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Recently, power sea breeds hill court heard case one case, accuser Liu is beautiful (alias) the building rents Li Xiaoying, Wang Bo all the time from 2007 (leveling name) use. On December 18, 2017, should rent building happening fire, cause the residence 3 housetop cave in, the building reachs burn down of the article inside house. Accuser Liu beauty accuses to forensic requirement the accused Li Xiaoying, Wang Bo assumes a building to rebuild charge 45548.61 yuan, li Xiaoying, Wang Bo counterclaim, ask Liu Mei recoups loss of the goods inside the room that creates because of fire.
Property is destroyed
Landlord, rent a settle or live in a strange place after all who should bear a loss?
Forensic cognizance thinks, the building already was used continuously by Li Xiaoying, Wang Bo up to now from 2007 old, li Xiaoying, Wang Bo has the obligation that day-to-day management and safety use as tenant and effective control person, this building fastens average a house owned by a citizen, the Li Xiaoying before the accident, Wang Bo regards his as storehouse is used, do sth without authorization changed building use, raised the possibility of danger happening. And reason of this accident on fire does not remove electric circuit trouble combustible is caused all round ignition, in fire immediate cause cannot find out a circumstance to fall, li Xiaoying, Wang Bo bear not to be pooh-poohed of the management between lease is brought about bear hire building happening fire, beauty of Liu of the person that rent is nonexistent to this fire fault, loss of the goods inside the loss that the building is destroyed and house ought to be assumed by the accused Li Xiaoying, Wang Bo.
The house rebuilds
Compensate for amount after all which standard comes to according to calculate?
After case hair, liu Mei maintains place to need charge to have identification to damage building, evaluate company appraisal opinion to be: Because building burn down is serious, cannot repair, need to demolish rebuild, rebuild charge is 45548.61 yuan. The court thinks via cognizance, this building has been used 40 old, this appraisal opinion did not consider depreciation issue. According to the Ministry of Public Security " method of fire loss statistic " (GA185-2014)7.5 regulation, use loss of building of computation of replacement value standard, ought to consider to be led newly, computational formula is: × of value of replacement of = of amount of loss becomes rate of burn down of new rate × . Into new rate computational formula is: Into new rate =(always uses fixed number of year - already used fixed number of year) / × of total use fixed number of year 100% . The building loss of beauty of Liu of computation of according to formula is: 9109.72 yuan.
This method thought adequately the use fixed number of year of the building and depreciation rate, amount of reasonable to Liu Mei loss has more scientific referenced sex surely really, loss of beautiful building of Liu of accuser of compensation of wave of Li Xiaoying of the accused of final court court decision, king 9109.72 yuan, rejected Li Xiaoying, Wang Bo to ask Liu Mei compensates for countercharge of losing of the article inside its building to request. Accuser Liu beauty refuses to obey as a result to court decision of court of first instance, think to ought to compensate for its building to rebuild according to 45548.61 yuan charge, after the case appeals, 2 careful court is maintained to adjudicating the result gives.
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