Buying 16 years, 11 years of litigation, developers refused to hand over the house?

2022-06-01 0 By

Can cancel the contract, the building did not build, one room 2 sell business development business to be why a variety of reasons refuse to make room via procuratorial investigation to verify, request to protest case of dispute of contract of buying a house is changed judge the person that buy a house finally obtains house property…”I bought a house 16 years ago, but the developer still refused to hand it over and asked me to compensate for the default interest. It took me 11 years of litigation and 15 litigation procedures. My heart disease that had troubled me for years was finally solved.Wang yanfang wrote in a thank-you letter to the Shandong Provincial Procuratorate recently.Wang Yanfang is a housing contract dispute case of the parties.Why did she write a thank-you letter to the Shandong Provincial Procuratorate?It all started 16 years ago.On November 5, 2005, Urban Real Estate Company and Wang Yanfang signed “faculty housing Contract”, the contract agreed:The city real Estate Company has obtained the land use right and land use planning permit of a certain block in Dongying City, Shandong Province, and other certificates have been gradually improved along with the construction process. Wang Yanfang has voluntarily raised funds to subscribe for room 201 with her teacher qualification.The payment method and term are agreed as follows: the subscription fee paid when signing the house subscription book is converted into the house payment, and the mortgage loan, the down payment is 30% of the total house payment, the amount is more than 380,000 YUAN.After, city area real estate company obtained state-owned land use card, use right type is transfer.Later, the land was adjusted from educational planning land to residential land, and the transfer period was changed to 70 years.After signing the contract, Wang Yanfang has twice paid more than 250,000 yuan for the house, thought that he could move into the new house on time, but did not know that this was just the beginning of a series of troubles.In September 2010, The city Real Estate Company filed a lawsuit against Wang Yanfang, saying: “Wang Yanfang is not qualified as a teacher, there is fraud, does not have the qualification of the subject of the house purchase, the house sale contract should be revoked.”Dongying city dongying district court believes that city real estate company will have not been built housing sales to the society, the buyer shall pay the price, in the case of contracts belongs to the commercial housing sales contracts, metropolitan area real estate company that the contract signed by both parties are those claims no contract, metropolitan area real estate company has overruled his claims.The person that buy a house sues the developer to sell two houses to ask the developer to deliver the house after the judgment comes into effect, the city area real estate company refuses to deliver the house all the time.On March 12, 2015, Wang Yanfang sued the Dongying District Court, requesting the City Real Estate Company to deliver the house and assist in the real estate registration procedures.However, The City Real Estate Company claimed that because Wang Yanfang did not pay the down payment, the property involved was not built, and the contract involved could not be performed objectively.More unexpectedly, Metro Land later claimed that the house involved had been purchased by a third party and had been delivered on May 9, 2013.The court heard that in 2010, the city Real Estate Company sued to cancel the house sales contract, the company clearly recognized that the houses involved had been completed, and according to the engineering drawings and completion of the record materials, can be identified as the houses involved have been completed, completed the initial registration, in the state of sale;Urban real Estate Company and Wang Yanfang signed the “faculty housing contract”, and signed a purchase contract with a third party, which belongs to the repeated sale of the housing involved, one room two selling responsibility lies in the urban real estate company, the two contracts are legal and valid.In addition, according to the testimony and relevant evidence of the security guard of the residential area where the house involved was located, it can be confirmed that the house involved was still occupied and used by Urban Real Estate Company in September 2014 but not delivered, and Wang Yanfang had applied for sealing the house involved in August 2014. Therefore, the subsequent delivery cannot be regarded as legal delivery.In the case that the two contracts are legal and valid but have not gone through the ownership transfer formalities and have not completed the legal delivery, Wang Yanfang’s “Faculty Housing Contract” was signed first, and her exercise of the right to claim first.In order to maintain the normal order of market transactions and protect the good faith and law-abiding buyers, the court supported Wang Yanfang’s lawsuit.On May 10, 2018, The City Real Estate Company sued Wang Yanfang again, asking wang Yanfang to pay the land transfer fee, arrears and interest of the houses involved in the case, totaling more than 700,000 yuan.After the trial, the court found that the nature of the housing sales contract involved was a commercial housing sales contract, and the nature of the land in such contracts should be transferred.If the owner of the right to use construction land pays the transfer fee and other fees, the payment shall be based on the provisions of the law and the contract.However, when the Urban Real Estate Company and Wang Yanfang signed the Faculty Housing Contract, only the land certificate number of the housing involved was agreed, but the nature of the land and the land transfer fee were not specified.The court held that in the development and sale of commercial housing, the land transfer fee, as the cost of real estate development, should be calculated and included in the sale price of the house, the contract clearly agreed on the price of the house, there is no agreement on the land transfer fee, the two parties have not reached an agreement on the payment of the land transfer fee,As a developer, Urban Real estate company should not require Wang Yanfang to bear the transfer fee alone.Therefore, the city real Estate Company claims that Wang Yanfang to pay the land transfer fees and interest, the court does not support.For the house arrears interest, the court believes that the reason why Wang Yanfang claims not to pay the down payment is that the metropolitan real estate Company refuses to accept it, but Wang Yanfang can pay by other means, and the behavior of not paying the down payment constitutes a breach of contract, and the court judges Wang Yanfang to pay the interest on the house arrears of the metropolitan Real Estate Company more than 100,000 yuan.Chengyu Real Estate Company and Wang Yanfang both refused to accept the judgment of the first instance and appealed to dongying Intermediate Court on January 7, 2019, which rejected the appeal and upheld the original judgment.Wang yanfang refused to accept the verdict of the second instance and applied for a retrial to the Shandong Provincial High Court, which ordered the Dongying Intermediate Court to retrial.On November 3, 2019, after a retrial, the Dongying Intermediate Court ordered Wang Yanfang to pay more than 90,000 yuan of interest on the down payment owed by Chengyu Real Estate Company.Wang Yanfang refused to accept, dongying city procuratorate to apply for supervision.After the dongying Procuratorate accepted the case, it found that the court had no problem with the judgment of the land transfer fee, but there was a problem with the judgment of the interest on the arrears of housing.Subsequently, the prosecutor took Wang Yan Fang and the city real estate company housing contract dispute case of the original trial file.After careful review, it was found that Wang Yanfang repeatedly mentioned in the process of the court hearing the case to the commission against the house payment, and put forward several times to the city real estate company sales office to pay the house payment.This detail has caught the attention of prosecutors.To get to the bottom of the matter, prosecutors went to the courthouse and looked at the video of the trial.Through viewing the video of the court hearing, combined with the fact that the City real Estate Company never required Wang Yanfang to pay the remaining down payment, the prosecutor speculated that there is likely to be a situation between the two parties of “commission against the house payment” to pay the down payment of the house involved in the case.After the investigation, prosecutors also found two special receipts for the house payment, which stated: received 30,000 yuan from Wang Yanfang today (as commission for the house payment).After investigation and inquiry, a number of witnesses confirmed that they were introduced by Wang Yanfang to buy the city real estate Company’s real estate.During the review process, prosecutors found that Wang yanfang had expressed her willingness to continue to perform the contract in the court record formed in 2010, the defense formed in 2014 and the fact confirmed by the ruling that another case had taken effect in 2015.Combined with the trial process of other cases related to this case and relevant evidence, all show that The City Real Estate Company lacks the will and action to perform the contract normally, and does not require Wang Yanfang to pay the remaining down payment before she pays off the house payment in full.And the city real estate company has sued to cancel the contract, one house two sell, claim to perform can not be a variety of evasive situations.Combined with the dongying real estate market prices, it can be concluded that the city real estate company does not want to perform the original contract deliberately.If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary preparation time.Accordingly, the prosecutor concluded that the existing evidence can prove that Wang Yanfang actively performed the contract involved, and that The Metropolitan Real Estate Company lacked the will and action to perform the contract normally, and that the Metropolitan Real Estate Company did not provide evidence requiring Wang Yanfang to pay the remaining down payment, so Wang Yanfang did not constitute a breach of contract.The basic facts ascertained by the judgment of the court of first instance lacked evidence, and the application of the law was indeed wrong.The Dongying Procuratorate appealed to the Shandong Provincial Procuratorate.After review, shandong Provincial Procuratorate believed that The company did not provide evidence of Wang Yanfang’s failure to fulfill the payment obligations, and the case was wrong in the application of law on the contract performance period, so it lodged a protest to the Shandong Provincial High Court.On October 9, 2021, the High Court of Shandong Province held that the “Faculty housing Contract” was legal and effective, and the parties should fulfill the contract in good faith.Affected by the litigation disputes between the two parties, Wang Yanfang paid all the house payment to the Court of Dongying District on November 6, 2015, fulfilled all the contractual obligations, complied with the law and did not need to pay the interest on the house arrears involved.Metropolitan area real estate company in education planning on land development, house sold to the public, should foresee the future land nature will change and land fill problem, does not conform to the Supreme People’s Court about apply to < the contract law of the People's Republic of China > 2 “the explanation of some issues regulations situation changes,The city real Estate Company claims that Wang Yanfang’s request to pay the land transfer fee and interest is groundless and shall not be supported according to law.The reason of protest of shandong Procuratorate is established.In the end, the High Court of Shandong province accepted all the protest opinions of the procuratorial organ, cancelled the civil judgment of the original trial, rejected all the lawsuit requests of The City Real Estate Company, and delivered the house involved to Wang Yanfang for possession and use.”The heavy burden that has weighed on my heart for more than ten years has finally been lifted. I would like to thank the procuratorate and the prosecutor for not only recovering my economic loss, but also relieving my heart disease of 16 years…”A contract is the guarantee of the rights and obligations of both parties. A contract established according to law is protected by law and binding on both parties.The parties shall abide by the principle of good faith, perform their contractual obligations in accordance with the contract, and may not alter or terminate the contract without authorization.Neither party shall obstruct the other party from fulfilling its contractual obligations and enjoying contractual rights due to changes in market conditions.In this case, the “faculty housing Contract” signed by Urban Real Estate Company and Wang Yanfang is the true meaning of the parties, legal and effective, and the parties should fully fulfill their obligations in accordance with the agreement.After the housing price rose, the city real estate company believed that its available interests were reduced, and refused to perform contractual obligations for various reasons, such as unsuitable buyers, unbuilt houses, two houses sold, and situation changes, to hinder Wang Yanfang’s payment of the house, which obviously violated the principle of good faith.As the saying goes, justice may be late, but it will never be absent. The legitimate rights of wang Yanfang, a bona fide buyer, should and will be protected by law.From another point of view, this case also gives people a warning: in the market transaction with constantly changing housing prices, consumers must improve the awareness of evidence, carefully read the terms of the contract, and make full use of the rights granted by law to better protect their legitimate rights and interests.Civil procuratorial supervision cases directly face the people, the effect of handling cases affects the people’s satisfaction with procuratorial work and the sense of judicial acquisition.Prosecutors in handling civil cases, it shall earnestly practice the concept of justice for the people, will be treated as a case in the overall situation of maintaining social stability and promote economic and social development, the full use of political wisdom, law, procuratorial wisdom wisdom, with the help of professional knowledge, comprehensive ShiCe, through case with high quality and efficiency, safeguard judicial justice, and protect the legitimate interests of the partiesEnsure the unity of political, legal and social effects.Source: Procuratorial Daily