Huang Xuan and Roy are husband and wife. Wang Yuan died on June 1989+ 1, and Huang Xuan was taken care of by his son Wang Zhi. Wang Zhi and Zhang Jianmin are husband and wife. They have a daughter, Wang Ying. On August 5th, 2005, Beijing Shunyi Municipal Administration Committee, as the demolisher (Party A), and Wang Zhi, as the demolished (Party B), signed the Monetary Compensation Agreement for Residential House Demolition. Agreement: (1) House demolition of Party B 120; (2) There are 4 registered persons and 4 actual residents of Party B, namely: Huang Xuan (head of household), Zhang Jianmin and Wang Ying. The compensation for house demolition is * * * 220,000 yuan, and the demolition subsidy is * * * 272,000 yuan, that is * * * 500,000 yuan.
Wang Zhi used the demolition money to buy a controversial house until 2011212, and died of illness without leaving any will. Later, Huang Xuan, Zhang Jianmin and Wang Ying had disputes over the distribution of inheritance and demolition funds, so they sued Zhang Jianmin and Wang Ying to the court, requesting the court to order: (1) Huang Xuan owns the disputed house in Fengtai District and paid Zhang Jianmin and Wang Ying at a discount; (2) Divide the remaining demolition funds of Beijing 120 House by 80,000 yuan according to law.
During the trial, both the original defendant and the defendant admitted that Zhang Jianmin had received all the demolition funds. Wang Zhi purchased the house of 10 1 with the demolition funds, and registered the house in the name of Wang Zhi on August 12, 2006.
Plaintiff Huang Xuan claimed that 420,000 yuan was spent on buying a house, and the remaining 80,000 was not divided.
Defendant Zhang Jianmin claimed that it cost 250,000 yuan to buy a house, and another 1 10000 yuan was used to pay for house decoration, furniture and household appliances, and all the remaining demolition funds were paid to Huang Xuan. Defendant Huang Xuan denied this.
Test results:
After hearing the case, the court ruled that:
1. The disputed house belongs to Zhang Jianmin and Wang Ying * * *, and Zhang Jianmin and Wang Ying pay 490,000 yuan to Huang Xuan within 7 days from the effective date of this judgment; Huang Xuan assisted Zhang Jianmin and Wang Ying to handle the registration procedures for the change of ownership of the above-mentioned houses within 7 days from the effective date of this judgment;
2. Zhang Jianmin and Wang Ying paid RMB 29,000 to Huang Xuan within 7 days from the effective date of this judgment;
3. Reject Huang Xuan's other claims.
Jin Shuangquan, an expert lawyer of real estate inheritance, commented on the case;
Jin Shuangquan, an expert lawyer on property inheritance disputes, believes that the focus of the dispute between the two parties in this case lies in the property rights and interests that Huang Xuan should obtain in house demolition.
In this case, the litigation object of both parties is the disputed house purchased with the demolition money ofNo. 120 demolished house. At present, Zhang Jianmin and Wang Ying appealed that the house was purchased with the demolition money of House 120 rented by Wang Zhi before his death, and Huang Xuan did not enjoy the share of real estate. In this regard, Jin Shuangquan's explanation is:
First of all, the settlement compensation agreement in this case is the direct basis for dividing the above-mentioned demolition interests. According to the agreement, the actual owner of Room 120 is Huang Xuan. In addition to the demolition compensation, there is also a demolition subsidy in the agreement. Both parties agree that all the demolition funds will be raised by Zhang Jianmin. In the case that Zhang Jianmin and Wang Ying can't prove that Huang Xuan didn't participate in the above funds, Huang Xuan's corresponding rights to the demolition funds can't be ruled out.
Secondly, after purchasing the disputed house with the above money, the house has been registered under the name of Wang Zhi. However, Zhang Jianmin's claim that it paid the balance to Huang Xuan after paying the relevant fees is lack of evidence. That is, the money left after the purchase is actually not divided.
Regarding this part of the amount, according to the statement in the trial, Huang Xuan claimed that the remaining amount after the purchase was 80,000 yuan, while Zhang Jianmin claimed that the purchase and decoration expenses were 360,000 yuan. Therefore, the two parties mentioned correspond, and the unused amount is at least 80,000 yuan.
Considering the share of the property owned by the above-mentioned * * * and its proportion in the divided property, as well as the share inherited by the heirs, according to the principle that the division of the estate should be conducive to the needs of production and life and not damage the utility of the estate, the court ruled that the disputed house was owned by Zhang Jianmin and Wang Ying * * *, and paid Huang Xuan the corresponding discount for the division of the estate. The facts are clear, well-founded in law, and the amount determined is reasonable and appropriate.