A few days ago, the People's Court of Fengxian District of Shanghai ruled that the defendant buyer should pay the remaining house price and interest to the plaintiff and the seller within 10.
2065438+February 2004, Ms. Zhou, who lives in Nanqiao, Fengxian, Shanghai, took a fancy to a house in Guhua New Village through an intermediary company. She is very satisfied with the location, apartment type and orientation of the house, and it is also very convenient to travel. The food market, supermarkets and other infrastructure are readily available. In addition, the seller, Mr. Ji, is honest and a native of Fengxian. The two sides talked very smoothly and immediately signed an intermediary contract, stipulating that the total house price was 1.3 million yuan.
After paying a deposit of 30,000 yuan, Mr. Ji delivered the house key to Ms. Zhou, who received and renovated the disputed house. During the performance, Ms. Zhou paid 400,000 yuan in two installments.
By chance, Ms. Zhou learned from her neighbors that Mr. Ji's son had died of illness. Ms. Zhou's mother pays more attention to Feng Shui, and she is very concerned about it. She thinks that the dead house is a "haunted house", which is too cloudy and easy to get into trouble. As a result, Ms. Zhou's family quickly moved out of the house involved and returned to their old house to live, and prepared to terminate the contract.
At the same time, Mr. Ji came to ask for the remaining house payment, but Ms. Zhou's family was unwilling to pay because the two sides almost fought and alarmed the neighborhood Committee.
Since then, Mr. Ji has repeatedly urged the house payment, and Ms. Zhou refused to pay on the grounds of "haunted house". Mr. Ji has moved out of the house for many years and rented it out for a long time. Although her son Xiaoji lived in his early years, he eventually died in the hospital, and even Xiaoji's hukou was not in the house. In desperation, Mr. Ji took Ms. Zhou to court and asked Ms. Zhou to continue to perform the contract.
During the trial, Ms. Zhou argued that she paid 430,000 yuan for the house and invested 50,000 yuan to decorate the house. However, because Mr. Ji's son once lived here and died early due to illness, the house was a haunted house, which was unlucky for him and his family, and their family no longer lived, so they did not want to continue to perform the contract, and also filed a counterclaim with the court, demanding that Mr. Ji refund the house price and compensate for the losses.
After hearing the case, the court held that according to the general folk custom, houses with abnormal deaths such as "suicide" and "homicide" often think that there are unlucky factors, that is, the so-called "haunted house", and the value of the house itself will depreciate.
In this case, Mr. Ji's son died of illness, which is a normal phenomenon. The house he lives in is not a "haunted house" in the popular sense. On the premise that the disputed house is not a "haunted house", Mr. Ji does not need to undertake more notification obligations. The plaintiff has fulfilled his contractual obligations as agreed, and his claim for the defendant to pay the remaining house price and interest is well-founded. On this basis, the court made the above judgment and rejected all the counterclaims of the defendant.