Basic details of a case
XX of the accused Zheng fastens Ou Cicheng of north of river of peaceful wave city to press down villager of civilian abundant village, accuser seeks XX to fasten Ou Cicheng of north of river of peaceful wave city to press down Gong Fengcun villager. On March 1, 1996, accuser and the accused conclude the building sells writ absolutely, conventional the accused is located in under one's name kind town civilian abundant village the building of 141.25 square metre sells with 6000 yuan price Yu Yuan is accused, and dictum building the four boundaries of a piece of land or a construction site, accuser sells document absolutely in the building after Ou Cicheng of north of river of peaceful wave city was built to press down village of civilian abundant village on original appoint meeting official seal. Accuser paid 6000 yuan to buy house fund to the accused according to it, the accused uses construction of afore-mentioned building collective land the ground to use card to be handed in at accuser to keep, prosecutor lives actually this building up to now. After accuser is entered, undertook be decoratinged necessarily to this building. The accused was sued to this academy in Feburary 2011, with accuser and the accused blame same collective economy organizes the villager for, the requirement decides building business contract is invalid, accuser remands the building the accused, this academy with (2011) north of another name for Ningbo the 182nd civil judgment adjudicates Ci Minchu word contract of bilateral building business is invalid, accuser seeks XX to build part of boreal kind land (1995) the 2902nd collective land builds the word to use card with the ground those who fall be located the building that Ou Cicheng of north of river of Yu Ningbo city presses down square home of civilian abundant village remands the accused, XX of the accused Zheng is returned return accuser to seek XX to buy house fund 6000 yuan. Accuser refuses to obey put forward to appeal, court decision of final judgment of court of intermediate people of peaceful wave city rejects appeal, maintain original judgement. At present civilian abundant village has included kind town impose a plan, the basis imposes the regulation of executive plan, at present congener plot evaluates building of this case experience case the price is every square metre 4538 yuan.
Forensic court decision
Court of people of division of north of river of city of Zhejiang province peaceful wave made on July 19, 2013 (2013) the word at the beginning of business of kind of north of another name for Ningbo the 217th civil judgment: One, accuser of compensation of XX of the accused Zheng seeks XX pecuniary loss 550 thousand yuan, rise 30 days at adjudicating the day of become effective originally inside paid; 2, reject accuser to obtain plea of XX other suit. After adjudging, zheng XX refuses to obey first instance adjudicates court of intermediate people of Xiang Ningbo city mentions appeal. Court of intermediate people of peaceful wave city made on October 15, 2013 (2013) another name for Ningbo of short for Zhejiang Province civilian 2 eventually word the 594th civil judgment: Reject appeal, maintain original judgement.
Review analyse
The property that acquires because of invalid contract ought to give return still; Cannot return still criterion 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 bear corresponding loss severally, this loss should include the reliant profit loss that produces because of this contract. In this case, what accuser is buying a building to buy a house according to abide country at that time is consuetudinary, signed with the accused sell bond absolutely, invite cadre of village of civilian abundant village to serve as go-between, obtain this village agree, paid pair of relevant price by the market price at that time, had blended in the life of this village, can live in this building originally eventually old. The contract of rural house business that signed on March 1, 1996 between former, the accused now because of lawbreaking, administrative regulations mandatory prohibit setting and be maintained to disable by become effective court decision, accuser is assumed return the obligation that returns this house, lost the access of this building, but 6000 its place is resumptive yuan of moneys that buy a house, because prices rises,wait for an element, already can't buy the housing of the 2 square metre of congener building, cannot buy the commodity house of congener a sector of an area more. And by the expropriation of current and congener a sector of an area the price is calculated, this building value is more than yuan 640 thousand, because the contract disables and accuser produced huge reliant profit loss, the accused also acquires interest of a huge sum because of this. In the meantime, according to sincere letter principle, the accused also cannot from the interest that its acquire a huge sum in fault behavior first, accordingly, a huge sum that its produce to accuser place trusts profit loss agree to carry main responsibility, the integrated element such as the actual level that links price of house of the living condition with current prosecutor, place, the court enters a judgement lawfully as above.
Proposal
Be on the move about rural house at present, the country is divided now be pilot area or be not pilot area, inside pilot area, rural house business can be in blame is same be on the move between village collective, when the proposal is having rural house business, examine whether be pilot area and the set that pay attention to contract provision
