并按两家人口数分担。刘在茂表示得款不要手扶拖拉机。张殿生按约付给刘在茂应得款1035元后,多次到刘家要求取走手扶拖拉机等物,但均被刘在茂以张殿生欠其双方家庭平时来往的财物款1600元以及为张殿生帮工10年欠其劳务费2000元为由阻止。张殿生遂诉至法院,要求判令刘在茂返还财产。一审法院经审理认为,两家合买的手扶拖拉机在折价结帐后,手扶拖拉机的所有权已归张殿生所有。故判决被告刘在茂于判决生效之日返还原告张殿生手扶拖拉机一台(含旋耕机、铁脚)。判决后,刘在
Recently, Huaiyin Intermediate People’s Court concluded the return of property with the case. Zhang Diansheng, a farmer, finally defends his legal rights and interests through legal means. Zhang Diansheng and Liu Zaimao are all villagers of the same group in a county in northern Jiangsu. Two in 1989 to buy a walking tractor (including rotary tiller, iron foot), on the Liu. In February 1998, the two traded tractors and other discounts of 2,300 yuan were negotiated and shared between the two groups. Liu Zaimao said that the proceeds should not be tractor. After Zhang Diansheng paid about 1035 yuan due to Liu Zaimao, he repeatedly asked Liu to remove the tractor and other objects. However, Liu Dian-mao owed Liu Dian-sang only 1,600 yuan for his personal belongings and 10 years for Zhang Diansheng Owed its service fee of 2000 yuan to stop. Zhang Diansheng then sued the court, asking Liu to be ordered to return the property. After trial, the Court of First Instance held that ownership of the walking tractor had been owned by Zhang Dian-sheng after the two jointly-purchased walking tractors were settled at a discount. Therefore, the defendant Liu Zaimao was sentenced to return to the defendant Zhang Diansheng a walking tractor (including rotary cultivator, iron foot) on the effective date of the judgment. After the verdict, Liu is in