Zhan Haifeng of legal daily reporter
Xu Xianfei of legal daily reporter
Village underground car be rented by development business bazaar is managed use, owner this how does thought for the time being? Recently, court of the 5th intermediate people makes Chongqing city 2 careful court decision, development business and bazaar are sentenced to restore a car use function.
Business of Chongqing city some village stays in company of estate of multi-purpose building You Mou to invested development 2004, 2006 complete. Of the same age acquires property right by estate company, residential owner 116. Among them, basement and garage program area 2169.37 square metre (car 21) . In October 2010, via estate company legal representative Lu Mou applies for, village basement and change of garage property right are registered in Lu Mou under one's name, building utility is blame residence, floor is lose.
March 2008, estate company and electric equipment company are signed " the building rents a contract " , agreement by electric equipment company bear hire a village to lose to be used at bazaar to manage, the deadline that rent 10 years. In July 2017, lu Mou is signed with electric equipment company again " relet agreement " , continue by electric equipment company bear hire, relet deadline is 10 years.
In May 2015, this village owner holds meeting of owner committee vote, establish owner committee, put on record in bureau of canal of room of street agency, land. Requirement of 79 owner autograph restores the village lose a car use function. Owner committee is sued to court of people of area of river of Chongqing city Qi, changed a village to lose a garage to use property with company of company of the accused estate, Lu Mou, electric equipment for, plea court decision restores a garage to use a function.
Qi river thinks after forensic cognizance, experience case village loses to plan 21 vehicles, deregulation of estate company, Lu Mou rents program garage electric equipment company is used at managing, cause owner jockey need cannot get satisfaction, owner committee sues a requirement to restore a garage to use functional be good law to set, ought to give support. This courtyard adjudicates estate company, Lu Mou restores a village to lose a car then use function, electric equipment company gives assistance. Estate company, electric equipment company refuses to obey first instance court decision, to Chongqing city 5 quadrangle mention appeal. After this courtyard is tried, think first instance adjudicates and all without exception is become, the court decision rejects appeal, maintain original judgement.
Judge view
The judge expresses, garage of program of experience case village, with village collectivity owner has associated sex, owner committee can represent all owner to forensic suit, safeguard all owner to close right increase. According to content authority law sets, inside building division into districts, the car that plans to be used at park car, the garage ought to satisfy owner need above all. Sex of effectiveness of this regulation department is mandatory regulation, meaning what satisfying village owner is reasonable jockey need. The car that is used at park car to the program, garage, construction unit has the method that uses its at satisfying owner to need to define Wu. Deregulation of company of the estate in this case, Lu Mou rents program garage electric equipment company is used at managing, cause owner jockey need cannot get satisfaction, owner committee sues a requirement to restore a garage to use functional be good law to set, ought to give support.
