With a high pillow of the house, I have no worries, and I will return to the book in ten years?After buying a house, I found ...

"For the pension of the house, there is no worry, and I will return to the book for ten years!" Ms. Chen, who lives in Guangzhou, saw the propaganda sent by the streets and bought a house at the expense of loans. I thought this was an investment of "making steady money", and there was also a guarantee in the second half of her life, but who could have thought that the other party would go to the building soon, and there was a more outrageous ... Ms. Chen reluctantly sued the court. Recently, the People's Court of Liwan District, Guangzhou, disclosed the result of the case.

□ The loan "cares for the elderly", but people go to the building

Ms. Chen said that in August 2017, she received a leaflet distributed by a company, the publicity theme was "Investing in the Pension, Dingxi Guan". Pension, no worry, return to the book for ten years, "property right LOFT intelligent apartment, and the pension and investment are not worry -free." The company promised to adopt the method of after -sales lease and recover costs for ten years.

Such an "seductive" investment project was in front of it, Ms. Chen was excited. Later, she signed an agreement with Ping's "Real Estate Trading Contract" and "Revival of the Management Management Contract", which purchased the real estate involved in the case with a total price of 63,3628 yuan. To this end, Ms. Chen paid deposit, house purchase, group purchase information service fee, prepaid taxes and fees, and handled bank mortgage loans.

But after that, Ping's company failed to apply for the transfer of transfer to Ms. Chen in accordance with the agreement. It didn't take long for the Ping Company and Lochi Company (received some funds by the company) to go to the building, and the obligations stipulated in the "Real Estate Trading Contracts" and "Revival of the Management Management Contracts" and other agreements were not fulfilled.

What was even more surprised by Ms. Chen was that after inquiries, it was found that the real estate involved in the case was not a company, and the property registration of the property was a shop, not an apartment. Ms. Chen had no choice but to sue to the court to ask the relevant contracts.

The court ruled that agreements such as the "Real Estate Trading Contracts" signed by Ms. Chen and Ping's Company were terminated; The model is 19315 yuan. Yang Mouhui assumed the liability for settlement of the above debts of Pingmou.

□ The purpose of the contract cannot be achieved, the contract is lifted

The court believes that although Ms. Chen and Ping Mou's house involved in Ye Mou's house involved in the "Real Estate Trading Contract", Pingmou cannot provide evidence to confirm that Ye Mou agreed or signed the contract after signing the contract or the house involved in the case to sell the case involved in the case. To Ms. Chen, Ms. Chen has not closed the property rights certificate and obtained the housing property right certificate involved in the case. Ms. Chen signed the above contract with Ping Company cannot be achieved. "Real Estate Entrusted Business Management Contracts" and other agreements are supported. If the contract is lifted, a company should refund Ms. Chen's purchase funds and taxes.

Because the company is not a opponent of the contract, there is no legal basis for receiving Ms. Chen's house purchase funds and taxes and fees, and after receiving Ms. Chen's purchase funds and taxes A company shall be responsible for the company's return to the purchase of houses, taxes and fees.

According to Article 63 of the "Company Law of the People's Republic of China", if shareholders of one -person limited liability company cannot prove that the company's property is independent of the shareholders' own property, it shall bear joint responsibility for the company's debt. Loom Lili was originally a one -person limited liability company that was established by Yang Mouhui. The debt and debt involved in the "Real Estate Sale Contract" occurred before Yang Mouhui transferred a company's equity. responsibility.

Ping Mou signed the "Real Estate Trading Contract" with Ms. Chen in her own name. The two parties in the contract were Ms. Chen Heping Company. Ye Mou was not the main body of the contract. It is required that Ye Mou has no factual basis and legal basis for the liability for liability for liability for Pingmou.

□ Judge reminds: Mo blindly believes that high returns and virtual publicity

Judge Deng Biao of Liwan Court pointed out that the rectification of false propaganda issues such as "pension" in the sales of commercial housing in accordance with the law is an important part of cracking down on the special action of rectifying pension fraud. This case was selected as the second batch of typical cases of combat pension fraud released by the Guangdong Higher People's Court.

The defendant in this case adopted the way to trick the parties to invest in the "pension service" project "with house pension", but after deceiving the party's pension accumulation, he rolled the way to run the road, causing the parties to lose the pension money, and even after carrying the mortgage, he did not obtain the pension house. The People's Court ordered the defendant to refund the house in accordance with the law, support the elderly to receive the purchase of the house, and convey to the society to resolutely resist the "investment" and "financial management" behavior to deceive the elderly with the banner of "pension", and protect the people of "old -age money". Signal.

Judge Deng Biao reminded that when the elderly are in contact with an old -age investment project and product, they can inquire about whether the relevant enterprises are legal registered enterprises through querying business registration materials. If the subject itself is illegal and unreal, it is suspected of fraud.

Secondly, pay attention to whether related companies have corresponding business qualifications or financial activities permits, whether they are beyond scope operations.

Third, do not trust sales promotion, check whether it has project sales permits, housing property rights certificates, real estate planning use, etc. If it is sold by agency, whether it is legal authorized.

Fourth, wealth management products that "commitment to repay the principal and interest" and do not prompt investment risks must be vigilant. Do not blindly believe in high returns and virtual publicity.Money bag.

Text/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Correspondent: Laifa Xuan Guangzhou Daily · Xinhuacheng Editor: Su Shiqian

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