Government office of Beijing University China buys room person to drive a court to audit early. The room signs up for annals of reporter Chen Biao in / photograph
The room signs up for big talk of Piao of annals of reporter Chen Biao to report in
In be as long as thought of a few months fors the time being not below the circumstance of fruit, the person that tens of names buy a house Beijing University China government office develops business -- Hainan favour auspicious industrial limited company accused new city court.
On April 3, big talk city is beautiful court of flower division people, tens of square names buy accuser room person favour of as square as the accused Hainan auspicious new city is industrial limited company launched lawsuit with respect to the dispute that buy a house. Because accuser is too much, to save sessional time, the court decides 39 cases and case cognizance.
In careful of this second front courtyard, accuser asks to remove with the accused sign before this " subscribe book " , return return accuser to pay head pay, and times doubler return still deposit, pay accrual to wait. The accused thinks, the lawsuit of accuser requests to do not have legal basis, requirement court rejects accuser appeal, should continue to fulfil the obligation that agrees in subscribe book.
To this case, the court was not adjudged on the court. According to not complete count, at present more than at least 70 person that buy a house mentioned to the court lawsuit. On April 8, the person that development trade account accuses 5 to buy a house is civil one case also is in dispute open a court session of court of show flower district is tried.
The person that buy a house and development trade issue upgrade ceaselessly.
Will begin on August 20 from last year, "Dreamy big city " big talk favour auspicious the person that project of new city real-estate buys a house hundreds times by lasts thought fors the time being. The person that buy a house thinks to develop business to be suspected of " false conduct propaganda, covert collection admits chip gold, violate money of compasses collection house, compulsive collection to transform cost " wait for many problems, but development business is not approbated to afore-mentioned censuring. Both sides spread out successional dispute to communicate, initiate attention of much home media, coverage. Before this, chinese estate signs up for also with " deepness Piao " missing " room: Government office of Beijing University China 4 rooms run two rooms emergency " , " track Piao to publicize disturbed market phonily, hainan this room look forward to is punished 500 thousand yuan " for the problem, reported this building dish the dispute buying a house of the project.
Actually, similar favour auspicious desk of issue of China government office is in new city Beijing University Hainan is not an exemple, its are moved toward finally will give Hainan estate similar incident brings the market to be drawn lessons from certainly.
Buy room person: Remove bilateral agreement refund
That day morning 9 when make 30 minutes, in both sides of accuser, the accused agent exchanges evidential data hind, audit staff just enters spot of front courtyard careful permissibly. Because careful of this second front courtyard involves 39 cases, the court agrees via asking for proper thing both sides, decide and case open a court session is tried.
The reporter understands in spot of front courtyard careful, this second and the altogether of desk of the issue that buy a house of case cognizance 39, outside the total money of department of the person that buy a house that divides a case buys a house and signing emend type to buy room contract, other 38 cases bought room average per capita to sign subscribe book with development business only, paid deposit to reach buy room head to pay, the amount of every case differs for hundred thousands of yuan.
Among them an indictment content shows, accuser and the accused were signed on July 18, 2018 " favour auspicious new city Beijing University book of subscribe of area of A of China government office " , subscribe book agrees accuser subscribe the accused is developed be located in sea of coco of big talk city highway and always 10 thousand deliver meeting place grace auspicious new city Beijing University house property of area of A of China government office, floor area is 94.54 square metre, cover inside area 72.07 square metre, unit price of the floor area after folding is 19484.99 yuan / square metre, after folding, total house money is 1842111 yuan. According to subscribe book agreement, accuser is divided 3 times early or late paid building head to pay 562111 yuan (contain deposit 100 thousand yuan) .
Accuser says, according to the agreement, bilateral should at be being signed before August 2, 2018 " contract of commodity house business " , accuser urges the buy estate adviser of the accused offers a contract for many times during, but the other side was not offerred all the time. Accuser was sent to the accused after " urge announce letter " , at latest of requirement the accused consulted jointly with accuser on December 10, 2018 and the autograph orders room contract, the accused offerred this contract after.
But after accuser receives the contract that buy a house, the partial agreement in discovering a contract and the accused conduct propaganda are abhorrent, and obligation of right of contract provision existence is not quits case. The buy estate adviser of accuser and the accused undertakes negotiation with respect to contract provision, but gotten response is, contract provision cannot be revised. Prosecutor request is returned by ask for leave from a meeting the relevant section that buy a house, decorate cost, admit prepare gold and corresponding accrual, but refuse.
Accuser thinks the behavior of the accused damaged accuser to close right increase, requirement court is sentenced make remove bilateral subscribe book, return return accuser to buy room head to pay, times doubler return return deposit, pay the multinomial lawsuit such as accrual the request.
Develop business: Continue to honor the agreement nonexistent obstacle
The accused developed business to undertake rejoining in the light of the prosecution of the person that buy a house, think accuser lawsuit request and factual reason do not have a basis, request court rejects accuser lawsuit to request, sentence your accuser to continue to fulfil an agreement.
The accused rejoins say, the building that accuser and the accused sign subscribe book dish do not belong to limits of governmental price fixing, accuser signs subscribe postscript, because big talk is aimed at other new building dish come on stage to new policy undertakes governmental price fixing and disobey bond sincere letter, refus is not signed with the accused " contract of commodity house business " reach conduction sale to put on record, accuser violated subscribe book agreement, its lawsuit requests to should grant to reject, subscribe book fastens bilateral and true meaning to express, ought to continue to fulfill.
In the meantime, the accused thinks, its all occupy real phase to accuse in link of subscribe of sale conduct propaganda, building, extremely why " consumer of deceit, misdirect " behavior. For instance government office of Beijing University China door model the picture expresses clearly " extend a space to make an appointment with how many square metre " , add black label to extending a space, right door model the space that make a room is white the bottom marks, the area making a room of house of experience case commodity and extend the information such as position of area, area black and white and be clear at a glance, trenchant, do not have misdirect.
The accused still expresses, the program of project of house of commodity of concerned experience case, newspaper builds information to be government sector collect and the governmental information that master, person of relevant rights and interests has authority to consult lawfully, attribute the information that the government sector is able to publish lawfully, the accused also cannot be not concealed quite. Accord with important document of essence of contract of commodity house business about subscribe book, the contract continues to fulfill problem of nonexistent objective barrier.
Had removed about book of accuser appeal subscribe, return house money to reach times doubler return the problem that returns deposit, the accused thinks, experience case contract is nonexistent continue to fulfill an obstacle, ought to continue to fulfill, accuser home remedy removes, the lawsuit that asks to return house money should not get supportive.
Assure in deposit respect, according to subscribe book the 5th " be in only favour auspicious sell separately or without reason removes subscribe book " , just happen to the person that buy a house times doubler the case that compensate returns deposit, company of this case Zhong Enxiang is to fulfil contract obligation actively first and last, not " sell separately or without reason removes subscribe book " circumstance, reason accuser appeal times doubler return return deposit to do not have legal basis already, also do not have contract basis.
Of sigh making a person " be locked in a seesaw struggle " lawsuit
Will begin on August 20 from last year, "Dreamy big city " big talk favour auspicious project of new city real-estate lasts by the hundreds person that buy a house thought fors the time being, both sides launched continual issue from this, initiate attention of much home media and coverage.
Chinese estate signs up for a reporter to understand, favour auspicious new city is auspicious group garrisons Beijing favour south big talk city board piece a when make " aircraft carrier is integrated big city " , the Beijing University that is suspected of controversy among them China government office is building this " dreamy big city " first phase project.
Be aimed at afore-mentioned dimension authority matters concerned, door of The Ministry of Commerce and Industry undertook investigating understanding, find out via door of The Ministry of Commerce and Industry, begin from May 2018, it is facilitating sale favour auspicious new city Beijing University project of new development of China government office, development business extends to the person that buy a house in center of building of its carry out propagandist data publicizes this building dish when, conceal true condition of purpose, with the building medium a few clearing can change his costume or dress for the room, in publicizing a data " upgrade " for more large family graph. For example, build actual journal reach a contract to tag for " one-room flat " A1 door, publicize a data in its door model icon is noted for " two hall guard two houses " , because of each model data of graph conduct propaganda and newspaper are built reach a contract to tag not agree with badly, cause the person that buy a house thereby to the government relevant section is complained, the behavior of false conduct propaganda of party is disturbed already market economy order.
On November 7, 2018, industrial and commercial bureau of big talk city made an administration punish decision book. Decision book maintains this project to develop business to be sold to expand, increase a business famous degree of false conduct propaganda that undertook notting agree with with the fact external, its behavior already formed " People's Republic of China opposes unfair competition law " the 8th the first: "Evaluation of state of the property that operator must not use its commodity, function, quality, sale, user, Ceng Huorong praise the commercial conduct propaganda that waits for false fetching perhaps misunderstanding, consumer of deceit, misdirect " behavior of indicating false conduct propaganda. Accordingly, door of The Ministry of Commerce and Industry instructs development business to stop to violate act instantly, undertook fining 500 thousand yuan of processing to its.
But the problem that this action did not solve the person that buy a house to put forward, after many communicate without fruit hind, the person that buy a house told development dealer the court. Current, concrete result is sealed.
Actually, similar favour auspicious desk of issue of China government office is in new city Beijing University Hainan is not an exemple, its are moved toward finally will give Hainan estate similar incident brings the market to be drawn lessons from certainly.
