Legal analysis: The following cases about the division of real estate between * * * and * * * can be used for reference. (1) Basic case: Plaintiff Deng Moulan and Defendant Deng Mouling are brothers and sisters, and Defendant Xu is the son of Defendant Deng Mouling. In 2009, the homestead of the original and the defendant's family was expropriated, and Deng Mouling and Xu Mou received compensation of 60,000 yuan. Deng and Xu were placed in a self-built house in a residential area, and Xu obtained a planning permit for construction land. Because the defendant Deng Mouling had no capacity for civil conduct at that time, the defendant Xu Nian was only 17 years old and his family was in financial difficulties. After Xu used the compensation income of 60,000 yuan to build the civil works on the second floor, he had no money to continue the construction. Considering the sister relationship and Xu's inability to continue the construction, the plaintiff Deng Lankao agreed to invest in the construction of the third, fourth and fifth floors of the house and the installation and renovation of the whole house. In August 2009, the house was built and renovated. The plaintiff has always occupied the third, fourth and fifth floors of the house, and the defendant has occupied the first and second floors of the house. At the beginning of 20 15, the plaintiff and defendant Xu had a conflict and reached an agreement through mediation organized by the people's mediation Committee. The amount of the house contributed by Deng Molan (21.13.85 million yuan) is recognized by both parties, and there will be no dispute on this matter. However, the ownership of the house and the share of the original and the defendant could not be confirmed. After defendant Xu changed the lock cylinder of the door lock that entered the house while the plaintiff was out, the plaintiff could not enter or leave the house. There is a dispute between the two sides. The land where the house is located is the resettlement land for state-owned relocated households, and the relevant land and house registration procedures are being handled.
(II) Judgment result: The focus of this case is the ownership of the disputed house. The court ruled that the house belonged to the plaintiff Deng Molan, the defendant Deng Moling and the defendant Xu. The third, fourth and fifth floors of the house are owned by the plaintiff Deng Moulan, the first and second floors are owned by the defendants Deng Mouling and Xu, and the first floor gate, all stairs and roof are owned by the plaintiff Deng Moulan and the defendants Deng Mouling and Xu. Defendant Xu immediately stopped infringing on the plaintiff's traffic and residence, and removed the obstruction. After the verdict was pronounced, the parties did not appeal, and the judgment has taken legal effect.
Legal basis: Article 352 of the Civil Code of People's Republic of China (PRC).
The ownership of the buildings, structures and ancillary facilities built by the right holder of construction land belongs to the right holder of construction land, unless there is evidence to the contrary.
Article 304 of the Civil Code of People's Republic of China (PRC)
* * * Someone can negotiate to determine the division method. If no agreement can be reached, and * * * part of the real estate or movable property can be divided and the value will not be impaired by the division, the real object shall be divided; If it is difficult to divide or the division will damage the value, the price obtained by discount or auction or sale shall be divided. * * * If the real estate or chattel acquired by one person is defective, others shall share the losses.