Xinyang Plaza Store in Trust-Mart Sand District of Chongqing was sued for illegal possession.
Article Keywords: Trust-Mart Author: Chongqing Evening News
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Trust-mart supermarket chain Xinyang Plaza has existed for 8 years, but now it is faced with the embarrassing situation that it may be forced to "change the venue"-after the previous landlord sold the store to other owners, the new owner thought that it was unreasonable for the supermarket to pay the rent at the previous low price. Yesterday, 124 of the new owners went to court with the supermarket and were "illegally occupied" by Trust-Mart.
Sell shops and then "rent back after sale"
According to the plaintiff's attorney, before 2004, Chongqing Xinyang Real Estate Development Co., Ltd. leased the shops on the first floor of Xinyang Plaza to Trust-Mart, covering an area of more than 8,000 square meters. From 2004 to 2005, more than 300 owners, including the plaintiff, bought these shops, and Xinyang Company signed a contract with the owners to rent back the sold shops in the form of "sale and leaseback", and the monthly rent was about 100 yuan/square meter. Xinyang Company sublets the house to Trust-Mart.
In 2008, the owner believed that Xinyang Company was unable to pay the rent and took it to court. In July last year, the First Intermediate People's Court decided to terminate the lease contract between the two parties.
The monthly rent of 24 yuan/m2 is not for the owner.
Since Trust-Mart signed a long-term lease with Xinyang Company as early as 200 1, even if the ownership of the store changes, the law stipulates that "the sale does not break the lease", the supermarket can still be rented out within the stipulated lease period.
The plaintiff claimed that according to the contract between Xinyang and Trust-Mart, the monthly rent of the supermarket was only 24 yuan/m2, which the owner thought was "far below the reasonable price".
After negotiation, the supermarket offered 356 yuan per square meter, but the owners were still not satisfied.
Buy and sell without violating the lease.
The lessee's right to use the house is not affected by the transfer of the ownership of the house, and the buyer shall continue to perform the original lease contract. At this time, the effectiveness of the lease right takes precedence over the transfer effectiveness of the buyer and the seller.
Owner: The pavement is subletted to 500 yuan /m2.
124 The owner sued Trust-Mart for "illegally occupying its store" and demanded to pay the occupation fee. Yesterday, the plaintiff presented a recorded evidence in court, which was the owner's "unannounced visit" to the current sublease price of the supermarket facade. According to the store tenants in the recording, they sublet the store from Trust-Mart, and the monthly rental price ranges from 300 yuan to 500 yuan/m2.
Since last August, on the one hand, the new owners refused to accept the rent paid by Trust-Mart; On the other hand, the supermarket is still open as usual and the two sides are deadlocked.
Supermarket: Just pay according to the contract.
The defense lawyer of the supermarket believes that the transaction between the owner and Xinyang Company has nothing to do with the supermarket, and the supermarket only pays the money according to the contract. As for the profit from subletting, it is also in accordance with the "old rules" of previous contracts, with 70% for supermarkets and 30% for owners.
The new owner thinks there are only two solutions: Trust-Mart pays the "illegal occupation fee" and leaves; The two sides will discuss the new rental price.
The two sides failed to reach a mediation, and the court announced the date of sentencing.