The plaintiff Qin Mingrui, male, was born on June 3, 1958 at/kloc-0.
Authorized Agent: Zhang Shuyong, male, aged 35.
Defendant: Linzhou Real Estate Development Company of Zhong Fang Group.
Legal Representative Cai Yanzhou, chairman of the board.
Authorized Agent: Kong Xiangqi, lawyer of Henan Henghui Law Firm.
The plaintiff Qin Mingrui filed a lawsuit with the defendant Linzhou Real Estate Development Company of Zhong Fang Group and the seventh branch of Linzhou Construction Corporation on March 7, 2009. After the court accepted the case, it formed a collegiate bench according to law and held a public hearing on April 28, 2009. The plaintiff and his entrusted agent and the entrusted agent of the defendant Zhong Fang Group Real Estate Development Company attended the lawsuit in court, and the case has now been concluded.
According to the original report, the plaintiff began to buy the defendant's building located at Room 2-2- 1 in Lihu Community, Weihui City in February 2003. After paying the house price, the plaintiff moved into the house. After 2005, the ground of the plaintiff's house began to crack in a small area. Later, it was found that the building collapsed in a large area, and water leakage affected the plaintiff's life. Repeated consultations with the defendant were fruitless. Now the defendant is required to repair the land sold to the plaintiff at No.2-2-1Lihu Community, Daoxi Street, Weihui City, and bear the loss of 30,000 yuan to the plaintiff due to the maintenance.
The defendant verbally argued that the large-scale collapse of the plaintiff's house was inconsistent with the facts, and the plaintiff's claim for compensation of 30,000 yuan was unfounded in fact and law. Please reject the plaintiff's claim according to law.
The evidential materials submitted by the plaintiff to our court are: 1, the house ownership certificate No.04306171issued by Weihui Real Estate Administration; 2. There is a commercial housing quality guarantee; 3. Instructions for the use of commercial housing; 4.8 photos. The above-mentioned 1, 2, and 3 copies of the evidence materials are all copies, and the plaintiff believes that the facts and claims it claims are established accordingly.
The defendant did not submit evidence to the court.
During the trial, the defendant objected to the fourth evidence submitted by the plaintiff, saying that the plaintiff did not apply for inspection of the fact that the photos could not prove that the house was damaged. The defendant has no objection to other materials submitted by the plaintiff.
In view of the objection raised by the defendant, we believe that the photos submitted by the plaintiff can reflect the fact that the plaintiff's building collapsed and do not support the objection raised by the defendant.
After cross-examination in court and based on valid evidence, our hospital confirmed the following facts:
In 2003, the plaintiff paid the down payment to purchase the defendant's residential building located at 2-2- 1 Lihu Community, Daoxi Street, Weihui City. After delivery, plaintiff moved into the building. After 2005, the ground of the plaintiff's building cracked. The defendant issued the Commercial Housing Quality Guarantee and Instruction Manual to the plaintiff, promising to guarantee the quality of the house purchased by the plaintiff from February 25, 2003, and agreed on the place and time limit of the warranty. On March 30, 2009, the plaintiff applied to withdraw the lawsuit against the seventh branch of Linzhou Construction Corporation. The court has ruled that he is allowed to withdraw the charges.
According to the Measures for Quality Warranty of Housing Construction Projects promulgated by the Ministry of Construction of China and the Certificate of Quality of Commercial Housing issued by the defendant to the plaintiff, there is no mandatory provision and agreement: the warranty period of ground subsidence is enlightened. In order to embody the principles of justice, fairness, honesty and credit in civil activities and safeguard the legitimate rights and interests of consumers, the plaintiff now requests the defendant to repair the collapsed ground of the 2-2- 1 household in Lihu Community sold to the plaintiff, which should be supported. The defendant argued that the plaintiff demanded the restoration of Dinan's quality guarantee period which had exceeded 1 year. We believe that according to the Commercial Housing Quality Guarantee issued by the defendant, the term is 1 year, that is, the southern part of the land is hollowed and cracked, and sand is blown in a large area. There is no explanation for the ground crack, so what the defendant said is not accepted. The plaintiff did not provide evidence to prove that the maintenance caused the plaintiff a loss of 30,000 yuan, and the request was not supported. Accordingly, in accordance with the provisions of Article 4, Article 122 and Item 6 of Paragraph 1 of Article 134 of the General Principles of Civil Law of People's Republic of China (PRC), the judgment is as follows:
1. The defendant, Linzhou Real Estate Development Company of Zhong Fang Group, repaired the ground of the plaintiff's house located at 2-2- 1 in Lihu Community of Weihui City within three days after this judgment came into effect.
2. Reject the plaintiff's other claims.
550 yuan, the plaintiff bears 500 yuan, and the defendant bears 50 yuan.
If you refuse to accept this judgment, you can submit an appeal and a copy to our court within 15 days from the date of receiving this judgment, and pay the appeal fee in advance to appeal to the Intermediate People's Court of Xinxiang City, Henan Province.
Li Liyan, presiding judge
Judge song's complex number
Acting Judge He Jinxia
Press release issued on 27 May 2009
Bookkeeper Zhang Tao