Second -hand housing trading has not been transferred, and now it is going to be demolished.The court was sentenced
Author:Daily Economic News Time:2022.09.07
Can the compensation for demolition and purchase of real estate be executed? The seller regrets selling the house and advocates that the demolition model should be attributed to themselves. Will the court support it? Let's take a look at how the court judged.
According to the case disclosed by the People's Court of the Mayor of Jinan on September 6, the plaintiff Li and his wife purchased a set of real estate on the state -owned land in Wang's name in March 2006. Contract, notarized, the money room is clear. Li's family has lived for many years and has been rented and built. Due to the errors in the original registration of the property, they have not passed the household. In 2021, the real estate was demolished and was signed by Li's wife when measured.
Wang regretted the sale of the house, causing the demolition compensation contract to have not been signed. The parties have no objection to the compensation amount. The real estate is demolished in October and the compensation models are stored in the demolition office. In May 2021, the court seized 1.6 million yuan of the compensation model when the applicant Zhang applied for Wang's case. The couple of the Li and his wife were rejected by the court. Later, they filed a complaint of the objection of outsiders' execution of the case, requesting confirmation that the demolished house was owned by it, stopped implementing the house demolition funds involved in the case, and confirmed that the amount was everything. The couple advocated that the real estate was not sold, and the demolition funds should be returned to themselves.
Photo source: Photo Network -501535931
The court of first instance believes that the case of outsiders' objections in the case of the case, and the case involved in the case in 2006 signed the "Transfer Agreement" and "Contract" and notarized. Failure to apply for transfer. Although Li did not register after purchasing real estate, the evidence provided by him can confirm the situation that he is eliminated in compliance with the law, and the ownership of the demolition funds should not be confirmed in this case.
The court of first instance judged: First, Li's execution objection was established, and Zhang applied for the implementation of the demolition interests generated by the house involved in the case; and the other lawsuit requests were rejected. Wang did not accept the appeal, and the Intermediate People's Court maintained the first trial judgment.
The judge said that in recent years, with the development of society, the number of house demolition has increased, and similar disputes in this case have increased. The contract between the two parties was valid and it was actually fulfilled. Wang advocated that there was no charge evidence to confirm and not support it. In this case, the compensation for the demolition of the real estate involved in the case is obviously not appropriate to determine the ownership directly by registering everyone, and should not directly implement the interests of real estate demolition when it is executed.
Daily Economic News
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