Second -hand housing trading has not been transferred, and now it is going to be demolished.

Introduction to the case

The plaintiff Li and his wife purchased a set of real estate on the state -owned land in Wang's name in March 2006. The two parties signed the "Transfer Agreement" and "Sale Contract", and notarized, the money house was 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.

Court decision

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.

Judge

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.

Main law

"People's Republic of China" Article 125:

A contract on the establishment, change, transfer, and elimination of product rights shall be established between the parties. Except for other provisions of the law or the parties have an agreement, it will take effect when the contract is established; if the property is not registered, it will not affect the effectiveness of the contract.

Article 28 of the Supreme People's Court on Several Issues of the People's Court of Essays and Reconsideration (2020 Amendment) ": Article 28:

In the execution of money claims, the buyer raised objections to the real estate registered in the name of the person. If the following situations and the rights can be excluded, the people's court should support: (1) the legal and effectiveness of the people's court has signed a legitimate and validity before sealing the seal of the people's court. Written buying and selling contracts; (2) before the people's court seizes the seal of the real estate, the entire price has been paid, or the total price has been paid in accordance with the contract, and the remaining price has been paid in accordance with the requirements of the people's court; No transfer registration is not handled due to the buyer's own reasons.

Source: Changqing Court, Shandong Gaofa

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