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APPEAL

  The Appellant (The defendant in the first instance):____________________________________
  The Appellee (The plaintiff in the first instance):_____________________________________
  The Appellant declines to accept the Civil Judgment with_________, in respect of the lease case, and hereby files the appeal according to law.  
  APPEAL
  APPELATE FACTS AND REASONS:
  Firstly, the Appellant's basic and leading opinions about the case follow:
  I. The first-instance court ascertained that_________This ruling is not law-based.
  II. The court ascertained that the Appellant's exercise of the right to avoid performing the contract as a defense against the Appellee's breach by reason that the Appellee has performed a majority of the contractual obligations and the Appellant was using the lease house when the parties entered into the contract. This ruling is in material violation of the provision of the Contract Law in respect of the defensive refusal to perform the contract.
  Secondly, the following are some defensive opinions of the Appellant based on the first-instance judgment which cannot be fully accepted.
  I. The ruling of the first-instance court ordering the Appellant to pay the rental according to the rental standard prescribed in the contract of_________by reason that_________is not law-based.
  II. The first-instance judgment_________is explicitly wrong in law implementation.
  III. Given the isolated law execution by the first-instance court , the Appellant has paid more than RMB_________in rental following ___.
  IV. Even under the circumstance of only handling the contract of_________by the first-instance court, no compensation , which is unfair either.
  In view of the foregoing, the Appellant maintains that __________Therefore, the Appellant requests second-instance court to make a fair judgment on the basis of ascertaining all facts of this case.
  To:
_________Court

 The Appellant:_________
 Date:__________________

 Attachment: two copies of the appeal

 

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