[Tips for small cases] Is it valid for the residents of the same village group?

Case retrospective:

On January 1, 2019, the villager Liu sold his rural residential houses to the villagers of the village. The two parties signed a house sale contract. After Zhang paid the house purchase fund, Liu delivered the house to Zhang, and Zhang was occupied by Zhang. Live and use. Because he had not handled the house transfer procedures, Zhang sued the court and asked Liu to go through the house transfer procedures and pay a liquidated damage for him.

Liu argued that the housing sales contract had been fulfilled, and the house had been delivered to the house. There was no default act.

After the court trial, Article 9 of the Land Management Law of the People's Republic of China stipulates: "Land in rural and urban suburbs is owned by the country except the law. Leaving the mountains belongs to the collective ownership of farmers. "The right to use the homestead is the right enjoyed by members of the rural collective economic organization. It is related to a specific identity. Internal transfer and conversion of members. The house purchase party in this case is not the resident of the village group where the house seller Liu is located, so Zhang cannot obtain the ownership of the house purchased. Because Liu's sale of houses caused the right to use the homestead, the transfer of the house site was transferred to Zhang Mou, a member of the non -collective economic organization, violating the national laws and regulations, and infringing the rights and interests of collective property. The buying and selling contract signed by Liu and Zhang should be invalid. Zhang asked Liu to pay a liquidated damage and assist the request for the transfer of the house to transfer. Zhang's lawsuit was rejected according to law.

Judge's mind:

I. According to the provisions of our country, rural land is owned by farmers. The rural homesteads are used by members of the collective economic organizations for unpaid collective economic organizations. And there is no right. Farmers 'houses built on the homestead are owned by individual farmers. Because farmers' sale of houses will inevitably generate the transfer of homesteads, farmers sell the house purchases of the houses on the rural homestead. Members of economic organizations are sold, that is, they can only be sold to rural villagers in the village or group. Although Zhang Zhang, the house purchase of this case, is also a rural villager, but he is not a villager in the same village or group as Liu, so he cannot obtain ownership of the house buying and selling houses.

2. The right to use rural homesteads belongs to the right to use the nature of farmers' life, and the rural homesteads are used by members of the collective economic organization for free. Therefore, the right to use can only be transferred between members of the rural collective economic organization. The principle of "walking", the sale of houses must involve the transfer of the right to use of the homestead. If it does not belong to the members of the rural collective economic organization where the house is located, it cannot obtain the right to house homesteads. The same rural collective economic organization. If the two parties do not comply with the same rural collective economic organizations that are not in compliance with the law, the house sale contract signed by the two parties is an invalid contract, and the two parties should return each other to obtain the property obtained by the invalid contract, so there will be new disputes.

(Ji'an Court Judge: Wang Xiuhua)

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