Case new perspective · Bozhou | See how the judge resolves the "storm" of the basement

Buying a house is a big deal

There are countless "pit" hidden everywhere

After the owner sells the house

Can I continue to occupy the basement?

In the near future

Bozhou Intermediate People's Court mediates together

Disputes caused by the base of the basement

Let's take a look ~

Retrospective

Liu sold a residential building purchased from Amou to Yao through the real estate agency. Under the witness of the real estate agency, Yao and Liu signed the "House Sale Contract". Matters.

After the contract was signed, Liu delivered the house, and Yao paid the house money and applied for the relevant housing property certificate. However, more than a year after the incident, Liu was reluctant to deliver the basement to Yao, and the two sides had a dispute. Yao Mou and the real estate intermediary were complained to the Bole City People's Court.

Referee result

After trial, the judge believed that Yao and Liu and the real estate agency signed the "House Sale Contract" as a valid contract.

The basement in this case is located in an independent space. It has an independent economic value. The role is to assist and exert the effectiveness of the main house. Liu did not agreed to the basement in the buying contract when buying a house from Amou. No real estate registration is not carried out, so it is not independent and the obedience is obedient. When the two parties have not made a special agreement, the effectiveness of the transfer of the main object and the obedience should be transferred with the main house as the basement.

Therefore, the Bole City Court ruled: Liu sent out the basement and delivered it to Yao.

Liu did not accept an appeal.

In the second trial, Liu still insisted that the price of the house did not include the price of the basement and refused to deliver to Yao. The judge communicated with Liu and Yao many times, and eventually the two parties reached a mediation agreement.

Liu agreed to freely free the basement and deliver to Yao within a limited time, and Yao was willing to give Liu appropriate compensation. Both parties fulfilled their obligations in the agreed time, and the "storm" of the basement finally subsided.

Law link

"People's Republic of China Property Law"

Article 115 stipulates that the transfer of the main object is transferred from the main object, except for the parties.

"People's Republic of China Contract Law"

Article 60 Paragraph 1 stipulates that the parties shall fully fulfill their obligations in accordance with the agreement.

"Several Provisions of the Supreme People's Court on the Application of the People's Republic of China Code & Time Effective"

Article 1 stipulates that civil disputes caused by legal facts caused by the implementation of the Civil Code shall be applied to the provisions of the Civil Code.

Civil disputes caused by the legal facts before the implementation of the Civil Code, applied to the provisions of the law and judicial interpretation at the time, except for other provisions of law and judicial interpretation.

The legal facts before the implementation of the Civil Code continued until the implementation of the Civil Code, and civil disputes caused by the facts of the legal facts applied the provisions of the Civil Code, except for other provisions of law and judicial interpretation.

Judge remind

The house involved in this case is a multi -storey residential building, which belongs to the renovation of shantytowns and the demolition and resettlement houses. When the house is divided into a room, a basement of the area varies free of charge and will not be charged separately.

The judge here reminds the majority of netizens that if the basement is presented in a separate house, it belongs to the property of the upstairs house. When selling the house, it should be transferred with the main objects. Unless the buyer and the seller have a special agreement on this, they cannot go separately in accordance with the uncertainty. Calculate the price.

Source: Bozhou Intermediate People's Court

Author: Luo Ling

Edit: Li Ruiqi Senbaiti

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