The man who bought a house in a house was regretful that he had not obtained a real estate certificate for 20 years.

Jimu News reporter Zhang Yang

Lear reporter Wang Jiawen

Xinhua News Agency information map

In 2001, Mr. Liu, a citizen of Wuhan, spent 230,000 yuan to buy a house from Ms. Gao. After signing a house purchase contract and paying the house, he quickly stayed in. At that time, Ms. Gao said that when her real estate certificate was issued, the house was transferred to Mr. Liu.

In 2006, Mr. Liu was waiting for the household for several years. He sued Ms. Gao to court and asked the other party to transfer the house as soon as possible. Since then, Mr. Liu has started a long road to defending the rights. After that, Ms. Gao sold the house to her colleagues and quickly completed the household. 21 years have passed, and the house has now valued more than 3 million, with an value -added of about 14 times. Mr. Liu still did not get a real estate certificate.

The house I bought was transferred

In July 2001, Mr. Liu purchased a real estate at the Intels of Intels in Xudong Road, Wuhan in Wuhan, at a price of about 1,800 yuan per square meter. The transaction price of the two parties was about 230,000 yuan. After signing a house purchase contract and paying the house, the Mr. Liu's family quickly moved in. At that time, Ms. Gao said that the Intels was newly built. The real estate certificate of the house has not been issued for the time being. After the real estate certificate is issued, I will transfer to Mr. Liu.

But until October 2006, Mr. Liu, who had been waiting for five years, still did not get a real estate certificate. Every time I asked Ms. Gao, Ms. Gao would always delay in various ways. Mr. Liu, who didn't want to wait any more, brought Ms. Gao to court and asked her to assist herself to complete the transfer as soon as possible.

"I only knew when the court opened the trial. She had completed the real estate certificate as early as 2002, but she never gave me a household." Mr. Liu said, "Although the court's decision later asked her to give me a household as soon as possible, but I can't execute it. "

It turned out that although the verdict was officially announced in March 2008, Mr. Liu applied to the Wuchang District Court for mandatory execution in June. In the three months of this, Ms. Gao contacted her colleague Ms. Chen, and sold the house to Ms. Chen at a price of about 400,000 yuan in April, signed a house purchase contract and completed the transfer.

Because the property had disputes with Mr. Liu, Ms. Gao and Ms. Chen arbitrarily arbitral in the Wuhan Arbitration Commission in May. As a result, the arbitration results believed that Ms. Gao and Ms. Chen's house trading contracts were legal and effective. Therefore, when Mr. Liu applied for the execution of the verdict to the Wuchang District Court, the court's judgment results conflicted with the arbitration results, and Mr. Liu's judgment could not be implemented.

After that, in April 2009, Ms. Chen sold the house to Mr. Sun at a price of 600,000 yuan and completed the transfer. After inquiring the file, she confirmed that Mr. Sun was the brother -in -law of Ms. Gao.

Mr. Liu said that he repeatedly filed a lawsuit to confirm the property rights of the house, but because of the existence of the arbitration results of Gao Chen, the court was rejected without trial. Since I was the "outsider" of the two of them's arbitration, and the outsider wanted to revoke or not execute the arbitration document application, the law did not clearly stipulate this at that time, so the problem was not resolved for a long time.

Evidence of Mr. Liu when prosecution (Photo by Jie Yang, a journalist Zhang Yang)

Apply to the Provincial High Court to rulk

In March 2018, the Supreme People's Court issued the "Provisions on Several Issues on Cases of the People's Court for Arbitration Consultation", which clarified the case of outsiders who did not perform the arbitration mediation of the case. Mr. Liu, who learned this news, immediately provided that he did not perform the results of the arbitration of Ms. Gao and Ms. Chen in 2008.

After about three and a half years of investigation and review, in September 2021, the Hubei Provincial Higher People's Court issued a ruling of "(2021) Hubei No. 5". The ruling believes that Mr. Liu advocates that the property rights of the Intels belong to him, which is legal and true.

At the same time, for whether Ms. Gao and Ms. Chen had false arbitration in 2008, the ruling believes that Ms. Chen as a colleague of Gao is not afraid of the disputes of the real estate itself. Ms. Chen resold the fighting house. When Ms. Chen bought this house from Ms. Gao, the house evaluation price was about 614,200, and the transaction price of the two was 600,000 yuan. However, Ms. Chen paid only 416,000 yuan when she paid the house, which was nearly 200,000 yuan from the registration information. After signing a house purchase contract, the transfer procedures were completed. Combined with the previous situation of the Wuchang District Court requesting Ms. Gao to assist Mr. Liu to complete the transfer, the ruling believed that Ms. Gao and Ms. Chen applied for arbitration and achieved mediation.

The ruling also mentioned that the principle of honesty and trustworthiness should be observed. In the days when house prices are soaring, obeying the principle of honesty trust is conducive to the protection of transactions. If the referee protects the malicious regrets to benefit, then this value will be deviated from justice. The false arbitration between Ms. Gao and Ms. Chen damaged the legitimate rights and interests of Mr. Liu. In the end, the book ruled that the arbitration results of Ms. Gao and Ms. Chen in 2008 in the Wuhan Arbitration Committee in 2008.

"This ruling has removed the biggest obstacle to my house property rights." Mr. Liu said comfortably, "This referee was still an excellent referee document in Hubei Province in 2021, and was also explained by the school as a case."

The road to defending rights has not ended

After the results of the Hubei Provincial Higher People's Court were officially announced, Mr. Liu was going to continue to confirm the ownership of the house through confirmation lawsuits and solve the problem that troubled him for 20 years. However, Mr. Liu's road to defending rights was blocked again in 2022. "The result of the arbitration between the two people caused the obstacles in the judicial procedure to defend my rights. Through the ruling of the Hubei Provincial Higher People's Court, this obstacle was eliminated." Mr. Liu said, "However, Ms. Chen and Mr. Sun are again again In July this year, the arbitration of the Wuhan Arbitration Commission was arbitral. The result of this arbitration believed that it was effective for Ms. Chen to sell the house to Mr. Sun. "

Mr. Liu was puzzled by the arbitration. Ms. Gao and Ms. Chen bought the house and carried out arbitration were not implemented by the High Court. Is it effective? And according to Mr. Liu, the results of this arbitration have once again caused obstacles in judicial procedures, making him unable to make confirmation lawsuits. And unlike the arbitration in 2008, Mr. Sun did not apply for the results of the arbitration this time. According to existing laws and regulations, in this case, Mr. Liu still did not have the way to deny the arbitration document as an outsider. He was like more than ten years ago more than ten years ago Once again due to procedure obstacles.

"Ms. Gao's family has also filed a lawsuit, asking our family to retreat from this house. If the case is defeated, our family will be on the streets." Mr. Liu said.

On the afternoon of September 2nd, Judu reporters called Mr. Sun's phone. On the phone, Mr. Sun said on the phone that there was no claim to the real estate dispute and was unwilling to be interviewed. Asked Mr. Sun's contact information, Mr. Sun was unwilling to provide and hung up the phone.

"It took me two or three years to wait for the ruling of the High Court in September 2021. This time they did it again, and did not know when to wait until the decision." Mr. Liu said, "For more than 20 years, , I'm so tired. "

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