A mans house is auctioned by a court but has no land certificate.

category:Global
 A mans house is auctioned by a court but has no land certificate.


In 2007, the collective land certificate was held on Chen Jingsongs hand. His building was sold by the Huian county court as his ex-wifes property. After he objected, the court not only rejected the objection, but also issued a judicial proposal to the county government to revoke the land use certificate in his hand. Subsequently, the Huian county government adopted the judicial recommendation of the court and revoked Chen Jingsongs land certificate. Chen Jingsong also sent a petition to the Huian county government to court. The Quanzhou intermediate peoples court made a judgement after the second instance and revoked the decision of the Huian county government to revoke Chen Jingsongs land certificate. In January 2015, the Huian county government formally revoked the decision made before Chen Jingsongs land certificate was restored. And his house has been auctioned by the court. The successful bidder also has legal procedures. Who is the property owner of this house? Over the past three years, Chen Jingsong has contacted the courts of Huian many times, hoping to prove something about this, proving that his house is his own, but no progress has been made. Recently, Huang Hanyang, deputy director of the Huian county court, accepted the news that the court has known the matter. The court has paid much attention to it. Now it has been investigating the relevant departments such as the County Land Bureau and will give Chen Jingsong a response in the near future. On the front of the house. This article is a picture of an surging journalist, Wang Xuanhui The house is sold by the court for auction of other peoples property In front of the surging news reporters, Chen Jingsong slowly opened all kinds of documents: land registration application form, land registration examination and approval form, cadastral questionnaire, and collective land construction land use certificate. These documents were covered by the Huian county government, County Land Bureau, Luoyang Town, western village committee and other official seals. However, the houses on the land directed by these documents have been auctioned off by the court to others, and things should start with Chen Jingsongs ex-wife Wang Ping (a pseudonym). In 1989, because of marital discord, Chen Jingsong and Wang Ping were presided over by the Huian county court for mediation and divorce. In the mediation agreement, surging news shows that the property of husband and wife is a two storey old house, which has been clearly cut off without mentioning other property. The above materials show that in the process of applying, approving and issuing certificates of land, the registered persons are Chen Jingsong. On the land examination and approval table of August 2, 2001, the land department of Huian County recorded that after handling according to the regulations, the boundary is clear, the ownership is set up, the neighbourhood has no objection, and it is registered by 736.2 square meters. Chen Jingsong said that around 2000, he went out to work in other provinces to start businesses, and housing was idle. After being interacted with others, the house was lent to Wang Ping for the operation of the enterprise, but the nature of the land, the right to use and the ownership of the house did not change. It was not surprising that the loan was in dispute. In 2004, there was a case of illegal deposit of public deposits in Quanzhou. The main offender was Chen Jingsongs ex-wife Wang Ping. After the incident, Wang Pings fixed assets were enforced by the court due to his huge debts. In February 6, 2007, the industrial land and ground buildings of Huian Mingxin Industrial Co., Ltd. and Quanzhou Heng Hui maternal and child hygiene products Co., Ltd., opened by Wang Ping, were sold by the Huian county court. 3 months later, Chen Jingsong, who started his own business in other provinces, learned that his house had been auctioned off in Wang Pings case. Chen Jingsong, who hurried home, found that the objects in the house had been cleaned up. Chen Jingsong was puzzled: as a property owner of the house, the house was sold unintelligible, without even telling it. The house is on the back of the case. The land certificate was revoked after the execution of the objection to the court In June 16, 2007, Chen Jingsong put forward an objection to the Huian county court. 4 months later, the Huian county court dismissed his objection. Rejecting a ruling, Chen Jingsongs ex-wife, Wang Ping, said in a court investigation that the two storey building north of the office building was built by Chen Jingsong after four or five years of divorce, and the property right was Chen Jingsong. He began to use the building when he ran the factory and began to use it as an office, and later as a staff dormitory. According to the ruling, the 2 two storey building land used in the above office building is not within the scope of the Huian Mingxin industrial limited company (factory building), and the land use right of Chen Jingsong is occupied by the 2 storey building of the above office building, which is entrusted by Quanzhou geotechnical geotechnical limited company. Square meteru3002 Chen Jingsong believes that the land certificate issued by the County Bureau of land clearly shows that the floor area of the land is 357.2 square meters. At the same time, the town government has collected the auction funds for the two times, and the receipt of the receipt, enough to prove that the house is all. The property law stipulates that when the building is assigned to be punished, the right to use the construction land in the occupied area of the building must also be punished together. The court said that only the house was bought, the land use rights were not sold, and the houses on the land were all others. How do I use them? Chen Jingsong is puzzled. The court also pointed out that the villagers confirmed that the building was built before Chen Jingsong and Wang Ping divorced. The examination and approval procedures of the Ministry of land are recorded in 1993 and 1996. Who is the concerned villagers investigated by the court, which they say is more basis than the seal material of the land department? Chen Jingsong said, the ten thousand step back, if the house is our divorce before the cover, and the husband and wife have property, why did not contact me before the auction? The ruling said that the auction companies had published the auction three times in the Quanzhou evening news, and Chen Jingsong did not disagree and claim the right to the property of the courts auction. In the Quanzhou evening news of the year, the surging news noted that the three announcements all only set out the property and land use rights of the maternal and child health products company of Quanzhou Heng Hui (Xinghui) and Mingxin Industrial Co., Ltd. in the western village of Luoyang Town, Huian County, on a certain day. I cant see any relationship with the auction notice. How can I raise objections and claim rights? Chen Jingsong said. What Chen Jingsong did not expect was that in November 7, 2007, the Huian County Court issued a judicial recommendation to the county government. In the proposal, the collective land use certificate issued to Chen Jingsong did not conform to the relevant regulations and was evaluated and auctioned as Wang Pings office building in Wang Pings case and sold at auction in February 6, 2007. It is recommended that the land certificate issued to Chen Jingsong be revoked. Chen Jingsong believes that the court issued a judicial proposal, the government revoked the land certificate, this combination is in order to cover up the Huian county courts erroneous execution. Win the restoration of the government land certificate In November 21, 2008, Chen Jingsong filed an administrative lawsuit against the Quanzhou intermediate peoples court, demanding that the Huian county governments decision to revoke its land certificate be revoked. After the Quanzhou intermediate peoples court was put on file, it was handed over to the Huian county court for trial. The court of first instance of Huian county made a judgement that the decision of the county government to revoke Chen Jingsongs land certificate decided the facts clearly, the procedures were legal and the regulations were correct. Chen Jingsongs support for the decision to withdraw the decision is insufficient. In a trial decision, the Huian court decided that one of the basis for Chen Jingsong to cheat the approval registration was Chen Jingsongs record in the Land Bureau supervision unit to prove that Chen Jingsong concealed the fact of the divorce and cheated the registration of land certificate. It is worth noting that there is no Chen Jingsongs signature behind the key transcript, and the end reads the refusal of the parties. Chen Jingsong said in an interview with surging news that the so-called talk record was a perjury. He had never made a survey in Huian County Bureau of land. No litigant signed a record, how can it be taken as evidence. Conversation notes, Chen Jingsong said that his house and the Wang Ping workshop (land registration boundary) overlap is part of the open land. Chen Jingsong issued a map of the Land Bureau seal, showing that the two overlapped parts were two stone houses. I will call my house vacant. Because he refused to accept the first instance decision, Chen Jingsong appealed to the Quanzhou intermediate peoples court. In his opinion, the Huian court had previously carried out its actions, rejected the ruling of the execution of the objection and the judicial proposal, all of which had direct causality and interest with the county government to revoke the decision. It should be avoided, and the decisions and entities made were all wrong. In September 3, 2009, the Quanzhou central court made a decision on the case: revoking the first trial decision of the Huian county court and revoking the decision made by the Huian county government to revoke the land certificate of Chen Jingsongs homestead and recover the cancellation of it. In the decision of the Quanzhou middle court, according to the regulations of the Fujian land registration regulations, the right to revoke the approval registration is the registration department, that is, the land management department. In this case, the county government, in its name, made the decision to revoke the land registration of the homestead and reclaim the cancellation of Chen Jingsong in its name. In violation of the above provisions, the county government has no right to make the administrative act of the land, which is a transcendental act. Although the second trial was successful, Chen Jingsong was still not satisfied: the part of the Chen Jingsong land use card system was quoted by the Quanzhou middle court decision. Therefore, Chen Jingsong applied again to the Fujian high court for retrial. In May 23, 2012, the Fujian High Court made a decision not to rehear Chen Jingsong. In the decision, the verdict has already revoked its administrative act on the basis of the Huian county governments decision to surpass its authority, and did not judge the facts and entities of the case, and decided not to bring up the retrial. With the reply of the Fujian high court, Chen Jingsong was relieved. In January 21, 2015, the Huian county government decided to revoke the decision to withdraw the land use certificate of Chen Jingsongs homestead in September 23, 2008. Thus, Chen Jingsongs land certificate restoration effectiveness. How do I prove that my room is my room? Chen Jingsong thought he could win the lawsuit and get the house back and take it back to the land. However, when the house was auctioned off in 2007, it fell into the hands of others. Recently, when Chen Jingsong visited the site, surging news noticed that the first floor of the houses involved had been rented to workers, including mechanical and electrical equipment. The house is bought by a normal auction procedure. Cant I take the land certificate and get the house back in the past? Chen Jingsong is very helpless. I need a proof to prove that my house is my house. Chen Jingsong said. In the past three years, he has been contacting the Huian county court, asking him to issue a certificate to return the house. Liang Honggang, a lawyer of Beijing Grand Hyatt law firm, said in an interview with the press that the court supported Chen Jingsongs litigation request and revoked the governments illegal administrative actions. Chen won the lawsuit, but it did not mean that he could get the ownership of the original house. According to the basic principles of one property and one right in the property law, it is impossible to establish two ownership rights in the same real estate, that is, the housing involved. Liang Honggang said that the court auction of the housing, and the third people for the trust of the judiciary, and according to the judicial auction process, to pay the price, and obtain the ownership of the house involved, even if the court dispose of the case involving the case of the law, the third persons are in good faith acquisition of housing, according to the property law 106th The rights of the third party shall be protected by law. Liang Honggang believes that Chen Jingsong is unable to obtain ownership of his own house at present, which is caused by a mistake in the court and the administrative act of revoking the land use right of the homestead. In addition, according to the relevant provisions of the state compensation law, Chen Jingsong can bring up administrative compensation and judicial compensation according to the relevant provisions of the state compensation law. If there are misconduct and dereliction of duty in this process, it can also be reflected in the departments such as the discipline Commission and the supervision committee. Recently, Huang Hanyang, deputy director of the Huian county court, accepted the news that the court has known the matter. The hospital leaders have paid much attention to it. At present, the County Land Bureau and other relevant departments have been investigated and will give Chen Jingsong a response in the near future. The source of this article: surging news editor: Ji Xue Ying _NN6784 Liang Honggang said that the court auction of the housing, and the third people for the trust of the judiciary, and according to the judicial auction process, to pay the price, and obtain the ownership of the house involved, even if the court dispose of the case involving the case of the law, the third persons are in good faith acquisition of housing, according to the property law 106th The rights of the third party shall be protected by law. Liang Honggang believes that Chen Jingsong is unable to obtain ownership of his own house at present, which is caused by a mistake in the court and the administrative act of revoking the land use right of the homestead. In addition, according to the relevant provisions of the state compensation law, Chen Jingsong can bring up administrative compensation and judicial compensation according to the relevant provisions of the state compensation law. If there are misconduct and dereliction of duty in this process, it can also be reflected in the departments such as the discipline Commission and the supervision committee. Recently, Huang Hanyang, deputy director of the Huian county court, accepted the news that the court has known the matter. The hospital leaders have paid much attention to it. At present, the County Land Bureau and other relevant departments have been investigated and will give Chen Jingsong a response in the near future.