But recently, a strange thing happened in Qingdao, Shandong Province. A real estate developer sold 24 houses without receiving any money. When the developer responded and took the buyer to court, the court decided that the purchase contract was valid.
What on earth is this?
Developers mortgage 24 apartments for loans
According to Voice of China, Qingdao Sanyuanhaodi Real Estate Company, a real estate developer, recently reported to the media that 24 of its No. 9 real estate projects have been developed by the company. In the absence of any money received, it has signed a Pre-sale Contract for Commercial Housing with the buyers.
However, after that, Haudi sent a letter to the buyer requesting that the money be deposited in the project supervision account on time, otherwise the contract would be terminated, but the buyer was late to move, so Haudi brought 24 buyers to court, but the court ruled that the purchase contract was valid. Whats the matter with such a strange thing?
According to public data, the Haudi No. 9 District was developed in 2013, and the district and its supporting commercial facilities are located in the most prosperous section of Jimo District, Qingdao City.
Hu Sishui, the legal representative of Sanyuanhaodi Company, told the media that at the end of 2012, the company took over an old city renovation project. Because of the huge investment in the project, Hu Sishui had not so much money on hand for the time being and had to borrow money from others. More than a billion yuan was invested in the early stage of the urban reconstruction project, and 150 million yuan was needed to pay for materials by the end of the year. I got 78 million yuan. At that time, an intermediary introduced Xu Moufang to me, saying that there was money, but no use?
Later, according to the companys financial accounting, from the end of 2012 to July 31, 2014, Sanyuanhaodi Company borrowed 34.5 million yuan from Xu Moufang and his company. During this period, 13.99 million yuan was repaid successively, but the remaining 2 million yuan owed has not been repaid.
According to Peng Mei News, on October 7, 2014, Hao Mou, Li Mouying and Wang Mouzhi signed the Qingdao Commercial Housing Pre-sale Contract with Haodi Company (hereinafter referred to as Pre-sale Contract), 24 people each bought a house in the 16th floor of the community, with the total price of each house ranging from 11.1 million to 27.1 million yuan.
It was thought that the 24 flats were sold only in their hands, but later, Hu Sishui found that some people came into these houses one after another. Hu Sishui said, They went in to build 24 houses. I see this is wrong. You didnt pay for the 24 houses. The house was worth forty-five million yuan. I owe you twenty million yuan. Now you want to take the house away? You didnt pay a penny.
Subsequently, Sanyuanhaodi sent a letter to 24 buyers through lawyers: Send them a letter, since you want to occupy the house, you pay the money to our account set by the Housing Authority, that is, every household will send it to him, how long can you give it to me?
The whereabouts of nearly 40 million home purchases are unknown
After the lawyer sent the letter, Sanyuanhaodi Company did not receive the rent. So the company sued one of the buyers, Li Mouying, to the court. In the first instance, the buyer claimed that he had paid money to Hu Sishuis personal account.
Did Sanyuanhaodi receive the money?
According to Voice of China, a running-water record of Sanyuan Haodi shows that in less than four hours, 42 transactions were completed on a bank card under the name of Hu Sishui: 24 buyers remitted 39.22 million purchase money and were drawn in batches. After the transaction, the balance of the bank card account is 0 yuan. Hu Sishui said: The balance on this card is 0, (the buyer) a sum of money paid, a sum of money saved, a sum of money saved, a sum of money withdrawn, and finally my card is zero deposit.
According to the Regulations on the Supervision of the Pre-sale Capital of New Commercial Housing in Qingdao, all the pre-sale funds of new commercial housing paid by buyers must be deposited directly into the special supervision account specified in the pre-sale contract of commercial housing. Development enterprises shall not directly deposit pre-sale funds in any form.
Photo Source: Photograph Network (Graphic and Textual Independence)
So why have these purchases been hit on Hu Sishuis personal account?
In addition, according to the surging news, according to court records, when the judge went to Pudong Development Bank to collect materials, bank staff informed that the 39.22 million purchase money in the running water was actually only a sum of 2 million yuan, which was repeatedly deposited and withdrawn by 24 buyers, and did not really deposit 24 cash.
Hu Sishui also said that the bank card was made under the guise of someone else who did not know it. But 24 buyers asked the company to hand in their houses on the grounds of purchase contracts and transfer vouchers.
The court ruled three times that the purchase contract was legal
In April 2018, the Peoples Court of Jimo District made a first-instance judgment: rejected the plaintiffs claim of Sanyuanhaodi for rescinding the commercial housing pre-sale contract, and the defendant Li Mouying compensated for the deferred payment of 1500 yuan for breach of contract.
Since no payment has been received, why does the court still award the purchase contract? The judgment mentions: After the defendant delivers the signature of the contract in question to the plaintiff (Sanyuanhaodi Company), he claims that the plaintiff will pay if he issues the receipt first. Sanyuanhaodi Company issues the receipt to the defendant and then interprets it as having negotiated with the defendant.
The court held that it was not in accordance with common sense and the rule of everyday life experience to issue receipts to the other party for such a large amount of business. Therefore, according to the partiesproof, the parties in this case signed a commercial housing pre-sale contract, filed online signatures, and the defendant remitted money to the account named Hu Sishui. After comprehensive analysis, it was concluded that the evidence in this case formed between them. A complete chain of proof is sufficient to confirm that the defendant, Li Mouying, has paid the plaintiff all the purchase money in accordance with the contract agreement, which does not constitute a fundamental breach of contract.
Sanyuanhaodi refused to accept the first instance decision and appealed to Qingdao Intermediate Peoples Court. The basic facts of the judgment were not clear and sent back to Jimo District Peoples Court for retrial.
In March this year, the Peoples Court of Jimo District again ruled that there were many contradictions between Sanyuan Haodi Companys lawsuit and the facts it had ascertained, and dismissed the companys lawsuit.
Subsequently, Sanyuan Haodi Company appealed, and the Qingdao Intermediate Peoples Court ruled in June this year that the facts of the first instance ruling were clear, the applicable law was correct, the appeal was rejected and the original ruling was maintained.
Hu Sishui said that Sanyuanhaodi had reported to the public security organs 24 suspected buyers of criminal offences. The case is at the stage of investigation.
Source: Daily Economic News Responsible Editor: Wang Xiaowu_NF