Plaintiff:
Defendant:
Litigation request:
1. The judgment rejected the original and the defendant? Year? Month? The House Lease Contract signed on,,;
2. Ask the defendant to pay the plaintiff's house rent? Yuan, (since? Year? Month? Day to the date of prosecution) and pay interest (from the expiration of the corresponding rental performance period to the expiration of the performance period specified in the effective judgment of the court, calculated according to the loan interest rate of the People's Bank of China for the same period);
3. Ask the defendant to compensate the plaintiff for the loss, and the amount of the loss shall be calculated with reference to the rent agreed by both parties from the date of prosecution to the time when the defendant vacates the house;
The legal costs of this case shall be borne by the defendant.
Facts and reasons:
Year? Month? On, the plaintiff and the defendant signed a house lease contract, stipulating that the plaintiff would locate it in? The house is rented to the defendant, and the rent is monthly? Yuan, the rent is paid quarterly, and other expenses such as property management fee, water and electricity fee shall be borne by the defendant according to the contract. On the day of signing the contract, both parties counted the items in the rented house, and the plaintiff delivered the house to the defendant for use. But where did the defendant come from? Year? Since September, the rent has not been paid, and the plaintiff has repeatedly failed to collect it. In order to safeguard the legitimate rights and interests of the plaintiff, we hereby file a lawsuit with your hospital, requesting your hospital to make a judgment according to law and support the plaintiff's claim.
I am here to convey
People's court
Shaping people:
Year? Month? sun
Complaints about disputes over house leasing (2)
Plaintiff Pang * * *, male, Han nationality, aged, a student of Hubei Institute of Automobile Technology, lives in the factory affiliated hospital of zhangwan district Dongfeng Motor Company in Shiyan City. Contact telephone number:
Defendant Zhou * * *, female, Han nationality, aged, is the director of * * * * kindergarten and lives in Future Star Kindergarten on the third floor of Jindu, Checheng, opposite Dongyue Market, zhangwan district, Shiyan City. Contact telephone number:
Litigation request:
According to the law, the defendant was ordered to return the plaintiff's equipment damage deposit of RMB yuan and the billboard and blackboard deposit of RMB yuan.
According to the law, the defendant was ordered to bear the litigation costs of this case.
Facts and reasons:
The plaintiff is a senior student of Hubei Automobile Institute. In the summer of 2008, the plaintiff and a classmate of our school took advantage of social practice to hold a remedial class for primary and secondary school culture classes. To this end, the plaintiff rented five classrooms as teaching venues in the Future Star Kindergarten opposite Dongyue Market. During this period, the defendant charged the plaintiff RMB for equipment damage, RMB for billboards, blackboards and utilities, and RMB for one month's rent. Afterwards, the plaintiff negotiated with the defendant to refund the deposit after the lease period ended, but the defendant refused under various excuses.
Therefore, the plaintiff sued the people's court, hoping that the people's court would make a judgment as always and safeguard the legitimate rights and interests of college students according to law!
I am here to convey
Shiyan zhangwan district People's Court
Shaping people:
Complaints about House Lease Disputes (3)
Civil appeal
Appellant: Beijing XXX Industry and Trade Co., Ltd.
Address: No.701,Floor 7, XX Building, No.XX North Street 130, Xicheng District, Beijing.
Legal Representative: Jing XX Position: Chairman of the Board.
Authorized Agent: Su Jie? Lawyer of Beijing Yihang Law Firm
Appellee: Beijing XX Shopping Center Co., Ltd.
Address:No. ×× Waidajie, Xicheng District, Beijing
Legal Representative: Wang Xx Position: Chairman.
The third person in the original trial: Qu Xx, female, born on 1 October 7th, 197 165438, Han nationality, managing director of Beijing XX, living at No.6, Floor 5, XX Park1Building, Chaoyang District, Beijing.
The appellant refused to accept the civil judgment of Beijing Xicheng District People's Court (2008) Chu ZiNo.. Xx, and request to cancel the judgment of first instance, according to the law.
Appeal request:
1. Request the court of second instance to revoke the judgment of first instance according to law, and change the judgment to dismiss the prosecution of the appellee;
2. The appellee was ordered to bear the litigation costs of this case.
Facts and reasons:
The first-instance judgment found that the facts were unclear and the evidence was insufficient.
The disputed house in this case is located on the ground floor of Building 1. Xx Street, Xicheng District, Beijing, with an area of 400 square meters, belongs to Beijing Shangxx Real Estate Management and Development Company (hereinafter referred to as Shangxx Company). On August 4, 2003, Shangxx Company signed an agreement with Beijing Linxx Real Estate Development Co., Ltd. (hereinafter referred to as Linxx Company), stipulating that Linxx Company would obtain the right to use the disputed house for a period of five years. This agreement does not stipulate that Linxx Company has the right to sublease.
When the Appellee and the Appellant signed the lease contract on August 4, 2003, until the lease contract expired on August 4, 2008, the Appellee did not obtain the right to dispose of the site.
The appellee submitted a confirmation letter from Lin XX Company in the trial of the court of first instance, which proved that it had obtained the right of disposition. In fact, however, the confirmation cannot prove that it has obtained the right to dispose of the site for the following reasons:
First of all, according to the agreement signed by Lin XX Company and Shang XX Company on August 4, 2003, Lin XX Company did not obtain the right to sublet the house in the lawsuit. In 2008, in the "House Lease Contract" signed by the two companies, Lin XX Company still has not obtained the right to sublease. According to the contents of the two agreements, the purpose of the contract is that Lin XX Company obtains the lease right of the house in this case and has no right to sublet it;
Secondly, Lin XX Company claims that it is an affiliated company with the appellee. According to the articles of association provided by the appellee, Lin XX Company contributed capital to the appellee instead of the right to use the house and site in this case, so the appellee did not obtain the legal right to use the house and site.
Thirdly, Lin XX Company stated in the confirmation letter that "the leased house will be delivered to the appellee for use". "Use" can be divided into paid use and free use. If it is paid for use, it is subletting. Because Lin XX Company has not obtained the right of subletting, the appellee has no right to dispose of the disputed house. If it is used for free, that is, from August 4, 2003 to August 4, 2008, the income right enjoyed by Lin XX Company is calculated according to the rent agreed in the lease contract signed by the appellant and the appellee, and the appellee gets 1.55 million yuan (3 1.000/ year * 5 =1. According to Article 58 of the General Principles of the Civil Law, the civil legal act of covering up the illegal purpose in legal form is invalid. It should be an invalid civil legal act for Lin XX Company to cover up the illegal purpose of Lin XX Company and the appellee by allowing the appellee to "use" the house in this case for free.
To sum up, the contents of the confirmation letter can't prove that the appellee is a qualified litigant in this case, so the court of first instance held that: "The appellee enjoys the legitimate rights and interests such as the right to use the disputed premises and sublease according to the confirmation letter issued by Beijing Linxx Real Estate Development Co., Ltd., and should be a qualified litigant in this case." Obviously, the facts are unclear and the evidence is insufficient.
According to Article 108 of the Civil Procedure Law, "the plaintiff is a citizen, legal person and other organization that has a direct interest in this case", the appellee in this case does not have the qualification of litigation subject, and requests the court of second instance to revise the judgment after hearing and support the appellant's appeal request.
I am here to convey
Beijing No.1 Intermediate People's Court
Appellant: Beijing XXX Industry and Trade Co., Ltd.