Do you want to retreat when buying the contract together?

Li purchased the row villas and supporting garages of an industrial company. After paying the housing down payment and the full amount of the garage, Li Mou could not pay the end of the house because he could not handle the loan. After success, the developer was sued in the court to return to the garage. Do you have to buy and retreat together? Recently, the Chengdu Shuangliu District Court notified the contract dispute.

No money to pay a house, he lifts the contract for a lawsuit

On December 20, 2018, Li purchased a set of town villas and a garage developed by an industrial company. When signing the contract, the company asked Li to sign a commitment, which stipulated that: voluntarily applied to buy a house and the garage and ensure that the house sale contract exists at the same time and the garage trading contract is performed at the same time; The situation of revoking or being lifted shall bear the liability for breach of contract with the house sale contract, attachment, and garage trading contracts and attachments, respectively.

After the contract was signed, Li fully paid the garage, and the company delivered the garage.但是由于某些原因，李某无法办理银行贷款，于是无法支付除首付款以外的剩余房款，只能选择与开发商解除合同，由于双方对于解除合同的条件未谈妥，2020年4月， Li will sue the developer to the Chengdu Shuangliu District Court. The court determines that Li has constituted a fundamental breach of contract and judged that the commodity house trading contract signed by both parties was canceled.

The hammer has just fallen here. In the same month, the two sides were disputed again due to garage issues.

An industrial company believes that the garage of Li's purchase of the house is based on its purchase of houses, and the house is a town villa. The garage is supported by the number of households. Since the commercial house trading contract signed by the two parties has been terminated There is no actual necessary. Therefore, the "Garage Sale Contract" is required.

Li argued that the garage trading contract and the terms of the format of the two parties significantly increased the obligations of Li, and a certain industry company did not fulfill the prompt obligation. Real estate and garage are two different real estate. The termination of the real estate contract does not necessarily cause the liquidation of the garage contract. Li, as the right holder of the garage, has the right to punish the garage.

In order to facilitate the use of the court's judgment to refund the garage

The Double Liu District Court heard that the "garage trading contract" and the "Supplementary Agreement" signed by the two parties were legally valid and valid. The agreement stipulated that based on the premise of buying a house from a certain industry company, a certain industry company agreed to sell the case to the garage to sell the case to Li. The commitment issued by Li also stated that it promises to ensure that the housing buying and selling contract and the garage buying contract should exist at the same time and fulfill them. The current house sale contract was lifted according to law for someone in accordance with the law. Therefore, an industrial company advocated the termination of the garage trading contract to meet the contract between the two parties.

In addition, the house involved in the garage is a townhouse. Although the house and the garage can be divided in property rights, they belong to the same building, and the house has no other garage for use. From the perspective of use, the garage and house and the house If it belongs to different owners, it will not only cause the inconvenience of the property owner, but also not conducive to the full use of property rights. Therefore, the agreed contract and commitment of the garage and the commitment not neither reduce the responsibility of an industrial company nor the obligations of Li. Therefore, Li's argumentation is not established. According to the contract between the two parties, an industrial company has the right to terminate the contract. The court then decided to lift the "Garage Sale Contract" and "Supplementary Agreement". Li returned to the garage, and a certain industry company returned to the purchase of the garage.

After the verdict was made, Li did not accept the first instance judgment and filed an appeal. After the Chengdu Intermediate People's Court was tried, after the commodity housing trading contract between the two parties was lifted according to law, a certain industrial company had the right to terminate the lift of the garage buying and selling contract and agreement, so the judgment was rejected by the judgment. Appeals, maintain the original judgment.

Sichuan Rule of Law Daily-Rule of Law Sichuan News Client reporter Wang Yiduo

- END -