Civil complaint about house relocation 1
Plaintiff: xxx, female, of X nationality, born on 19xx, and living in Building X, xx Courtyard, xx Road, xx District, xx City.
Telephone xxxxxxxxxxx
Defendant: xxx, male, of X nationality, born on 19xx, and living in Building X, xx Courtyard, xx Road, xx District, xx City.
Telephone xxxxxxxxxxx
Litigation request:
1. ordered the defendant to immediately stop the infringement and return the plaintiff's house and house key located in Unit X, Building X, Yard X, xx District, xx City;
2. Adjudicate the defendant to compensate the plaintiff for economic losses of xx yuan;
The litigation costs in this case shall be borne by the defendant.
Facts and reasons:
The relationship between plaintiff and defendant is xx.
The plaintiff obtained the house located in Unit X, Building X, Courtyard X, xx District, xx City (with an area of X square meters) through legal channels, and obtained the ownership certificate of the house (Property Ownership CertificateNo.: X-F.Q.ZiNo. X) in xx years.
Since xx, the defendant has been illegally occupying the house and renting it to others.
Later, the plaintiff repeatedly asked the defendant to stop the infringement, but the defendant ignored it and still occupied the house.
Therefore, the plaintiff has no choice but to appeal to the court to safeguard his rights and interests.
To sum up, the defendant's behavior has violated the legitimate rights and interests of the plaintiff and caused great economic losses to the plaintiff.
According to the relevant provisions of the Property Law of People's Republic of China (PRC) and the provisions of Article 108 of the Civil Procedure Law of People's Republic of China (PRC), the plaintiff hereby files a lawsuit and requests your court to make a public judgment according to law.
I am here to convey
Xx District People's Court of xx City
Shaping people:
date month year
Vacancy of civil appeal court 2
Plaintiff: Li xx, male, Han nationality, born on 19xx.
Address: No. No. X, Northwest Lake Lane, xx District, Wuhan.
Tel:1361865xxxxx.
Defendant Wang, male, Han nationality, was born on 197x.
Address: No.0/02, Block A, Yiqingyuan Complex Building, xx District, Wuhan.
Tel: 1597204xxxx.
Third person: Chen xx, male, Han nationality, born on 19xx.
Address: No.X, Building X, xxxx Road, Jiang 'an District, Wuhan.
Tel: 1354588xxxx.
Litigation request:
1. The defendant was ordered to make room for the plaintiff.
2. Order the defendant to pay the plaintiff the use fee (calculated at X yuan per day) from X months to the actual date of vacating.
The defendant was sentenced to bear the legal costs of this case.
Facts and reasons:
The plaintiff legally obtained the ownership of the house located in Room X, Block A, xx Complex Building, Jianghan District, Wuhan from a third party in 20xx, and the house lease contract signed by the defendant and the third party expired in 20xx.
After obtaining the ownership of the house, the plaintiff repeatedly told the defendant that the house lease contract would not be renewed after its expiration. As of 20xx, the defendant had not vacated the house, and the plaintiff once again asked the defendant to vacate the house within two months, that is, 20xx years ago.
But up to now, the defendant has not fulfilled the obligation to vacate the house to the plaintiff.
In order to protect the legitimate rights and interests of the plaintiff, according to the relevant provisions of Chinese laws, we are in your hospital, so please make a judgment according to your requirements.
I am here to convey
People's Court of xx District of Wuhan Municipality
Shaping people:
20xx year x month x day
Vacancy of civil appeal room 3
The plaintiff of the original trial, Yang Xiaodong, was male, born in July 1973, and was of Han nationality.
Authorized Agent: Shi Jun, lawyer of Jilin Changling Law Firm.
Defendant Sun Yurong in the original trial, female, born in May of 196 1, Han nationality.
Authorized Agent: Zhou, male, born on March 20th, 20 10, 1960, Han nationality.
Defendant of the original trial, Li Chengzhu (husband of Sun Yurong), male,/kloc-0, born on September 3, 963, Han nationality.
The third person in the original trial, Xiao Bing, was female,1born on May 22nd, 979, and was of Han nationality.
On June 29th, 2008, Yang Xiaodong, Sun Yurong and Li Chengzhu, the plaintiff in the original trial, made a civil judgment (2007) Chang Min Zai Zi No.8, which has taken legal effect.
On June 4, 2008, 165438+65438, Songyuan Intermediate People's Court made a civil ruling (2008) No.31,instructing Changling County People's Court to retry.
In accordance with the law, our court separately formed a collegial panel to hear the case in public. The plaintiff in the original trial and its entrusted agent Shi Jun, the defendant, the entrusted agent Zhou and the third party appeared in court to respond to the lawsuit, but the defendant in the original trial refused to appear in court after being legally summoned.
The case has now been closed.
The effective judgment of the original trial confirmed that19971February 30, 1997, Taipingchuan Supply and Marketing Building used its business building, street-facing tile house and other properties as collateral to obtain loans from Changling County Branch of Agricultural Bank of China (hereinafter referred to as Changling County Branch).
In May 2000, Taipingchuan Supply and Marketing Building signed a house lease contract with defendant Li Chengzhu.
The contract stipulates that the lease term is 20 years and the rent is 65,000 yuan, and it is agreed that in case of major national policy adjustment, it will be handled according to the national policy. If the supply and marketing building fails to complete the contract service life, the bank loan interest rate shall be implemented according to the remaining service life, and the remaining rent and rent interest shall be returned to the defendant? .
On April 18, 2002, Changling County Sub-branch and Taipingchuan Supply and Marketing Building reached an agreement to pay debts with assets. Article 5 of this agreement stipulates that Taipingchuan Supply and Marketing Building guarantees to deliver the mortgaged assets after the signing of this agreement.
All matters left over before the delivery of loan assets (including asset leasing) shall be handled by Taipingchuan Supply and Marketing Building.
This does not affect the possession and use of assets by Changling County Sub-branch.
On August 16, 2002, Changling County Sub-branch went through the formalities of property right transfer.
On June 2, 2004, KLOC-0, Changling County Sub-branch entrusted Changchun Chengxin Auction Co., Ltd. to auction Taipingchuan Supply and Marketing Building and other properties, and the plaintiffs' wives Zhang Lili and Zhang Libo participated in the bidding.
Zhang Lili obtained the property rights of the first to fourth floors on the west side of the building, with a width of 9. 1 1 m and a total area of 649.43m2..
The defendant's leased area was acquired in Zhang Lili. On July 4th, 2004, the property right of the house was registered in the name of Zhang Lili's husband Yang Xiaodong.
Now, the two defendants rented the house where they lived to a third person, Xiao Bing.
Sun Yurong, the defendant in the original trial, did not provide the lease contract between her husband Li Chengzhu and Taipingchuan Supply and Marketing Building, which led to the omission of the parties in the original trial, so Li Chengzhu was added as the defendant in the retrial.
The effective judgment of the original trial found that Taipingchuan Supply and Marketing Building mortgaged its assets to Changling County Sub-branch before signing the house lease contract with defendant Li Chengzhu, and signed an agreement with Changling County Sub-branch to pay off debts with assets.
According to the agreement, Taipingchuan Supply and Marketing Building is responsible for handling the consequences of asset leasing before the delivery of mortgaged assets.
At the same time, defendant Li Chengzhu signed a housing contract with Taipingchuan Supply and Marketing Building, stipulating that in case of major national policy adjustment, Taipingchuan Supply and Marketing Building would refund the remaining years' rent and interest to defendant Li Chengzhu.
After Yang Xiaodong's wife Zhang Lili obtained the ownership of the disputed house through legal channels, the house belonged to the plaintiff's personal property and was legal and valid.
2. If the defendant has no legal basis to occupy the house again, he shall vacate the house and give it to the plaintiff for use.
Upon retrial, it was found that 1997+65438, on February 30th, Taipingchuan Supply and Marketing Building borrowed money from Changling County Sub-branch with its buildings and other properties as collateral, and went through the registration formalities in Taipingchuan Housing Management Office.
In May, 2000, Taipingchuan Supply and Marketing Building signed a house lease contract with the defendant, and rented the west gate house of the supply and marketing building to the defendant for 20 years at a rent of 65,000 yuan.
It is also agreed that if the service life of the supply and marketing cooperative building is not full, the bank loan interest rate will be implemented according to the remaining years, and the remaining rent and interest will be returned to the defendant.
The defendant sublet the house to a third person, Xiao Bing.
On April 18, 2002, Changling County Sub-branch reached an agreement with Taipingchuan Supply and Marketing Building to pay off debts with assets, and Taipingchuan Supply and Marketing Building paid off loans with its buildings and other properties and corresponding land use rights.
Agreement in Article 5 of this Agreement: Taipingchuan Supply and Marketing Building guarantees that the mortgaged assets will be delivered immediately after the signing of this Agreement. All remaining matters (including asset leasing) are handled by Taipingchuan Supply and Marketing Building.
This does not affect the possession and use of assets by Changling County Sub-branch? .
On August 16, 2002, Changling County Sub-branch went through the formalities of property right transfer.
On June 2, 2004, KLOC-0, Changling County Sub-branch entrusted Changchun Chengxin Auction Co., Ltd. to auction the original Taipingchuan Supply and Marketing Building and other properties, and the plaintiff's wife Zhang Lili participated in the bidding.
Zhang Lili has obtained the property right of the building with a width of 9. 1 1 m and a total area of 649.43 square meters.
The defendant's leased area was acquired in Zhang Lili. On July 4th, 2004, the property right of the house was registered in the name of Zhang Lili's husband Yang Xiaodong.
We believe that Taipingchuan Supply and Marketing Building mortgaged its assets to Changling County Sub-branch before signing the house lease contract with defendant Li Chengzhu, and went through the mortgage registration procedures, and then signed an agreement with Changling County Sub-branch to pay off debts with assets.
So Taipingchuan Supply and Marketing Building signed a contract with Li Chengzhu? Housing lease contract? It is not binding on Changling County Sub-branch.
Zhang Lili, the wife of Yang Xiaodong, the plaintiff in the original trial, obtained the ownership of the house through legal procedures, and the lease contract was not binding on the plaintiff in the original trial.
Our court supports the plaintiff's original claim.
The third party, Xiao Bing, demanded the defendant to return the rent and compensate for the losses.
According to the second paragraph of Article 75 of the General Principles of the Civil Law of People's Republic of China (PRC) and the first paragraph of Article 66 of the Interpretation of the Supreme People's Court on Several Issues, the judgment is as follows:
Defendants Sun Yurong and Li Chengzhu in the original trial immediately vacated the disputed house.
280 yuan, the case acceptance fee, shall be borne by the defendant.
If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties, and appeal to the Intermediate People's Court of Songyuan City, Jilin Province.
Presiding judge Lu Hui
Judge Jiang Yujie
Qu Bo, Acting Judge
March 25th, xxxx
Bookkeeper Wang Xue