Looking for an excellent lawyer in Beijing to demolish and vacate the house? Best friend case

As a senior real estate lawyer with more than ten years' experience, Jin Shuangquan, a real estate lawyer, has handled a lot of real estate disputes and accumulated a lot of experience in handling real estate cases. Now real estate lawyer Jin Shuangquan has adapted these cases into real estate disputes. If it is similar to the dispute you are experiencing, I hope I can help you. This case is a case of vacating a house. Now I have adapted this case into a case form, hoping to help you. (In order to protect the privacy and safety of the parties, all parties in this article use pseudonyms. 1. Plaintiff Liu and Defendant Li are the sons of Li and Hu Lijing. I married Li on May 23, 201/kloc-0. After the marriage, Li and his wife lived together at No.66, a residential district in Beijing. Room 66 was later incorporated into the urban planning, and Li Zhigao signed a compensation contract for vacating the house, and the plaintiff was one of the demolished people. Li chose a housing area of 45 square meters per capita and got a relocated house of 192 square meters. Plaintiff Li divorced on 20 13. I am the resettled person who signed the compensation contract for vacating the house by Li Gaogao, and the plaintiff should get 25% compensation. The plaintiff should get 25% of the 192 square meter resettlement house obtained by Li Zhigao, and I should get a corresponding discount for the 48 square meter resettlement house. In order to protect my personal interests, I appealed to the court, requesting: 1, and Li Gaogao paid me compensation of 3 1 ten thousand yuan; 2. Li received a discount of 480,000 yuan for the relocated house. If the court finds that the plaintiff has no right to the resettlement house, because the plaintiff is the demolished person, the plaintiff requires Li Gaogao to pay the corresponding compensation. Plaintiffs Li, Hu Lijing and Li argued that the demolished house No.66 was the property of the Li couple, and the compensation was obtained on the basis of the house. Liu's registered permanent residence is not in Room 66, and she does not enjoy the share of this room. As a resettlement population, Liuyuan cake is only an indicator, and resettlement houses are obtained through housing replacement. Because of the choice of resettlement house, Li Zhigao lost other compensation benefits, and Li Zhigao also paid the purchase price of resettlement house. Therefore, the interests of demolition have nothing to do with Liu, and we disagree with his claim. It was found through trial that Hu Lijing and Li were husband and wife and their son. Liu and Li got married on May 23, 20 1 1, and they had no children after marriage. The court's civil judgment ruled that Li and Liu were allowed to divorce. 20 1 1, 1 In February, Li signed the compensation contract for the vacating of residential houses returning to Beijing No.66, and carried out the vacating compensation and resettlement according to the combination of relocated houses and monetary compensation. According to the contract, No.66 was identified as covering an area of 267 square meters, and the original compensation construction area was 300 square meters. Hu Lijing, Li, Li and Liu were placed. The per capita housing area is 45 square meters, and the actual area of relocated houses is 192 square meters; The compensation includes: relocation house100000 yuan, remaining area1590000 yuan, accessories: 200000 yuan, empty courtyard100000 yuan, and moving subsidy: 3840 yuan. 20 1 1 year 1 year in February, Li Zhigao signed a relocation house purchase contract in Beijing, and agreed to purchase a two-bedroom apartment and a three-bedroom apartment in the X plot of the directional resettlement house. Both the original defendant and the defendant recognized that Liu had no right to the vacated House No.66; Now the relocation house has been delivered; Liu lived with the three defendants * * * after vacating the space, and Li Gaogao rented the house and paid the rental fee. Both parties agree to deduct the corresponding expenses from the expenses that Li Gaogao should pay to Liu. When vacating, Liu's household registration was not at No.66 ... According to the provisions of the Measures for Compensation and Resettlement of Houses in a Certain District and the Detailed Rules for the Implementation of Resettlement Measures, vacating personnel must compensate the vacated houses in accordance with relevant regulations and resettle the eligible population. Demolition compensation takes the form of money and relocated houses, and the area compensation of relocated houses consists of partial compensation for purchasing relocated houses and compensation for remaining housing areas. Resettlement housing area is less than the purchase of directional resettlement housing area, directional resettlement housing compensation according to the actual purchase of directional resettlement housing area to compensate the original housing. The remaining housing area is the original housing area-the relocated housing area. If the original housing area is greater than zero, the remaining housing area will be compensated in monetary form. The resettlement standard of directional resettlement houses is calculated according to the population resettlement method, and the resettlement houses are purchased according to 45 square meters per person. During the trial, it was clear that if the court did not recognize the owner of the relocated house in Wei Liu, she accepted the distribution method of monetary compensation for her interests in the demolition. 3. The judgment is as follows: 1. Liu paid Li a subsidy of10.3 million yuan and an economic compensation of170,000 yuan; 2. Reject Liu's other claims. Four. Jin Shuangquan, a senior real estate lawyer, commented on Jin Shuangquan's opinion: According to the ascertained facts, Liu belongs to the resettled person in the compensation contract for vacating the house signed by Li Yougao, and the subsidy is paid according to the number of resettled people. Therefore, the court is requested to confirm that Liu's share of 25% of the money is legally justified. After Teng checked out, both parties lived together and Li rented the house. Both parties agreed to deduct the corresponding share from the payment made by liying to Liu. According to the compensation and resettlement method for vacated houses, the compensation for the area of actually purchased relocated houses is the compensation for the area of original houses when vacated, and different compensation standards are divided only by deducting the area of purchased relocated houses, and there is no * * relationship between Liu and vacated houses, so the claim for dividing this part of compensation is unfounded in law. According to the compensation and resettlement method for vacated houses, the acquisition of demolished houses is based on the ownership of vacated original houses, and the obligee can choose the directional resettlement compensation method by himself. The corresponding area in the original house can only be compensated by the relocated house, but not by full monetary compensation. The resettlement house is purchased according to the resettlement of 45 square meters per person, which is only the calculation standard and basis for determining the relocation area of the vacated people. If the demolished person has no ownership or rights to the original house, it cannot be determined that she has ownership to the demolished house just because she is the demolished person. Now the evidence shows that Liu has no ownership of the original house, so the plaintiff claims that * * * has the right to move back to the house, which is unfounded in law.