On September 29, the trial information network of Beijing Court published a civil judgment of the first instance on the housing sales contract dispute between Huang Xiaoming and Zhang Haolong.
The plaintiff is Huang Xiaoming, born on November 13, 1977, and is an actor by profession. The defendants name is Zhang Haolong. He is 20 years old.
Is this Huang Xiaoming the well-known Huang Xiaoming?
Judging from the judgment, the plaintiff Huang Xiaoming is an actor by profession and his date of birth is the same as that of the star Huang Xiaoming.
In addition, the judgment also showed that the plaintiff Huang Xiaoming entrusted her mother Zhang Xiaoxia to sign the housing sales contract.
In August 2018, the securities and Futures Commission disclosed a case of Gao Yong handling essence pharmaceuticals. In the list of accounts for Gao Yong, the name of Huang Mou Ming and his mother Zhang Mou Xia appeared. According to the economic observer, Huang is known as Huang Xiaoming.
Return to the case of Huang Xiaoming and Zhang Haolong housing sales contract dispute. According to the civil judgment, in December 2012, Zhang and Xing, the parents of the owner Zhang Haolong, as legal guardians, entrusted Zhang Zhaoji (a friend of Zhang Haolongs father) to handle the relevant procedures such as leasing, selling and mortgage of the property involved. In January 2013, Zhang and Huang Xiaoming signed a housing sales contract. Huang Xiaoming transferred 35.985 million yuan to Zhang in seven transactions in 2013. Huang Xiaoming paid 25300 yuan of property services in January 2013 to offset the remaining purchase money.
After signing the contract, Huang Xiaoming has been living in the house after decoration. Around 2018, Huang Xiaoming asked Zhang Haolong to cooperate in the registration of house ownership transfer, but Zhang Haolong avoided it, so Huang Xiaoming took Zhang Haolong to court.
Zhang Haolong argued that:
At the time of signing the contract, he was only 13 years old and was a person with limited capacity. His parents authorization and entrustment damaged his rights and interests, and the invalid authorization led to the invalidity of the contract;
According to the power of attorney, authorization is related to the sale and lease of the house. There is no authorization to receive the house price. Zhang Haolong has not received the house transfer price of 36 million yuan;
After investigation, Beijing Chaoyang Court learned that on December 31, 2012, Zhang Haolongs parents entrusted a person named Zhang Yiyi to handle the relevant procedures such as renting, selling and mortgage of the house involved. The building area of the house was 703.13 square meters, and the transaction price was 36 million yuan.
Zhang Haolong acknowledged that Zhang had received the transfer from Huang Xiaoming, but said that Zhang had not transferred the money to Zhang Haolong and his parents, and that Zhang had not been entrusted to collect the money in the power of attorney.
In 2016, Zhang Haolong took the notary office to court.
The judgment of Chaoyang Court also showed that the house involved in the case had registered to establish a general mortgage on January 31, 2013. The mortgagee was Zhang Xiaomings mother Zhang Xiaoxia, and the mortgagor was Zhang Haolong. The amount of secured principal creditors rights was 36 million.
Huang Xiaoming said:
Because there was no Beijing house purchase qualification, the registration procedures for the transfer of ownership of the houses involved were not handled. In order to ensure the transaction safety, the mortgage registration procedures were handled for the purchase money of the houses involved. However, Huang Xiaomings mother Zhang Xiaoxia did not actually provide loans to Zhang Haolong. Now Huang Xiaoming has the qualification of purchasing houses in Beijing (therefore, Zhang Haolong is required to cooperate in the transfer of house ownership) Registration procedures). Huang Xiaoming applied for property preservation in this case and applied to seal up the houses involved. The peoples Court of Chaoyang District of Beijing actually waited to seal up the houses involved on April 16, 2018.
Court: the house has been seized many times
Where is the house Huang Xiaoming bought?
According to a civil ruling published in April 2018, the house is located in courtyard 1, sijixinghe middle street, Chaoyang District, Beijing. Here is the old Beijing luxury house Star River Bay.
In 2012, the house with a building area of 703.13 square meters sold for 36 million yuan, with a unit price of about 51000 yuan. Now, according to a website, the average price of Xinghewan is about 83000 yuan, and the suite Huang Xiaoming bought is worth about 58 million yuan.
The court also found that the house hadu2014u2014
It was sealed up by a court in Changzhi, Shanxi Province on December 21, 2017, with a term from December 21, 2017 to December 20, 2020.
On May 8, 2018, it was seized by a court in Taiyuan, Shanxi Province for a period from May 8, 2018 to May 7, 2021. On April 28, 2019, it was seized by a court in Qiqihar, Heilongjiang Province for the period from April 28, 2019 to April 27, 2022. After hearing, Beijing Chaoyang Court held that the housing sales contract signed by Huang Xiaoming and Zhang Haolong was valid. However, because the house had been sealed up for many times, and had not been unsealed before the end of the debate in this case, the claim for continuation of ownership transfer registration required by Huang Xiaoming belongs to the claim that can not be fulfilled in fact, so it has not been supported by the court u3002 Source: Daily Economic News comprehensive Beijing court trial information network, Zhongxin Jingwei extended reading! American Amazon company: nearly 20000 employees infected with new crown Chongqing beer was sued by its own people: accused of squeezing market share of mountain city and after trump new crown test positive, American media was anxious: Biden is dangerous! Source: Daily Economic News Editor: Zhang Mei_ NF2100
On April 28, 2019, it was seized by a court in Qiqihar, Heilongjiang Province for the period from April 28, 2019 to April 27, 2022.
After hearing, Beijing Chaoyang Court held that the housing sales contract signed by Huang Xiaoming and Zhang Haolong was valid. However, because the house had been sealed up for many times, and had not been unsealed before the end of the debate in this case, the claim for continuation of ownership transfer registration required by Huang Xiaoming belongs to the claim that can not be fulfilled in fact, so it has not been supported by the court u3002