Complainant: (Plaintiff in the first instance and Appellant in the second instance) Jin, male, 39 years old, Han nationality, from Zhaoge Village, Lombardi Town, Jiyuan City.
Authorized Agent of the second instance: Zhao, lawyer of Mangshan Law Firm in Zhengzhou.
Appellee: (Defendant of the first instance and Appellee of the second instance) Yuan Shao Town People's Government of Jiyuan City.
Legal Representative: Wang Shengliang, male, 40 years old, mayor of Yuan Shao Town, Jiyuan City.
Authorized Agent: Wang Youfan, male, 56 years old, cadre of Yuan Shao Town, Jiyuan City. Second, the case and handling:
Before liberation, the Jin family had seven people, four caves and three tile houses, and their lives were relatively rich. 1946 After the local liberation, the three tile houses of the Jin family were distributed to two small families, Li Yunheng and Ma Fulu, one and a half each. Because other areas outside that time were still occupied by the enemy, Li and Ma dared not live there. As the house was empty, the Kim family moved in again. 1950 During the land reform in the spring, the Jin family was classified as a middle peasant and got a land certificate. The land certificate says that there are 7 people, 3 houses and 4 holes in the kiln, and the foundation is divided into three pieces. In the winter of the same year, when reviewing the land reform, Jin's father Jin attended the mass anti-rape and anti-hegemony conference held in Nanyao Village. On his way home, he said to Ma Qigong, the leader of the peasant association, "I think you should invite me this time. I live in those three rooms. Is it bad? I don't want those three rooms, forget it with me. " Make room immediately. Since then, the house has been occupied by schools, village offices, small township governments, credit cooperatives and administrative districts for a long time. 1972, the house was damaged, and the Lombardi town government repaired it. Jin's grandfather Jin Fuping (died in 1972) and his father Jin (died in 1979) did not raise any objections. 1986, Yuan Shaozhen sold the house and two other houses to the village committee of Zhaogeta at the price of 1400 yuan. 1986165438+10, Jin asked the town government for a house on the grounds that his father lent it to public houses for occupation during the land reform, and there was a dispute between the two sides. After investigation and handling by the county housing management office, these three disputed houses are still owned by the Yuan Shao Town Government. Jin refused to accept it and filed a lawsuit with the county court on August 1987. After investigation, the peasant association cadres living in the county court believe that the three tile houses given by the plaintiff's father to the Yuan Shao town government after liberation have been used for more than 30 years and have been renovated. His father and grandfather did not raise any objection before his death, and the plaintiff did not stop the renovation of the house, which should be regarded as a breach of contract. Rejected the plaintiff's unreasonable demand for housing, and ruled that the three tile houses disputed by both parties were owned by the town government. Jin refused to accept it and appealed to Jiaozuo Intermediate People's Court. In the second trial, the Jin family had no objection to providing the house for more than 30 years, which should be regarded as giving up and the original judgment was upheld. Jin appealed to the Provincial Higher People's Court. Three. Opinions of the Judicial Committee of our court:
The first opinion:
Maintain the judgments of the first and second instance, and the three houses are owned by the town government. Reason: Jin gave it to Room 1950, which should be regarded as a gift. Despite the historical background at that time, the act of donating houses was positive, not forced. It is legal for the Lombardi Town Government (i.e. the original administrative area) to obtain property rights. The house has been practiced by schools, village offices and administrative areas for 36 years, and has been renovated in the process of practice. When his grandfather and father were alive, they did not raise any objection and should be regarded as giving up. According to the second paragraph of Article 72 of the General Principles of Civil Law, in order to maintain the stability of social order, houses should not be changed.
The second opinion:
This house should belong to the Kim family. If the original does not exist, it can be compensated at a discount. Reason: The "gift" of the Jin family and the failure to ask for the return of the house for decades were involuntary for political reasons, so the "gift" could not be established and the property rights could not be transferred. 1950 article 7 of the land reform law stipulates: "protect the land and other property of middle peasants (including well-off middle peasants) from infringement." The Kim family is a middle peasant, so they can't infringe on the interests of the middle peasants. Jin's "mortgage" is against his will. If this house is returned to the public, it will not conform to the land reform policy at that time. So the house should belong to the Kim family. If the original does not exist, it can be compensated at a discount.
Most comrades of the CRIC tend to hold the second opinion. If not, please indicate.