(In order to protect the privacy of the parties, all parties in this article use pseudonyms. )
First, the original defendant's appeal
Li Dapu, the plaintiff, claimed that on April 24, 20 1 1, I signed a demolition agreement and contract with Longfei Company, stipulating that 1, Longfei Company sold me a house in Diaosi Community, and the purchase price was deducted from the compensation for demolition as the total purchase price; 2. Longfei Company promises to deliver the relocated house within three years. If it is not delivered within the time limit, it will pay a monthly turnover fee of 2500 yuan for the house I rented. If it is not delivered for more than one year, we will buy a set of commercial housing in the same lot and area, and compensate 20% of the total house price as liquidated damages. After the agreement was signed, we immediately vacated the original house. Three years have passed, but Longfei Company has not delivered the house to us, nor has it paid the turnover fee for renting the house. I have asked the company many times, but all failed. In order to safeguard the legitimate rights and interests of individuals, I hereby appeal to the court, requesting: 1. The defendant Longfei Company delivered a set of buildings to me; 2. The defendant Longfei Company paid me a penalty of 80,000 yuan; 3. The defendant, Longfei Company, paid a turnover fee of RMB 60,000.00 Yuan for our rented house; The legal costs shall be borne by the defendant Longfei Company.
Defendant Longfei Company argued that: Defendant Company agreed to part of plaintiff Li Dapu's claims; However, regarding Li Dapu's claim for payment of liquidated damages, the defendant company thinks that the amount he wants is too high, and Li Dapu's claim for payment of liquidated damages also overlaps with his claim for payment of housing turnover fee. Longfei Company has informed Li Dapu to take over the house, because Li Dapu failed to take over the house within the time limit, so our company only agreed to the turnover fee of the rental house and did not agree to pay the liquidated damages of 80,000 yuan.
Second, the trial found that
Plaintiff Li Dapu has a bungalow at No.56 .. 20 1 1 On April 24th, 2008, Li Dapu signed a demolition agreement with the defendant Longfei Company as the demolished person. According to the agreement, Longfei Company should pay the compensation fee of * * * 4 1.6 million yuan for the demolition of No.56 house due to the construction of Diaosi Community Project. Li Dapu promised to hand over Room 56 to Longfei Company. On the same day, Li Dapu (Party B) signed a contract with Longfei Company (Party A), stipulating: "1. Party A sells Party B a one-bedroom commercial house located in Diaosi Community. According to the actual delivery of housing area, and the agreed difference is within 5%, it is calculated according to the sales price of commercial housing. The purchase price is paid from the relocation compensation paid by Longfei Company to Li Dapu. 2. Longfei Company promises to deliver the relocated house within three years. If it is not delivered within the time limit, it will pay a monthly turnover fee of 2500 yuan for the house I rented. If it is not delivered for more than one year, we will buy a set of commercial housing in the same lot and area, and compensate 20% of the total house price as liquidated damages. 3. After the building in Diaosi Community is completed, Party B will give priority to the purchase before the property is opened. Li Dapu retired and delivered the house on the day the contract was signed. Both parties * * * confirm that the demolition fee of RMB 416,000 agreed in the demolition agreement has been included in the purchase price. Houfeilong Company organized Li Dapu to confirm the house selection. 2065438+August 2005, the Diaosi community project developed and constructed by Longfei Company was completed and accepted for the record. However, Longfei Company has not delivered the resettlement house to Li Dapu.
3. The verdict is as follows:
1. Defendant Beijing Tongzhou Real Estate Development Co., Ltd. delivered the houseNo. 1 to plaintiff Li Dapu;
2. Defendant Beijing Tongzhou Real Estate Development Co., Ltd. compensated plaintiff Li Dapu for liquidated damages;
The defendant Beijing Tongzhou Real Estate Development Co., Ltd. paid the turnover fee to the plaintiff Li Dapu.
Four. Comment on Senior Real Estate Lawyer Jin Shuangquan
Jin Shuangquan, a senior real estate lawyer, believes that a legally established contract is legally binding on the parties. In this case, the demolition agreement and contract signed by Li Dapu, the plaintiff, and Longfei Company, the defendant, are the expression of the true meaning of both parties and do not violate the mandatory provisions of laws and regulations. As an effective contract, both parties should fulfill their obligations according to the contract. Li Dapu delivered the demolished houses to Longfei Company on schedule as agreed in the contract, and now Longfei Company is required to deliver the resettlement houses and pay the turnover fee as agreed. The reasons are justified, the evidence is sufficient, and the law is well founded. There is no evidence to prove that Longfei Company requires to pay the turnover fee until the day when it receives the notice of repossession, which is legally unfounded.
As for Li Dapu's claim that Longfei Company should pay 20% of the house purchase price as liquidated damages, according to the contract, if Longfei Company fails to provide the relocated house within three years, Longfei Company should pay Li Dapu a monthly turnover fee; If the resettlement house has not been provided to Li Dapu within four years, Li Dapu should buy a set of commercial housing in the same location and area, and compensate Li Dapu for 20% of the total house price. It has been five years since both parties signed the contract and Li Dapu checked out, but Longfei Company has not delivered the house. Therefore, Li Dapu's appeal is well-founded and well-founded in law. With regard to the defense that Longfei Company's liquidated damages are too high and partially overlap with the turnover fee, when signing the contract, Longfei Company and Li Dapu agreed that Longfei Company should pay the turnover fee of the leased house at the rate of 2,000 Wu Bai dollars per month if it fails to deliver the house within three years as agreed in the contract, and 20% of the house price should be paid as liquidated damages if it fails to deliver the house within four years. It can be seen that within the agreed time, not paying the house for four years and paying a penalty of 20% of the house price is an aggravating clause and a punishment for not paying the house after the time limit. Under this circumstance, Longfei Company still failed to fulfill its obligation to hand over the house, which led to Li Dapu's lack of fixed housing for five years. Therefore, Longfei Company argued that the liquidated damages were too high and there was duplication, and then asked for adjustment, which had no factual and legal basis.