Zhou Tian buys to find a place for from inside king China hand room, room of small property right is informed after cannot change the name of owner in a register, accordingly, zhou Tian appeals to Wang Hua to the court, the requirement is returned still buy house money and interest. Zhou Tian's appeal obtains a court to support.
Room of small property right cannot house-owner of change the name of owner in a register is returned still buy house money and interest
On March 25, 2010, wang Hua and limited company of development of new city investment sign the compensation that tear open change to find a place for agreement, wang Hua finds a place for with the compensation of property right displacement means chooses some village 301 rooms, 302 rooms serve as 1 unit of 50 buildings find a place for room.
Zhou Tian buys the accused Wang Hua via other introduction tear open change to find a place for room, both sides signed building business contract on March 6, 2011, wang Hua general afore-mentioned villages 1 unit of 50 buildings the building of 301 rooms sells Zhou Tian with 200 thousand yuan of price, both sides agrees Zhou Tian pays the money that buy a house 150 thousand yuan that day at signing a contract, the rest pays to buy house fund 50 thousand yuan when building change the name of owner in a register. Cropland of the Later Zhou Dynasty paid the money that buy a house 150 thousand yuan to Wang Hua on March 7, 2011, wang Hua is Zhou Tian to issue receipt. Experience case some village 50 buildings 1 unit 301 rooms house the land below is collective land, seat of week cropland registered permanent residence presses down some village for ancient Pi, with Wang Hua not be to be the same as a village.
Know of cropland of the Later Zhou Dynasty, experience case building is room of small property right, wang Hua cannot deal with formalities of property right change the name of owner in a register for Zhou Tian. Accordingly Zhou Tian appeals to to the court, the building business contract that the request affirms to both sides is signed lawfully is invalid, ask Wang Hua is returned still buy house fund 150 thousand yuan reach accrual.
The court thinks via cognizance, of lawbreaking, administrative regulations mandatory formulary contract is invalid. "Room of small property right " of the established by usage in fastening practice make a way, it is to point to the house that builds on rural collective land, not the charge such as gold of pay land sell one's own things. Basis " land management method " the 43rd regulation, any units and individual undertake building, need uses land, must apply for state-owned land lawfully; The case of all land is confined to use farmer collective initiate town enterprise, villager builds the residence to be used via be being approved lawfully, and countryside (town) public facilities and commonweal career build the village to be used via be being approved lawfully. Basis " land management method " the 63rd regulation, the access of all land does not get farmer collective sell one's own things, make over or rent with Yu Fei agriculture is built. The behavior that Wang Hua sells house of small property right was disobeyed afore-mentioned mandatory regulation, the contract should be maintained invalid. After the contract is invalid, because of the property that this contract acquires, ought to give return still; Cannot return return or not was necessary to return return, ought to compensation of convert into money. The one party that has fault ought to recoup the loss that the other side gets accordingly, both sides has fault, ought to assume corresponding responsibility severally. Accordingly, zhou Tian requests to affirm the contract is invalid and sentence Ling Wanghua to return still buy the lawsuit that house money reachs accrual 150 thousand yuan to request, give lawfully support.
Laborious of rain of Suining court Cai
The judge reminds burden of building property, right should understand to wait before buying a house
In recent years, transform as old village, pace of construction of a wide place in the road is accelerated actingly, and national infrastructure construction jumps with the demand of the ground, ask for a room to cover an area of a phenomenon relatively general, the building of small property right of urban suburban district that brings about from this emerges in endlessly. Building of house of small property right is over rural collective land, according to active law provision, building of small property right is not to allow those who trade to appear on the market.
No matter be to buy,the judge reminds the person that buy a house open to booking a room or put quantity house, ought to understand the situation such as burden of building property, obligee, right, use person in the round, the circumstance that lest appear,the contract disables or cannot fulfill. (the party in article is alias)
