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December 11,http://www.thedesertmoonreview.com, Fengtai Changxindian to fit in, "permanent" Xing Zhi offspring about liberation "big" family house scene. The reporter Pu peak photo
WASHINGTON believed Construction Committee issued real estate license to the infringement of its own rights, 8 people to court Beijing Municipal Construction Committee. Fengtai's Court, Municipal Construction Committee issued real estate license compliance, dismissed the prosecution; and the Beijing Second Intermediate People's Court of second instance commuted Recently,http://www.tradersshop.com, verdict revoked, and the revocation Construction Committee have issued real estate license.
Warrant holders 1951 annual report Construction Committee
, who charged that the entire property is located in Fengtai District Xindian to close in on the 1st of father Zhuoyun all summer.
After the summer Zhuoyun died in February this year et al notary to handle inheritance, property was found to be registered in the name of Xing Zhi December 2004, by the Beijing Municipal Construction Committee issued a house ownership. After that, turn Xing Zhi Xing Yaming houses part of the property donated to his son, he was living Construction and Xing Zhi and Xing Yaming handled property rights registration.
submitted a "1951 Beijing Municipal Government issued the land property all the evidence" to the court, used to prove the summer home is a co-owner in Court No. 1, Xingjia is staying. and others that live in the Construction Committee of Xingjia issued real estate license, belong unclear facts, insufficient evidence, neglect of review requires the revocation of Xingjia Construction Committee issued real estate license.
Homeowners from "big" to "permanent"
It is reported that the liberation of the summer home is a large house, then Changxindian to be called together in the summer courtyard.
Xing Zhi's parents is the summer home of the long-term employment, as the summer home of fetching water, vegetables, janitor living room of the house in summer.
Xingjia person, on the eve of the liberation, the summer home of the lodge and part of the yard behind the gift Xingjia, allowing it to self-built houses to live. For over 60 years, has been repeatedly approved by the Government Xingjia renovation of houses, three generations of seven people live here.
Beijing Municipal Construction Committee, said in reply to Xingjia housing ownership certificates issued based on fact. Since 1975, Xingjia previous building was approved by the government, documents submission is complete, clear source of housing property. The real estate gift to change the registration Xing Zhi son, living Construction due to reduced area and do not exist and Sun stakes, called for the repeal of the registration act has no legal basis.
Opposite a second trial
For this case, the Fengtai court verdict, Xing Jiashen please apply for housing ownership transfer of registration, submitted documents are complete, living Construction done to review obligations., who called for the repeal Xingjia housing ownership certificates, failed to provide sufficient evidence that the house is really related to the summer Zhuoyun heritage, not Xingjia all, it dismissed et al.
After the first trial, the summer home of appeal.
Recently, the Beijing Second Intermediate People's Court commuted, that the evidence submitted by the Construction Committee does not have the probative force of the housing property sources. Xingjia property registration application submission, stated "Unified Registration" does not belong to a statutory type of registration. Municipal Construction Committee issued the original house property certificate applicable laws and regulations are not clear, involved in housing ownership is unclear, the source of the information is not complete ownership case, the behavior of all warrants issued to Xingjia, the lack of factual and legal basis.
Fengtai Court of First Instance upheld the revocation decision, while the revocation Construction Committee to Xingjia issued real estate license.
■ response
Municipal Construction Committee, said real estate license issued by legitimate
Fengtai District Construction Committee, Beijing Municipal Construction Committee staff Liu Zhenqing is one of the agents. Get the final decision, he was a bit helpless, does not recognize the court called "information is not complete, lack of factual basis presented housing ownership certificates."
Liu Zhenqing said some real estate, inter alia, the procedure may have non-standard place, "This is because China due to special historical circumstances, but we have tried reviewed." Municipal Construction Committee believes Xingjia all the houses were built by the government for approval The materials are complete and can prove the source of clear property rights, real estate license is issued compliance.
In this case, the summer family believes that "unified registration" is not a legal type of registration, causing Construction Committee in 2004 issued real estate license to Xingjia lack of legal basis.
Trial, Municipal Construction Committee, said many houses of the causes, heritage complex, "unified registration,http://tucchy.sakura.ne.jp/c/epad2/epad.cgi?mode=view&no=3049&res=1&page=0," saying only a file classification based on the historical situation municipal government conducted house, Beijing has a lot of old house was the property of the "unified registration" category, and independent of the type of application for registration of real estate license.
Xingjia also suggested that although the application for a real estate license is written, "unified registration," but the Construction Committee in accordance with the "initial registration" requirements for certification of his registration.
In this regard, Peking University Law School, Peking University Constitutional and Administrative Law Research Center, Shen Kui said that if only the application form will be "initial registration" fill in a "unified registration," when filling small flaws,http://www.weekly-net.co.jp, does not constitute a administrative act as illegal, are not sufficient as a reason for the court to revoke housing ownership certificates.
Fengtai District Construction Committee staff said, after a second trial, Xia Xing neither contacted the two living Construction Committee.
■ Interrupted
Two brick mud house to 11
Changxindian to fit inside the old residents said the liberation summer home here have a lot of real estate, then known as summer courtyard. "Land Property Ownership Certificate", including the 1st hospital four mud house, on the 3rd hospital Shiban Fang 16, the 5th hospital to offer summer 1951 four soil room.
It is reported that during the socialist transformation, the summer home of the majority of the property was nationalized, now built into hundreds of houses, of which eight reimbursement summer home, the rest of the lease by the government, referred to as "through rent" (referring to the city Some of the private property, the mid-1950s by the government unified management lease, the socialist transformation).
Property dispute in this case - to fit in Court No. 1,nike air max pas cher, the size of a total of 11 brick and concrete house, three generations now living Xingjia seven people. Fengtai District Construction Committee staff said,http://www.iri.pref.niigata.jp, Court No. 1 is not turned over to government administration, has been renovated by the Xingjia themselves.
"Awarded" to the self-built brick houses of clay
Sentenced to revoke certificates of title, Xingjia old burst into tears.
Xingjia old memories, 1938, employed Xingjia summer home work. By Xia consent, Xing family lived in two adobe compound porter.
Eve of the liberation,http://tsubame-jnr.bglb.jp, forced the then revolutionary form, summer Zhuoyun will give two houses with Xingjia.
In 1951, it built two Xingjia mud house. Since then a number of departments by neighborhood, changxindianzhen, Fengtai District, and other licenses, many times turn expansion. Summer family lived next to never raised any objection.
Controversial "gift agreement"
The trial, Xia Qingyan Xingjia come up with a handwritten evidence, which reads: "Father Xia Xing Jiafu women Zhuoyun think janitor dutifully years, and his honest, to help them solve their problems, so in the liberation of their living houses and courtyards (a combination in the 1st House) Xingjia gift of property, any of its Chaigai expansion in the residence completely independent. "
In this regard,nike mercurial, he explained to the judge, then called Xing Zhi easy maintenance, asked her to write a gift certificate. Xia Qingyan nephew Xia Zhiyuan claimed Xing Zhi gave him 500 dollars, let him go to Xia Qingyan out to prove.
This, Xingjia not recognized, called "summer home there is no evidence."
Today, the Xing family is very confused,http://panda-school.com, a generations have lived here for decades,tiffany bracciale, "the summer home of black and white gave us two mud house, how now can go back to? Every building have been government instructions,http://211.86.128.2/gjjl/Review.asp?NewsID=595, which have We can not prove that the house is my house? "
It is reported that, in a house close to the imminent demolition,louboutin milano, Court No. 1 in the range.
■ controversy
Who owns the house property in the end?
Trial, Construction Committee for the qualification of the summer home of the prosecution raised the question that real estate registration Xingjia no "legal interest" and summer home, summer home plaintiff does not have the qualifications, have no right to sue.
Xia submitted to the Court, "in 1951 the Beijing Municipal Government issued the land property all the evidence" to prove the summer home is a co-owner in Court No. 1, Court No. 1 is the summer home of loaned Xing lives.
Expert: rights should follow the "objects" disappear
Peking University Law School, Peking University Research Center of Constitutional and Administrative Law Professor Shen Kui said that the Constitution of urban land nationalization, the summer home is no longer the land ownership. Summer home of mud house on the land in the early liberation has naturally collapsed, so according to the 1951 annual Warrants Right "thing" has disappeared, it lost the corresponding rights.
Shen Kui believe that parents in the summer not to exercise the rights of homeowners to manage and repair the house, in fact, recognized the property owned Xingjia all, even if the gift does not exist, according to the material submitted Xingjia and Construction Committee, has several built Xingjia room, have been relevant government departments for approval, it houses built of property shall be vested in Xingjia Xingjiashe.
In this regard, one of the plaintiffs, said the lawsuit thing for the inconvenience to say.
Lawyer: or cited more "by renting" lawsuit
Xingjia attorney said, in reality, a lot of "by the renters' original owner, are holding the Beijing Municipal Government in 1951 issued the" Beijing Land Property Ownership Certificate ", many people take it pursuant to consult a lawyer reclaim their ancestral home. Most lawyers believe that this involves the problem of socialist transformation, it is not the prosecution, the court generally does not accept such cases. If according to the judgment of the plaintiff in this case the eligibility criteria,louboutin pas cher, these are by the original owner can sue renters, it will no doubt trigger a series of legal issues and social problems.
Edition written / reporter Zhu Yan |
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發表於 2015-7-5 14:24:57
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