Case description:
Accuser Shi Mingfa, Xu Yulan fastens husband and wife, accuser applies Wei Xing to fasten 2 people child. On November 25, 1999, accuser Shi Mingfa is below circumstance of unwitting of accuser Xu yulan magnolia, Shi Weixing, do sth without authorization contends for the department the building with the RMB (the following money is planted all be " RMB " ) 1, 500 yuan price makes over the accused Chen Zhaojing. The accused fastens provincial record public figure, the country that cannot enjoy Shanghai area curtilage base room, and cannot deal with formalities of property right change the name of owner in a register. Additionally accuser family purchased separately 1995 curtilage base building, but cannot be in this curtilage base on break up build, can be in only original sell curtilage base on break up build a house, reason is about to call in is to contend for curtilage base building. The house that Shimingfa and the accused sign accuser is made over also agree in the agreement, if accuser break a contact is pressed,transfer value at that time 1500 yuan 5 times compensation gives defendant, but in the process talking things over with the accused in accuser, the accused does not agree to remand is to contend for a building, satisfy be involved in a lawsuit.
The accused argue says:
Chen Zhaojing argue weighs the accused, the evidence that provides to accuser is consentient, but the litigant request of different idea accuser. 1, two daughters of this the accused are married in horizontal sanded countryside, purchasing a department to contend for a building at that time is to take care of two daughters, and be in later provide for the aged of horizontal sanded countryside; 2, accuser has contended for the department the building to sell the accused, accuser is non-privileged call in again building; 3, this the accused has been contended for in the department lived 18 years inside the building, bought building hind 1999, live all the time at was being moved 2000 up to now, it is the accused at first a 6 buccal people (husband and wife two add 4 children) , now by the accused husband and wife two live, and without other abode; 4, this the accused after the building is bought made house top overhaul and all around the stucco of wall, a building inside house laid cement ground afresh, still undertook to the building during small long, come by 2015 at the beginning of 2016, because of building leakage rain, this the accused undertook be renovatinged afresh to the building with board; 5, accuser Shi Mingfa contends for the department the building to sell this the accused, its wife and son ought to be know the inside story, if the department contends for a building to return,still give prosecutor, ask accuser is compensated 180, 000 yuan or compensate the accused according to the standard that tear open change, or offer a building to live to the accused additionally.
The court finds out:
According to party state and the evidence that confirm via examining, the fact that this academy holds is as follows, this case department contends for a building to be located at Shanghai to esteem sanded countryside of bright area horizontal stroke to always surpass village XXX mark, the country that belongs to accuser to use bright law under one's name curtilage base building, stand base factitious accuser Shi Mingfa, Xu Yulan, Shi Weixing 3 people, accuser Shi Mingfa, Xu Yulan fastens husband and wife, accuser applies Wei Xing namely 2 people place is strange child. On November 25, 1999, shimingfa and the accused Chen Zhaojing sign accuser " the building makes over an agreement " 1, agree by accuser Shimingfa makes over a department to contend for a building to the accused, transfer the value for 1, 500 yuan. After signing an agreement, the accused delivers to the money that buy a house accuser Shi Mingfa, live at was being moved into the department to contend for a building 2000 up to now, the wall outside contending for what the building reachs a house to the department at residence undertook be decoratinged partly reaching reparative. Village of Sha Xiangmin star had purchased Yuheng of family of or so accuser separately 1995 together curtilage base building, because the family breaks up,build a building to did not win approval now, reason is about to call in original curtilage base building, satisfy be involved in a lawsuit.
The court maintains:
This academy thinks, this case department contends for a building to fasten a country curtilage base building, according to the regulation of relevant law, code, the residence of the farmer must not organize a dweller to sell to blame collective, reason accuser Shi Mingfa and the accused Chen Zhaojing sign " the building makes over an agreement " belong to invalid contract. But the true meaning that makes over department both sides in view of the building expresses, from abide by honest credence principle and the point of view that maintain stability of human relations in society to set out, what already agreed by both sides considering the accused is true trade the price paid a room the money, accuser uses bright method also already is consign contend for a building, additional the obligee of two buildings namely accuser Xu yulan magnolia, Shi Weixing is in longer demur of the Yi Wei inside time, the building makes over an agreement to already was fulfilled in fact end, here the circumstance falls, accuser just advocates accuser Xu yulan magnolia, Shi Weixing to not be clear about to selling the department contends for a building, this academy does not grant to adopt. And the accused contended for building and accessary establishment to undertake be decoratinged partly reaching to the department reparative, 3 accuser also do not return the demand that certain economy grants compensation or relocate abode after returning a house with meaning the accused, reason is appropriate with managing the current situation, unfavorable return again still. Reason asks to accuser the accused returns the request that returns a department to contend for building and accessary establishment not to grant to support. Accordingly, according to " contract law of People's Republic of China " fiftieth 2 the 5th regulations, the court decision is as follows:
Chen Zhaojing of requirement the accused returns accuser Shi Mingfa, Xu Yulan, Shi Weixing to still be located at Shanghai to esteem bright area horizontal stroke the bungalow that Sha Xiangyong surpasses village XXX mark 2 (54 square metre) reach 3.
The case accepts fee 610 yuan, halve collection plan 305 yuan, impose burden of bright law, Xu Yulan, Shi Weixing by accuser.
If refuse to obey,adjudicate originally, can be in since the day of judgment service inside 15 days, hand over petition for appeal to this academy, press a the opposing party or commissarial number offers copy, appeal at Shanghai court of the 2nd intermediate people.
Legal basis:
Fiftieth 2
[the legal status with invalid contract] have one of following state, the contract is invalid:
(one) one party concludes with con, threatening method contract, harm national interest;
(2) ill will is colluded with, damage country, collective or interest of the 3rd person;
(3) conceal illegal destination with legal form;
(4) damage a society public interest;
(5) of lawbreaking, administrative regulations mandatory regulation.
