Original title: the shopkeeper bought a lottery ticket instead of buying the home money, and the eight million prize was awarded equal score.
In Yunnan, Kunming, a small number of state-owned enterprises are mostly lottery fans. His colleague, Mrs Zhou's wife, runs a lottery sales shop in the hi tech Zone. Most of them use WeChat to invite Ms. Zhou to buy lottery tickets. In October 11, 2016, Mrs ZHOU also played a big lottery when she helped her to play the double ball lottery. What is even more surprising is that because of the recent "mental state is not good, the old mistake" action has won 8 million 210 thousand yuan. Next, Mrs ZHOU allowed her mother to pay the prize, and the bonus after tax was 657 yuan. In the face of this huge sum of money, a small number of people think that they should be completely owned by themselves. Many times they failed to negotiate with Ms. Zhou. He told Ms. Zhou to the Wuhua court. After the trial of the court of Wuhua, the two sides of the court decided to get half of the case. Recently, the central court of Kunming has maintained a trial decision.
The lottery in the wrong lottery
Xiao and Ms. Zhou, after adding WeChat, will be looking for Ms. Zhou to buy lottery tickets from mid June 2016.
Because it is far away from the lottery shop, little and Ms. Zhou's daily trading habit is that he sends money to Ms. Zhou with WeChat red packets, and after Ms. Zhou's receipt, he helps him buy the lottery. Ms. Zhou will put the name on the printed lottery ticket and take photos to distribute the lottery to a small number.
On October 9, 2016 and 10, much of the lottery was bought by WeChat to Ms. Zhou in accordance with the habit, but Ms. Zhou said she had forgotten to buy or not buy anything.
In October 11th, in the past, Xiao Yuan sent 6 yuan to Ms. Zhou on WeChat.
At about 8 o'clock that night, Mrs ZHOU bought a super lotto ticket at a price of 6 yuan at her own lottery sales shop. Then, in accordance with past habits, the word "multi" is marked on the lottery ticket.
After photographing the lottery ticket, WeChat sent it to Xiao Hao and sent a message, saying, "a little more, I'll play a big lottery for you."
Little reply: "nothing."
Zhou explained: "these two days are many things, bad spirits, always making mistakes. I should have played the double ball for you today, and always want to be a big lottery."
Ms. Zhou did not receive much more money, and the red envelope was automatically returned to a small account after 24 hours.
At 8:30 pm the next day, Super Lotto won the prize. A little more punctual watching, he was stunned, the night before, Ms. Zhou sent him the lottery, the first prize, a bonus of more than 8 million 210 thousand yuan.
The class was not in mind, and the money was old.
The next thing was dizzy and confused. Xiao went to see Ms. Zhou for the lottery. Mrs. Zhou did not give it to her, saying that she bought it.
This can be a little worse, almost unintentional, to work every day, to talk to Ms. Zhou, and to talk to MS Zhou for two times. I hope Ms. Zhou will give him the lottery.
Many of them clearly indicated that they would like to give a bonus to Ms. Zhou, but Ms. Zhou disagreed. She said she did not receive much money from the lottery, and the transaction between them was not valid. If a small number wants the ownership of the lottery, the winning money will be 46 divided, and she will account for 60%.
When negotiations between the two sides failed many times, Mrs ZHOU commissioned her mother to win the prize at the lottery center in November 21, 2016, and received more than 657 yuan after tax.
After 3 days of the award, Ms. Zhou told Ms. Zhou to the Wuhua court. A small number of colleagues were listed as third.
Who is the lottery ticket
Ms. Zhou said in the court that I and a little more are the cases of long-term entrustment of the lottery, but the trading habits of both parties are to pay the ticket first, and then buy the lottery instead of the ticket. For the same day, if you win the lottery, you will buy a lottery ticket for a small number. If you win the lottery, you will buy a lotto ticket for a small amount. But it was a double color ball that won the prize on October 11, 2016. I made a mistake and bought the lottery. I did not know that the lottery was wrong. It didn't make it clear that it was willing to accept the lottery, nor did I pay the money to the lottery. So the winning lottery and corresponding rights should belong to me.
In this regard, a small majority think that Miss Zhou will return WeChat's red packets to herself before winning the award, and can not terminate the contractual relationship between the two parties. She did not collect money due to its own reasons, and whether the actual collection of money can not deny the existence of the relationship between the two parties, and can not deny the legal facts of ownership of the lottery.
Each side enjoys 50% rights and interests
Wuhua court hearing that: Ms. Zhou in the small number of unpaid cases, the initiative to buy a lottery ticket, and then the lottery to WeChat to be sent to small, in the WeChat chat content between the two sides, Ms. Zhou told the little more wrong buy Lotto lottery ticket, the mistake of buying behavior, small chat in WeChat chat In the absence of a true ratification, Mrs ZHOU did not expressly accept the donation if she expressed the intention of giving it. There are many facts that do not pay for lottery tickets.
As far as Ms. Zhou is concerned, in the WeChat chat content of both sides, she has given or is self - bearing on the act of buying the lottery, and does not make a clear meaning. Because of the small amount of ticket, she does not exclude that Ms. Zhou makes a voluntary contribution to the lottery based on the three failure to buy the lottery in time and correctly. It is possible to give a little bit. But it can not be ruled out that Miss Zhou is willing to undertake lottery tickets and deal with lottery tickets on her own because she bought the lottery tickets on the wrong side. In the case of evidence that both sides can not prove that it is the only legal owner involved in the lottery, the court has integrated the case of the whole case, starting from the principle of fairness and taking into account the particularity of the lottery, to determine the 50% lottery rights and interests of both sides.
The court of Wuhua made a first instance decision: Ms. Zhou and Ren returned a small lottery ticket of more than 328 yuan, and dismissed a small number of other claims.
Both MRS and Mrs ZHOU did not accept the first instance decision, and both sides appealed. After the trial of the Kunming Central Academy, the original sentence was maintained. It is understood that now more than half of the small taxes have been paid half of the bonus 328 million yuan, Ms. Zhou is still as usual, run the lottery sales shop step by step.
Source: the spring city evening paper
Editor in responsibility: Zhang Shen
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