In view of the frequent outstanding problems in the real estate field, which have become the main source of contradictions between letters and visits, we call for: on the one hand, consumers should protect their rights according to law, on the other hand, as the competent government supervision department, they should actively carry out special governance. On the other hand, and most importantly, relevant departments should enact laws as soon as possible to protect the interests of property buyers. If the purchased house is mortgaged by the developer, the law should consider it invalid.
Under the background of profound changes in economic system, interest pattern and values, social contradictions can be resolved through good policies and the rule of law, so that every problem can make the public feel fair and just. In the field of real estate, protecting the legitimate rights and interests of buyers is to maintain the integrity and fair order of the market, which is part of the rule of law in China. This should be implemented in action and reflected in the effectiveness of work.
Reporter from China Housing News, reporting from Beijing and Tangshan.
Wang Xiaofei never imagined that he, a former guest of attraction, would now take the developer to court.
10 On June 4th, Wang Xiaofei, CEO of South Beauty Group, wrote in his Weibo that 10 bought a building of more than 8,000 square meters in Tangshan, but the developer Tangshan Chengtou Real Estate Co., Ltd. (hereinafter referred to as "Tangshan Chengtou") refused to apply for the real estate license for various reasons. Later, I learned that the developer mortgaged this land property and sought his own loan.
In Wang Xiaofei's view, "it is equivalent to buying a house, and the developer will not give you a certificate, but also take your property as a mortgage."
At present, Wang Xiaofei filed a lawsuit and won the case in the first instance. According to the data, the relevant second trial was conducted in the Higher People's Court of Hebei Province. The parties are South Beauty Co., Ltd. (hereinafter referred to as "South Beauty") and Tangshan Chengtou, and the case number is (202 1) Jiminzhong No.502.
The reporter learned through the enterprise search APP that Tangshan City Investment was established in February 2009, and Tangshan Urban Construction Investment Co., Ltd. holds 100%. Tangshan City Construction Investment Co., Ltd. was established by Tangshan Municipal Government. At the end of 2008, the Tangshan Municipal Government registered the company with a registered capital of 65.438+86 billion yuan. As of June 2009, the company has total assets of 20.68 billion yuan and net assets of 7.46 billion yuan, and is one of the state-owned capital operating institutions in Tangshan.
65438+ 10 65438+May, Wang Xiaofei said in an interview with China Real Estate News through his assistant, "Tangshan City Investment not only kept it from us, but also did not inform the bank that made the mortgage loan. This is actually a fraud. In this regard, we have to resort to law. "
Regarding Wang Xiaofei's public accusation, the reporter contacted a relevant person in charge of Tangshan City Investment Co., Ltd., and the other party said that the leader made a statement and did not respond to this matter.
Hit it off in Tangshan.
This property in dispute between South Beauty and Tangshan City Investment is located in Nanhu Leisure Food Plaza, Dananhu Scenic Area, Tangshan. Nanhu Leisure Food Plaza is one of the key projects in Tangshan in 2009.
"South Beauty chose to settle in Tangshan that year and was moved by the sincerity of the Tangshan Municipal Government to attract investment." A person in charge of South Beauty, surnamed Lu, who has long-term communication with Tangshan City Investment Company, told the reporter that the leaders of Tangshan Municipal Government and City Investment Company visited Ms. Zhang Lan, the chairman of our company, and invited South Beauty to settle in Nanhu Leisure Food Plaza, which described the bright future of the project and said that they would give some corresponding preferential policies.
20 1 1 On September 25th, 2008, South Beauty and Tangshan Chengtou formally signed the Commercial House Purchase and Sales Contract and the supplementary agreement to purchase the commercial house D4- 1-D4 in Nanhu Food Plaza.
According to the contract, the indoor construction area of the property is more than 8,000 square meters, with a total value of more than 70 million yuan.
"At that time, South Beauty opened 50-60 stores across the country, all of which were rented in the core business district. This property in Tangshan is the only home in South Beauty. " The person in charge of the above-mentioned surname Lu told the reporter that if South Beauty, like the blueprint originally described, stimulates local consumption and solves employment, the local government will also provide some preferential policies for South Beauty, which is a win-win situation.
20 12 1, South Beauty held a grand opening ceremony in Tangshan Nanhu Leisure Food Plaza.
At that time, the Standing Committee of Tangshan Municipal Committee, executive deputy mayor, former Standing Committee of Tangshan Municipal Committee, former Secretary of the Political and Legal Committee, deputy director of the Standing Committee of Tangshan Municipal People's Congress and vice chairman of Tangshan CPPCC and other leaders attended the ceremony, and together with Zhang Lan and Wang Xiaofei, they cut the ribbon for the South Lake Store of South Beauty Tangshan.
In addition to South Beauty, since the opening of 20 10, there are old-fashioned catering brands such as Quanjude, Donglaishun and Hongyan Restaurant.
However, Tangshan locals said that the location of Nanhu Leisure Food Plaza is not superior, and the business conditions of commercial projects are average.
10 unlicensed real estate dispute.
The development of things is far from smooth as expected.
"After the opening, we repeatedly urged Tangshan City to handle the real estate license for us, but the other party has been shirking for various reasons." The person in charge of the surname Lu said that Tangshan City Investment Co., Ltd. began to say that it would be handled together with other properties, and later said that it would wait for the local housing authority to issue a new policy. We are not familiar with the local policies and markets, and we didn't do any further investigation out of trust in the background of Tangshan City Investment.
The real estate license has been delayed, and there are also problems in the operation of South Beauty Tangshan Branch.
According to the judgment (2020) No.302 in the early Republic of China in 2002, South Beauty claims that "since it opened in early 20 12, due to the great influence of market environment and policies, it has encountered serious difficulties in operation and lacked liquidity, and the operating conditions of its branches have been bad."
In the judgment, South Beauty also believed that the crisis could have been overcome by financing methods such as mortgage of the houses involved, but because Tangshan City Investment Co., Ltd. mortgaged some land use rights including the houses involved on 20 13, South Beauty never knew about it, and Tangshan Branch was finally forced to close down, which seriously affected the normal operation of the company.
"Due to poor operating conditions, Tangshan Branch closed a few years ago, but property fees have been paid." The person in charge of the surname Lu said that from the end of 20 19 to the beginning of 2020, Tangshan City Investment Company still did not solve the problem of real estate license, so we went to Tangshan Administrative Service Center to find out the situation ourselves. As a result, the staff told us that "there is something wrong with this property and it has been mortgaged", and we suddenly realized that we have been kept in the dark for so many years.
On July 29th, 2020, South Beauty sent a "Reminder Letter" to Tangshan City Investment Company, asking Tangshan City Investment Company to give a clear answer on the time for handling the real estate ownership certificate before August 4th, 2020. As of August 3, Tangshan City Investment did not reply.
On August 4th of the same year, South Beauty Company issued the Circular Letter on Dissolving the Agreement and Returning the House Payment, requesting Tangshan City Investment to dissolve the house purchase contract and return the house purchase payment.
165438+102, Tangshan City Investment Company sued South Beauty Company, requesting the court to confirm that the Notice on Dissolving the Agreement and Returning the House Price was invalid. 165438+1October16, the people's court of lunan district, Tangshan made a civil ruling (2020) No.2171at the beginning of the Republic of China, ruling that the lawsuit of the city investment company would not be accepted.
165438+1On October 27th, the case of South Beauty suing Tangshan Chengtou was opened.
The focus of controversy in court
In April this year, the Intermediate People's Court of Tangshan City, Hebei Province confirmed in the first instance that the Commodity House Sales Contract signed by South Beauty and Tangshan City Investment and its supplementary agreement were dissolved on August 14, 2020. According to this, the relevant judgment was made, and Tangshan City Investment was required to return the purchase price of South Beauty and compensate the land use tax, property tax and late payment fee.
Since then, Tangshan City Investment has filed an appeal.
According to the data, the relevant second trial was conducted in the Higher People's Court of Hebei Province. The final verdict is still unknown.
According to the evidence confirmed by the first-instance judgment of Tangshan Intermediate People's Court, the property has been mortgaged three times since 20 13 years, including two banks and a financial institution.
The staff of South Beauty said, "South Beauty is unaware of these situations. Until 2020, South Beauty sued the city investment company, and the property was still in a mortgage state. "
Although Tangshan City Investment argues that the mortgage list of Nanhu Leisure Food Plaza project mortgaged to the bank does not include the houses involved in this case.
In this regard, the staff of South Beauty said it was difficult to understand, "Why do developers have the right to mortgage properties that have been sold many times?"
With questions, the reporter contacted a relevant person in charge of Tangshan City Investment, and the other party said that the leaders did not respond to this matter.
The reporter interviewed Zheng Qi, a lawyer of Beijing Hanhua Law Firm, on the issue that developers can still mortgage their houses after they sell them. Zheng Qi told the reporter that although the buyers have signed the purchase contract with the developers for the record, but the real estate rights registration certificate has not yet been processed, so the right subject who owns the house and the corresponding land use right is still the developer. Before the real estate rights registration, the buyers only have the creditor's rights of the purchased real estate, not the property rights. So developers can mortgage.
When will frequent "housing-based" rights protection stop?
Some people in the legal profession told reporters that, generally speaking, the first instance won the case and the second instance was overturned, unless the main factual evidence of the first instance was overturned.
The relevant person in charge of South Beauty told the reporter, "Wang Xiaofei voiced through Weibo this time, hoping that this matter can attract social attention and the government can help us solve the problem as soon as possible."
The reporter noted that under the Weibo of Wang Xiaofei's real estate rights protection, many netizens left a message saying that they also encountered the problem that the shops and houses they bought were mortgaged and it was difficult to obtain the real estate license. Some netizens lamented: "Celebrities have to defend their rights through Weibo when they encounter such housing disputes, and it is even harder for us ordinary people."
In reality, it is not uncommon to run a real estate license after buying a house, and there are also many "celebrities".
Last September, Jackie Chan's two luxury houses in Dongcheng District were auctioned. The reporter of China Real Estate News combed and found that the reason behind Jackie Chan's "selling the house" was that he didn't apply for the real estate license at 13 after buying the house, and the developer was applied for compulsory execution because of debts.
In June of the same year 165438+ 10, Tibetan singer Alan shouted in Weibo that he had not obtained a real estate license for four years for a certain property he bought on October/6.
"As an ordinary person, it is more difficult to defend rights without the influence of' celebrities'. Because there is a long time difference between buying a house and handling a house, it is difficult for buyers to get enough information. After buying a house, they can only passively wait for the developer to inform them to apply for the real estate license. They can't understand the information that developers mortgaged houses and land during this period. They were happy to buy a new house, but they bought a' blind box', which is not conducive to the construction of a credible society. "
Zheng Qi believes that relevant departments should enact laws as soon as possible to protect the interests of property buyers. For example, if a property buyer is mortgaged by a developer after buying a house, the law should consider the mortgage invalid. The advantage of this is that it not only protects property buyers, but also urges banks and creditors to be more cautious about developers' mortgage loans and avoid the losses of banks and creditors.
He suggested that the state build a transparent platform for new house property rights, so that buyers can get more comprehensive property information and see the property rights of the houses they buy in time. I also hope that the state can apply for real estate license immediately after promoting the purchase of new houses, fundamentally put an end to the problem of developers secretly mortgaging, protect property buyers to the greatest extent, and maintain integrity and fairness.