Plaintiff client negotiated with Defendant trustee to process, in Defendant’s name, the certificates for the right to use the sea area in which the four shrimp circles were located, which Plaintiff was assigned from the four lessees outside the case. In order to handle the certificate, Defendant concluded Agreements with four lessees, indicating that the four people transferred their self-built shrimp circles to Defendant, a total of more than 80 acres. In order to prove that the actual owner of the shrimp circles was Plaintiff, Plaintiff and Defendant concluded three Agreements, stating that Defendant transferred a total of 80 acres of self-built shrimp circles to Plaintiff. After receiving the shrimp circles, Plaintiff transformed the four shrimp circles into sea cucumbers circles. Later, Plaintiff and Defendant rented more than 50 acres of sea cucumbers circles to Outsider YAN Chengzhi for use, sea cucumbers should be owned to YAN Chengzhi. From 2007 to 2009, Defendant paid the sea area fee in its own name for the sea area where the sea cucumbers circles were located, but until the day the sea cucumbers circle were levied, Defendant did not obtain the sea area right certificate of the sea area where the sea cucumbers circles were located. A few years later, the sea area involved began to move, because Plaintiff and Defendant had dispute on the ownership of the two sea cucumbers circle compensation, the Third Party sub-district office did not issue the two sea cucumbers circle compensation, now Plaintiff filed an action before the court to ask Defendant to pay the sea cucumbers circle compensation or assist it to obtain the above compensation. The court held that after deducting the compensation for the aquaculture involved in the sea cucumbers circles, the compensation for the two sea cucumbers circles involved should belong to Plaintiff. Because the four lessees transferred the shrimp circles to Defendant according to Agreements concluded between them and Defendant, Defendant then transferred the shrimp circles to Plaintiff according to Agreements concluded between them and Plaintiff, and Plaintiff finally obtained the ownership of the four shrimp circles involved. Defendant should pay the fees for the use of the sea area on behalf of Plaintiff. In addition, Defendant failed to provide sufficient evidence to prove that it was the donor of the shrimp circles transformed into sea cucumbers circles, and the donor of the shrimp circles transformed into sea cucumbers circles should be presumed to be Plaintiff. However, one of the sea cucumbers circles was rented to Outsider YAN Chengzhi, and it was not Plaintiff who operated the aquaculture, so the compensation for the aquaculture of the sea cucumbers circles should not be obtained by Plaintiff.

WANG Hui v. WANG Zhizhong

章节
发表日期：

2025年

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Martin Davies,
Jiang Lin

摘要

Plaintiff client negotiated with Defendant trustee to process, in Defendant’s name, the certificates for the right to use the sea area in which the four shrimp circles were located, which Plaintiff was assigned from the four lessees outside the case. In order to handle the certificate, Defendant concluded Agreements with four lessees, indicating that the four people transferred their self-built shrimp circles to Defendant, a total of more than 80 acres. In order to prove that the actual owner of the shrimp circles was Plaintiff, Plaintiff and Defendant concluded three Agreements, stating that Defendant transferred a total of 80 acres of self-built shrimp circles to Plaintiff. After receiving the shrimp circles, Plaintiff transformed the four shrimp circles into sea cucumbers circles. Later, Plaintiff and Defendant rented more than 50 acres of sea cucumbers circles to Outsider YAN Chengzhi for use, sea cucumbers should be owned to YAN Chengzhi. From 2007 to 2009, Defendant paid the sea area fee in its own name for the sea area where the sea cucumbers circles were located, but until the day the sea cucumbers circle were levied, Defendant did not obtain the sea area right certificate of the sea area where the sea cucumbers circles were located. A few years later, the sea area involved began to move, because Plaintiff and Defendant had dispute on the ownership of the two sea cucumbers circle compensation, the Third Party sub-district office did not issue the two sea cucumbers circle compensation, now Plaintiff filed an action before the court to ask Defendant to pay the sea cucumbers circle compensation or assist it to obtain the above compensation. The court held that after deducting the compensation for the aquaculture involved in the sea cucumbers circles, the compensation for the two sea cucumbers circles involved should belong to Plaintiff. Because the four lessees transferred the shrimp circles to Defendant according to Agreements concluded between them and Defendant, Defendant then transferred the shrimp circles to Plaintiff according to Agreements concluded between them and Plaintiff, and Plaintiff finally obtained the ownership of the four shrimp circles involved. Defendant should pay the fees for the use of the sea area on behalf of Plaintiff. In addition, Defendant failed to provide sufficient evidence to prove that it was the donor of the shrimp circles transformed into sea cucumbers circles, and the donor of the shrimp circles transformed into sea cucumbers circles should be presumed to be Plaintiff. However, one of the sea cucumbers circles was rented to Outsider YAN Chengzhi, and it was not Plaintiff who operated the aquaculture, so the compensation for the aquaculture of the sea cucumbers circles should not be obtained by Plaintiff.