Developers for house price rise to sue the house Agreement invalid Court: malicious litigation

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 Developers for house price rise to sue the house Agreement invalid Court: malicious litigation


In fact, due to inadequate market supervision, once undocumented real estate projects were sold everywhere, developers in the absence of pre-sale qualifications, they signed subscription agreements or subscription agreements with the owners.

However, the relevant laws and regulations clearly, the seller did not obtain a commercial housing pre-sale license certificate, and the buyer concluded a commercial housing pre-sale contract, should be considered invalid, but before the prosecution to obtain commercial housing pre-sale license certificate, can be considered valid.

When housing prices started to go all the way, the risk was obvious.

Facing the huge profit margin, unscrupulous developers have reported their own sales without licenses, trying to cancel the previous subscription contract, and then re-sell at the current high price.

For the property owners, not only face the risk of invalid contracts, but also missed the low price of housing and opportunity costs, dilemma, there is suffering!

In 2016, Zhao Mou, who lives in Shijiazhuang City, spent more than 950,000 yuan to buy a set of Qirong International Project housing developed by Shijiazhuang Century Hongji Real Estate Development Co., Ltd. and signed the Internal Subscription Agreement with the agreed delivery time of May 1, 2017.

In August this year, Century Hongji filed a lawsuit with the court. Since no formalities have been obtained so far for the Rong International Project, it requested the court to confirm that the Internal Subscription Agreement signed by Century Hongji and the defendant Zhao Mou was invalid.

In court hearing, the plaintiff expressly indicated that the standard basis for the plaintiffs request to declare the contract invalid was Article 2 of the Supreme Peoples Courts Interpretation of Several Questions of Law Applicable to the Trial of Disputes over Commercial Housing Sale Contracts, that is, The seller shall conclude a commercial housing pre-sale contract with the buyer without obtaining the certificate of commercial housing pre-sale license. When it finds that it is invalid, however, it is valid to obtain the proof of the pre-sale permission of the commercial housing before the prosecution.

According to the relevant statistics, the average price of house prices in Shijiazhuang City was 7548.42 yuan in 2016 and 15843.13 yuan in 2018, which doubled. The motive of the plaintiffs prosecution was not to seek judicial protection because of the damage of rights and interests, but to avoid fulfilling obligations and obtain illegal interests in order to achieve illegal purposes in a legitimate form.

Once the plaintiffs intention is realized, there will be a large number of buyersrights and interests can not be guaranteed, and ultimately damaged, will be the public interest of the community and the judicial credibility of the region. The defendant said in the trial.

The court found that when the plaintiff and the defendant signed the internal subscription agreement, the house involved was a existing house, but the plaintiff did not provide evidence for completion and acceptance, the project involved has not yet obtained a commercial housing pre-sale license certificate.

The court held that the plaintiff and the defendant had no objection to the fact of signing the Internal Subscription Agreement, which should be the expression of the true meaning of both parties. The plaintiff, after selling the house without pre-sale permission and collecting a large sum of money from the defendant, demanded to declare the contract invalid on the ground that he did not obtain pre-sale permission after the price of the house rose sharply, which obviously violated the principle of good faith. His action to bring a lawsuit to the court was an abuse of the right of action and constituted a malicious action. In a lawsuit, according to Article 112 of the Civil Procedure Law of the Peoples Republic of China, the claim for rights shall be negated substantially.

To sum up, in accordance with Article 6 of the Contract Law of the Peoples Republic of China and Article 13 of the Civil Procedure Law of the Peoples Republic of China, the court rejected the plaintiffs claim of Shijiazhuang Century Hongji Real Estate Development Co., Ltd.

Qiaoxi District Peoples court, Shijiazhuang, Hebei

paper of civil judgment

(2018) No. 6440 in Hebei, 0104 and early Republic of China

Plaintiff: Shijiazhuang century Hongji Real Estate Development Co., Ltd.

Legal representative: He Mou, general manager of the company.

Principal agent: Jiao Yanfei, lawyer of Beijing Jun Chuang law firm.

Defendant: Zhao.

Principal agent ad litem: Sun Zhongde, Sun Tianyu, lawyer of Hebei Kai Jiang law firm.

The plaintiff Shijiazhuang Century Hongji Real Estate Development Co., Ltd. and the defendant Zhao a house sales contract dispute case, the court filed on August 22, 2018, according to the law, the application of summary procedures, open court hearing. Jiao Yanfei, the principal litigation agent of Shijiazhuang Century Hongji Real Estate Development Co., Ltd., the defendant Zhaomou and his principal litigation agents Sun Zhongde and Sun Tianyu attended the court. The case is now terminated.

Shijiazhuang Century Hongji Real Estate Development Co., Ltd. filed a lawsuit request to this court: 1. Confirm that the internal subscription agreement signed by the plaintiff and the defendant is invalid; 2. The litigation fee is borne by the defendant. Facts and Reasons: The plaintiff and the defendant, Zhao Mou, signed the Internal Subscription Agreement on April 22, 2016, which stipulated that the defendant would buy a flat of Unit X, Unit X, located at 363 Zhongshan West Road, Shijiazhuang City, which was built and developed by the plaintiff. In fact, the housing subscription agreement is not the true meaning of both sides, the two sides are actually the legal relationship between private lending. In addition, the project so far has not obtained any formalities, according to the law, the subscription agreement between the two sides should be regarded as invalid contract. Therefore, he appealed to the court and requested confirmation of the plaintiffs claim in accordance with the law.

The trial found that on April 22, 2016, the plaintiff and the defendant signed an internal subscription agreement, stipulating that the defendant to buy the plaintiffs construction and development in Shijiazhuang Zhongshan West Road 363 Rong International Project X Unit X room housing, the defendant to pay the plaintiff a total price of 950,400 yuan. The above facts and defendants are all recognized and have no objection. During the court trial, the plaintiff explicitly requested to confirm the invalidity of the Internal Subscription Agreement in accordance with the provisions of Article 2 of the Supreme Peoples Courts Interpretation on Several Questions of Law Applicable to Trial of Disputes over Sale Contracts of Commercial Housing. The defendant disapproved of the plaintiffs complaint, saying that he had a full understanding of the house before buying the house and checked it on the spot. The relationship between the two parties was a real contract for the sale of the house, and he submitted materials such as the Internal Purchase Agreement, payment receipts, leaflets and so on.

In addition, it was found that the houses involved were existing when the two parties signed the Internal Purchase Agreement, but the plaintiff did not provide evidence for completion and acceptance, and the items involved have not yet obtained the certificate of pre-sale license for commercial housing.

The Court considers that the plaintiff and the defendant have no objection to the fact that the Internal Subscription Agreement was signed, and that the agreement should be the expression of the true meaning of both parties. In the court trial, the plaintiff clearly indicated that the standard basis for the plaintiffs request to declare the contract invalid was Article 2 of the Supreme Peoples Courts Interpretation on Several Questions of Law Applicable to the Trial of Disputes over Commercial Housing Sale Contracts, which indicated that the plaintiffs approval and the defendant formed the legal relationship of the commercial housing pre-sale contract. The plaintiff, after selling the house without pre-sale permission and collecting a large sum of money from the defendant, demanded to declare the contract invalid on the ground that he did not obtain pre-sale permission after the price of the house rose sharply, which obviously violated the principle of good faith. His action to bring a lawsuit to the court was an abuse of the right of action and constituted a malicious action. In a lawsuit, according to Article 112 of the Civil Procedure Law of the Peoples Republic of China, the claim for rights shall be negated substantially. To sum up, in accordance with Article 6 of the Contract Law of the Peoples Republic of China and Article 13 of the Civil Procedure Law of the Peoples Republic of China, the judgment is as follows:

Dismissed the plaintiffs claim from Shijiazhuang century Hongji Real Estate Development Co., Ltd.

The case fee is 80 yuan and the half charge is 40 yuan, which is shared by the plaintiff Shijiazhuang Century Hongji Real Estate Development Co., Ltd.

If you do not accept this judgment, you may, within fifteen days from the date of the judgment being served, submit a petition of appeal to the Court and, according to the number of the other party, make a copy of it and appeal to the Shijiazhuang Intermediate Peoples Court of Hebei Province. And within 7 days from the date of the expiration of the appeal period, the appeal fee shall be paid in advance of 80 yuan (payment unit: Shijiazhuang Intermediate Peoples Court of Hebei Province, account number: 62320109058647, Bank of Hebei: Huaxing Branch). If an application is not submitted or submitted for delay, the appeal shall be automatically withdrawn.

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