Is it seal if you buy a new house without transfer?Multi -party work to resolve disputes

Recently, in the Yangpu District People's Court, in the case of the execution of the incident, on the basis of identifying the relevant facts in accordance with the law, the guidance helped the disagreement Mr. Liu to solve the unpacking and transfer problems. After the case was concluded, Mr. Liu gave the flag to the undertaking judge.

What is going on? Take a look

If you buy a new house, you will be seized without transferring to the buyer to implement an objection

Mr. Liu purchased a real estate in Ms. Zhang as a wedding house, and paid most of the purchase funds in accordance with the agreement of the purchase contract, but has not yet applied for registration. One day, Mr. Liu found that the house was seized by the court. After consulting the housing management department, it was learned that the house not only existed in the mortgage of others, but also was taken to seize preservation measures in a financial borrowing contract dispute lawsuit in the court. After Mr. Liu understood the original committee, he proposed an outsider's objection to the Shanghai Yangpu Court.

After the case was accepted, the organizer Li Lingyun first checked the situation reported by the objection application. After review, although Mr. Liu signed a house trading contract with Ms. Zhang and the executed person, he also paid most of the housing funds, but lacks evidence of the actual possession of the house, and there is a third -party mortgage right on the house, which also affects the transfer procedures for the transfer of the house. Apply.

Judge Li immediately contacted Mr. Liu and explained to him. Mr. Liu said he was willing to pay the remaining house as soon as possible to the mortgagee and the application executive, and hoped that the court would build a communication and negotiation platform. Judge Li immediately contacted the applicant and the third party mortgagee to inform the relevant situation. Applicants do not want to realize their claims by mandatory auction houses and agree to resolve.

Multi -party work to resolve disputes to withdraw from the transfer smoothly

Due to the relevant procedures involved in the sealing of the house, after the Commissioner Li communicated with the executive judge, he organized a hearing conversation and guided the parties to conduct many negotiations on issues such as the settlement of the remaining house purchases and the tax payment involved in the house sale, and finally reached an agreement. After Mr. Liu paid the corresponding amount to remove the mortgage right, he delivered the remaining house to the applicant to the executor. The applied executive applied for the cancellation of the house seizure, so that Mr. Liu and Ms. Zhang successfully completed the registration of the house. In the end, Mr. Liu took the initiative to withdraw the application objection application after becoming the real right holder of the house.

01 What is an outsider objection?

Outsiders' objection to the case refers to the person outside the execution of the parties outside the case during the execution process. The subject beyond the case outside the parties, that is, the unspecified third parties who have been damaged by the physical rights due to the implementation of the physical rights. It claims to the court to actually enjoy the right to perform the subject. Rights relief.

Outsider objections are collectively referred to as execution objections.

02 How to propose an outsider objection?

Before the outsiders of the case, before the end of the execution of the objection, the court offered to the court that was responsible for execution. The court conducted preliminary review within 15 days from the date of receiving the written objection, which was mainly based on the content of the registered records to judge the objeinant person. Whether it is the right holder who executes the target. If the court believes that the reason for the objection is established, the ruling suspension of the implementation of the target, the reasons are not established, the ruling is rejected.

03 The relief way out of the case of outsiders does not accept the ruling?

The outsider and the parties do not accept the ruling of the objection of the execution and believe that the original judgment and ruling are incorrect shall be handled in accordance with the trial supervision procedure; if it has nothing to do with the original judgment and ruling, a lawsuit may be filed to the people's court within 15 days from the date of delivery. This is this that is. Responsible objections.

Text/Picture: Yang enamel

Edit: Wen Qian Ting Ting

*Reprinted, please indicate the official WeChat from Shanghai Yangpu

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