The owner concealed the fact that the haunted house was asked to check out the house and lose money.

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 The owner concealed the fact that the haunted house was asked to check out the house and lose money.


Of course, legends are legends, rumours can not be tested, and the stories of haunted houses have been proved to be virtual. In fact, the concept of mant house is not authoritative official or legal definition, but in the process of building the house, if the owner intentionally conceals the information that the house should disclose, it may be suspected of fraud and will lead to the revocation of the house sale contract. Changsha Tianxin peoples court has handled such a case, because the house owners and home buyers in the signing of the housing sale contract, did not have people in this house to commit suicide information to the home buyers. After knowing the information, the buyers asked the court to revoke the housing sales contract, and finally got the support of the court. So, what is the details of the case? Today, it will take you to understand the case. After she graduated from Su min (pseudonym) University, she was in urgent need of a house in Changsha to work in Changsha. In order to easily see the house, Su min found a real estate agency in Changsha, and asked the intermediary company to find the right house together. After that, the real estate intermediary company introduced a set of housing for Su min, a residential district in Changshas Tianxin District. Although this is a set of old houses, but seeing that the traffic is convenient, the environment of the community is still fine, and the price is moderate, Su min sees this apartment. In March 2017, Su min and Li Min, the owner of the house, signed a contract for the sale of houses, with the total price of more than 85 million yuan, under the intermediary service of the real estate agency. On the day of signing the contract, Su min paid Li Min a deposit of 30 thousand yuan in accordance with the contract, and paid 17 thousand yuan to the real estate intermediary company. At the end of March 2017, Su min transferred to the Li Min bank account with more than 16 yuan of initial purchase payment through bank transfer. Soon after, Su min paid the remaining room money to Li Min through bank transfer. In April 2017, after receiving all the purchase money, Li Min transferred the house to Su min. Su min paid a total of 2 yuan for the purchase of the house. It is understood that in order to make up the house money, Su min also signed a contract with a bank in Changsha for the mortgage of personal purchase (guarantee), and agreed that the repayment method was equal to the principal and interest repayment, which agreed that the loan interest rate was floating interest rate, and the monthly interest rate was 3.675 per thousand. Shortly after the house was delivered, Su min moved in. One day, Su min accidentally learned from the residents of the district that he had committed suicide in the house. In order to verify the situation, Su min went around to inquire about it, and later found that the house had been used to rent a house before, and before he bought the house, a woman tenant killed himself in the house. However, Li Min did not tell Su min about the fact in the housing transaction, which led Su min to buy the house without knowing it. The court verdict return a house and lose money He spent 850 thousand yuan on the money, but bought a problem house, Su min then asked Li Min to check out the request, but was rejected by Li Min. In the absence of repeated consultations, Su min prosecuted Li Min to Tianxin District Peoples Court of Changsha. In the trial process, the two sides of the original defendant debated the focus of the debate. The plaintiff, Su min, said that after staying in the house, he visited the neighbours and the departments concerned to realize that a woman killed himself in the house during the rental. But when he bought the house, Li Min concealed the fact. Su min believes that according to the fifty-fourth provision of the contract law, the housing sales contract signed by Li Min and him should be revoked. Li Min should return to his home purchase payment and other actual expenses, and compensate for the losses. And the defendant Li Min argued that when she signed the contract she did not pay attention to the terms of the contract, her intention was not concealment, no deliberate concealment, asking the court to judge according to law. After the court court trial, the court made a trial decision, revoking the contract between the plaintiff Sumin and the defendant Li Min; Li Min returned 850 thousand yuan to sue Sumin, and paid the plaintiff Su Min the actual interest on the 650 thousand yuan bank loan; the plaintiff Sumin will be involved in the case. The title of the house was re registered to Li Min. At the same time, the court also decided that defendant Li Min paid 17 thousand yuan to the plaintiff Su min for the intermediary fee and paid 30 thousand yuan to Su min for compensation. After the first instance was adjudication, the original defendants did not appeal, and the first instance decision has already taken effect. A judges statement Case trial judge Zhou Changjun Zhou Changjun, the judge of the court case of the court of Tianxin District, explained that the party had the right to request the peoples law to revoke the contract by means of fraud, coercion or the danger of multiplication, so that the other party had entered into a contract in violation of the true meaning. In this case, Li Min deliberately concealed the real situation of the suicide of someone in the house during the rental of the house, which led Su min to sign a contract for the sale of the house in the case of unknowingly violating the real meaning of the house, and Li Mins behavior had been fraudulent, so Su min had the right to request the revocation of the house. Sell the contract. Zhou Changjun said. There is no legal definition of the mant According to Tian FA Xiao Xin, similar to buying a house known as a haunted house, and then prosecuting court cases because of a check-out dispute, it was reported repeatedly. And courts treat this kind of cases mostly based on the judgment of refund of compensation. But not as long as a house dies, the court will decide the refund of compensation. According to media reports, in 2014, Ms. Wen in Yuyao, Zhejiang saw an apartment through the intermediary, and reached the purchase agreement with the owner, Mr. Kim, at a price of 1 million 150 thousand yuan. In June 2014, Ms. Wen paid all the rooms and handled the corresponding transfer procedures. In March 2016, Ms. Wen brought Mr. Kim to the court. She believed that Mr. Kim had concealed the abnormal death of the people in the house when he sold the house. The act had formed a fraud and asked the court to revoke the sale contract, refund the money and compensate for the loss. The judge took the transcript of public security, and there was no vicious incident of homicide or suicide. At that time, the dead were likely to be their own cause or the death of the disease, so they ruled out suicide or homicide, so they were different from the homicide in the public concept. After hearing, the court finally rejected Ms. Wens claim. Then, is the saying haunted house a folklore or superstition? In March 16, 2018, Dong Yan, the chief court of the court of Tianxin District Court, was invited to participate in the rule of law of the Hunan provincial Party committee, the judicial office of Hunan Province, and the Hunan view together with the rule of law column Zijin Mountain statement, and talked about her personal views on this issue. Dong Yan believes that the concept of haunted house has no authoritative authority or legal definition. At present, there is no legal definition of haunted house accurately. Folk saying that haunted house means unlucky events in houses, such as abnormal deaths. In general, if there is an abnormal death in the house, there may be fear in the minds of people outside the house. Dong Yan believes that such houses are much more difficult to sell than normal houses. If at the same price, no one will accept such a house, it can be regarded as a kind of folk custom. This kind of folk custom can be classified as a good custom in law and should be protected by law. If the owner intentionally conceals the information that should be disclosed, it may be suspected of fraud, which will lead to the cancellation of the housing sales contract. Dong Yan said. Dong Yan suggested that as a result of the large amount of housing sales, the citizens in the purchase of second-hand housing can be field survey, and also to the surrounding households to understand the housing situation, so that the biggest avoidance of housing disputes. Source: Tianxin District Peoples court editor: Fan Jiang _NN9138 This kind of folk custom can be classified as a good custom in law and should be protected by law. If the owner intentionally conceals the information that should be disclosed, it may be suspected of fraud, which will lead to the cancellation of the housing sales contract. Dong Yan said. Dong Yan suggested that as a result of the large amount of housing sales, the citizens in the purchase of second-hand housing can be field survey, and also to the surrounding households to understand the housing situation, so that the biggest avoidance of housing disputes.