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"I bought the house, ownership certificates Pingsha write the name of someone else?" Wafangdian a man in a district of the Golden State purchase a house, but has failed to apply for certificates of title, the original house has been Sellers who do their own under the name of the other person angry man to court.
Recently, the case of a retrial verdict has been issued. Reporter survey found that buying the building of multi-family residents involved in "a room two sell" question, some houses have even been "three to sell."
Others actually write their own room name
"You said, when this house was justifiably be my ah?" Wafangdian Zang helpless farmers and reporters said. January 2004, live frugally Zang spend 140,000 yuan, a district of the Golden State bought a set of more than 70 square meters of housing from Xingmou hands. Although the house was no water and electricity pass, but eager to live in a new house Zang get the key, or the renovation of the house and soon after occupancy.
Live in the house, but did not sign Xingmou Zang and real estate sales contracts, "lived not worry ah!" Mr. Yu Shizang numerous experiences of finding Xingmou requirements contract, the same year in March,giubbotti moncler donna, with Zang found Xingmou Dalian a Industrial Co., Ltd., the company signed a commercial contract for the sale and Zang, the contract clearly says: January 16,http://mdxfz.com/home.php?mod=space&uid=573, 2004 by way of a one-time payment of Zang, paid the full amount of the housing.
Then, the delay for Zang Xingmou handle housing ownership certificates,moncler ufficiale, after several rounds of negotiations, July 24, 2006, Mr. Xiang Zang Xingmou Industrial Co.,moncler yoox, Ltd. issued a legal representative of Dalian completed certain, an engineering office in Dalian Houmou legal representative, as well as special payment receipt Xingmou house sales staff Zhang handwritten signature.
When Zang took the real estate sales contracts and special payment receipt, request for Dalian Industrial Co., Ltd. issued a formal sale and purchase of real estate receivables invoices to apply for certificates of title when the company was actually rejected. Zang after an investigation found that the sale of real estate to his ownership certificates Xingmou name actually has done, and is Xingmou handle the mortgage. The Zang angry a paper petition Industrial Co., Ltd. and Dalian Xingmou court.
At this point, a focus on "a room two sell" real estate contract dispute lawsuit case started, the lawsuit is a fight for nearly two years.
Cases of first instance verdict was revoked
When the first instance, although Zang argue, but because he provided evidence that the two copies and was a Industries Limited and Dalian Xingmou of denied,stock moncler, Zang and took the absence of any other valid evidence, the Court of First Instance After a collegial, Zang's judgment dismissed the claims. After the first verdict issued, Zang re-commissioned agents believe the main reason for losing the first instance is insufficient evidence, therefore,http://image.letuijian.com/forum.php?mod=viewthread&tid=2431090, before the second trial they conducted an extensive survey and evidence gathering.
The second instance, Zang mastered a lot of valid evidence: First Xingmou not unemployed, but not an ordinary buyer, he is actually a partnership with Dalian Industrial Co., Ltd., and Xingmou or builders and sellers of One. Xingmou Under the agreement signed with its partner,moncler sito, the partnership involved in housing is Xingmou income investments.
Second, the resulting partnership has involved Xingmou houses sold to the Zang, a real estate sale by Dalian Industrial Co., Ltd. and Zang signed,http://ruzhouren.net/forum.php?mod=viewthread&tid=584,moncler everest, as well as the company's legal representative at Dalian,vendita piumini moncler, an engineering and sales staff housing Xingmou written evidence on the private collection of autographs and other receipts as evidence sufficient to prove the lawful owner of Zang is involved in housing.
In addition, under certain Industrial Co., Ltd. Dalian knowingly involved Xingmou their houses have been sold to one partner Zang, and has already delivered living situation, they signed a contract for the sale of real estate and Xingmou. Therefore, the real estate sales contracts signed between the company and Xingmou simply not true representation of the meaning of the two sides, is in malicious collusion, from the time of the signing of the contract does not have the force of law, although the registration of the contract by the real estate agency for the record, and also apply for a title certificate shall be void.
In late November 2008, the Dalian Intermediate People's Court issued a ruling to revoke the decision of the first instance court, remand.
"He bought his own" house
It is understood that the macro meaning garden for five associates and other investments Xingmou built, because of five people do not have the real estate development qualification, for which they select the "affiliated" with the development of qualifications in certain Industrial Co., Ltd. Dalian name. Subsequently, five people on the ownership of houses were built segmentation, which Xingmou investment and development is on the 28th,moncler in offerta, No. 39 two buildings, Zang buy homes, only Xingmou has sold foreign rights. Five people are entitled to their share of houses for sale, all sales of property of their own,moncler uomo outlet, with the development of a qualified Industrial Co., Ltd. Dalian charged 100 yuan management fee per square meter construction area.
Five people share the need to rely on sales of housing complexes to Dalian Industrial Co., Ltd. is able to complete a specific form of expression as the first defendant and the house buyer signed a contract for the sale of real estate, real estate sales for houses invoices issued by the buyer.
Third trial Jinzhou District People's Court held that a Dalian Industrial Co., Ltd. will be the same at the house were sold Xingmou, Zang's behavior, are "a room two to sell." The company signed a contract for the sale of real estate with the Inter Xingmou and Xingmou accordingly involved in housing ownership certificates will do to their own name acts belong malicious collusion against the interests of Zang's, they signed a contract for the sale of real estate should be invalid .
Housing for all involved Xingmou, Zang although Dalian Industrial Co., Ltd. signed a contract for the sale of real estate, but the real subject of rights sales house for Xingmou. According to records provided by the dedicated payment receipt Zang and real estate sales contracts to prove that the plaintiff has delivered a mortgage, get involved in their legal department of housing.
Xingmou based on certain real estate sales contracts he and Dalian Industrial Co., Ltd. signed a Dalian and purchase invoices issued its Industrial Co., involved in housing production permit will do to their own name equivalent to "buy their own" house, Therefore,moncler lans, the sale of commercial behavior between the two sides are not both true meaning of that, in the case of both houses have been sold to knowingly involved Zang, you can presume the existence of a malicious collusion between certain Xingmou Industrial Co., Ltd. and Dalian, their behavior violated the Zang Mr. legitimate rights and interests,http://www.ycdtm.cn/home.php?mod=space&uid=62669, and should be invalid. After the verdict was given, Zang and Xingmou have pleaded not currently have an appeal.
A house was hit by "three sell"
"That involves building a house two sell not just my family, I know there fifty-six." Zang said. Contact reporter was removed on the currently live in the building, Mr. Wang, Mr. Wang in December 2003 Check this house, though lived for nearly six years, but the house without any decoration,modelli moncler 2013, "the lawsuit did not end, dare decoration ah ! "Wang said," Our house can not be called a room two to sell,http://www.dabinhai.cn/forum.php?mod=viewthread&tid=29214&extra=,outlet moncler italia, it should be called a house three to sell. "
October 2003, Mr. Wang to pay a million deposit, ordered from Xingmou at this house,http://www.bjjxzx.com.cn/home.php?mod=space&uid=200170, two days after the two sides agreed to pay the rest of the housing fund. Then Wang found that the house did not pass water and electricity,spaccio aziendale moncler, do not have admission requirements. So he found Xingmou requirements departure, "he does not agree, and said we can first stay, utilities use temporary,moncler usa, do not worry to pay back the principal,moncler sito ufficiale outlet, until with check conditions, pay formalities." Wang reluctantly agrees.
Check Shortly after, by chance,moncler 2013, Mr. Wang learned that the building has actually been mortgaged the house to the bank. Worried that their house is mortgaged, Mr. Yu Shiwang asked a friend to the bank to check, and found them in this house as early as September 2003 on behalf of the mortgage to the bank to others. "We went to pay utility bills, play or someone else's name on all documents." Wang says angrily.
Found that the house was mortgaged, Wang found Xingmou, "he said this has nothing to do with us, and said that the house you lived in as well as what is not assured, and so he also finished bank loans, the two parties formalities." Wang said "We live more than two months after it was temporarily stopped hydropower." helpless,moncler jacken, the couple had to move elsewhere to live, constantly looking Xingmou reminders during procedures, but the other dragged.
By the end of 2004, the house was finally pass on the water and electricity, Wang moved back to live. Day of March 2006, a woman found Wang family, "they said they bought this house." Both parties to a dispute,moncler outlet bologna, after a period of time,moncler junior, Wang learned that this house has been sold Xingmou to the others, the other in May 2006 also handled a title certificate. In the same year in October, the other will go to court,http://www.83host.com/forum.php?mod=viewthread&tid=3290197, Mr. Wang. After hearing the case,negozio moncler torino, Mr. Wang lost the first trial, then appealed. Currently, the City Intermediate People's Court has remanded.
"I will certainly fight the lawsuit in the end, they it is a violation of my legal rights, he (Zang) hear about things, and we are the first thing Shashi Hou ah!" Wang said helplessly.
In addition to Wang, Ms. repair also encountered "a room two selling", early in 2004, bought a house repair lady from Xingmou hands of the agreement at the end of the formalities. May 2004, a woman suddenly came home repair lady and took Xingmou signed purchase contracts and invoices, asked her Tengfang. At this point, Ms. repair did not know she lived in the house was sold again. So she found Xingmou to say, then she was transposed to another house. After her numerous experiences of finding Xingmou formalities, the other one dragged. "December 2007, I was Xingmou hit the hospital, after coordination by the public security organs,http://www.ichedao.com/home.php?mod=space&uid=45329, Xingmou me go through the room card." Repair Ms Tsang said in court.
Yesterday, the reporter's phone call Xingmou, but has no answer.
Reporter Tong Leung