14 years ago, the North Sea Port Arthur Lee rural farmers to own four-tile-roofed house price of 15,500 yuan sold to city people Tianmou, but the two sides has not transfer procedures. 14 years later, when the four tile facing demolition, relocation compensation reached 30 million down. Coincidentally, this time Lee accident that the law is to prohibit the purchase of urban residents in the rural village houses. In February this year, Lee Tianmou paper petition to court, asked to confirm the year of selling instruments ineffective, and ultimately has really want the house back.
14 years to sell the house to be demolished
Lee, 61, is a village in the rural village of Port Arthur in the North Sea. Earlier this year, Lee accident that, in the past few households old neighbors have received demolition notice. Lee one asked, almost did not regret Green intestines. It turned out that Lee is also the former house of relocation within the scope of compensation, in accordance with the compensation standards, if this house is Lee, and he can get relocation compensation of about 300,000 yuan. But the fact is, as early as January 1996, Lee would have urban hukou and Tianmou signed the "trading house instruments." The two sides agreed: Lee will be four stone tile (floor area of 81.5 square meters, covers an area of 330.7 square meters) price of 15,500 yuan to sell Tianmou. And that the sale of the instrument is still Lvshunkou district notary office were fair.
Owned regret regret, the house has been sold to people, and also not to come back? Just bad luck when Lee has decided that he and a relative matter Shique chatter from an accident that, according to law, countries prohibit the purchase of urban residents in the rural village house. According to this provision, he signed with Tianmou share of "trading house instrument" should be invalid, chances are he really want to bring the house back. Relatives, then let Lee renewed hope, in February this year, Lee commissioned Liaoning Lawyer Zhang Qiang Tian won the Tianmou sued to Port Arthur District People's Court.
The trial original defendant fierce controversy
The trial, Lee alleged that the house sold Tianmou year after he had repeatedly asked Tianmou transfer procedures, but refused to handle Tianmou. Rural homestead in accordance with the relevant provisions of the management, then, Lee has been unable to re-apply to the homestead. In addition, according to China's ban of urban residents to buy housing in the rural village of law, the court shall confirm the request of both parties, "the sale of housing instruments" invalid, and ordered Tianmou involved four tile will be returned.
Tian party believes that the case with the general rural homestead to sell is not the same type of case. Lee, house sale and purchase agreement signed between the two fields in 1996 are both true intention. Tianmou has contractually agreed to fulfill contractual obligations to deliver 15,500 yuan to buy a house, in line with prevailing laws, regulations and policies, existing laws and regulations that they do not have a retroactive effect. And the sale and purchase agreement notarized legal justice office, proves that they are true, legitimate and effective. Therefore, Lee claims there is no legal basis. Moreover, the two sides of the sale of housing has been fulfilled for 14 years, has exceeded the statute of limitations, the plaintiff sued the reason for the high relocation compensation. Requested the court dismissed the claims of Lee.
14 years later, sold the house to return
Port Arthur District People's Court heard the case that the "forbidden land speculation on the strengthening of the transfer of land management," the State Council promulgated regulations: farmer's house can not be sold to urban residents, city dwellers may not approve the collective farmers occupied land build houses, authorities must not be illegal issuance of construction and purchase of residential real estate license and land use permits. Tianmou as urban residents, according to "Property Law" and the related policies and regulations, can not get involved in housing homestead right to use, can not change the registration of property rights. Original, housing sale and purchase agreement between the defendant and has been notarized, although the actual performance,hogan bimbo, but in violation of the existing national laws, regulations and policies, should be recognized as invalid.
Tianmou said the house sale and purchase agreement signed in 1996 in line with prevailing laws, regulations and policies, but the two sides after the signing of the agreement, failed to timely apply for change of ownership procedures. Today, according to the existing laws, regulations and policies have been unable to change the procedures for property, resulting in the agreement in an invalid state. So Tianmou claims, the court shall not be accepted. Behavior due to the sale of property acquired parties should return to each other. In addition, Lee Tianmou advocates sue the statute of limitations has expired, but the case is based on real claim arising from litigation, does not apply the provisions of the statute of limitations.
Feb. 8, Port Arthur District People's Court of first instance verdict, confirmed the signing of Lee and Tianmou "housing sale instruments" invalid Tianmou will tile four suspects returned to Lee, at the same time, Lee returned to buy a house Tianmou 15,500 yuan. Currently, the field party first instance verdict, has filed an appeal.
Reporter Li Yi