Judgment format:
Part I: Civil judgment or criminal judgment, plaintiff and defendant, cause of action.
The second part is the facts and reasons, focusing on the plaintiff's facts and claims, the defendant's defense and reasons, and the court's investigation and determination of the facts.
3. Judgment.
Finally, the time limit for appeal shall be stated and signed by the judge of this court.
Example:
Futian District People's Court, Shenzhen City, Guangdong Province
paper of civil judgment
(2004) No.496, Minsan, Shenfa.
Plaintiff Gong Muxian, male, 1960, born on August 22nd, Han nationality, lives in Changjingge, 23rd Xinzhou Road, Futian District, Shenzhen.
Authorized Agent: Yang Xiaowu, lawyer of Guangdong Guanghe Law Firm.
Authorized Agent: Wang Hongyun, male, born on June 6, 1979, 10, Han nationality, with the registered address of ID card at No.31West Xianning Road, beilin district, Shaanxi Province, and the ID card number of 610/231977.
Defendant Shenzhen Great Wall Real Estate (Group) Co., Ltd. is located in the podium of Changxing Building, Huaqiang North Road, Futian District, Shenzhen.
Legal Representative: Simon Ma, board chairman.
The plaintiff Gong Muxian v. Shenzhen Great Wall Real Estate (Group) Co., Ltd. was put on file in our hospital on February 6, 2004. Judge Huang Hansheng was the sole judge in accordance with the law, and the trial was held in public on March 8, 2004. The plaintiff entrusted Yang Xiaowu, the agent, to attend the proceedings in court. The defendant refused to participate in the proceedings without justifiable reasons after being legally summoned by our court. Our hospital tried the case in absentia according to law. The case has now been closed.
The plaintiff sued that on February 9, 1999+65438+65438, the plaintiff and the defendant signed the "Shenzhen Real Estate Sales Contract" (pre-sale), stipulating that the defendant sold the 23D Changjing Pavilion on Xinzhou Road, Futian District, Shenzhen to the plaintiff, with a total house price of 625078 yuan and a house area of 94.64 square meters. Article 14 of the contract stipulates that the defendant shall, within 150 days after receiving the Certificate of Real Estate Completion Acceptance, notify the plaintiff in writing to apply to the Shenzhen Real Estate Rights Registration Authority for real estate transfer registration. Article 16 of the contract stipulates that if the plaintiff fails to obtain the real estate license within the statutory time limit due to the defendant's fault, the defendant will pay the plaintiff the rent according to the guiding rent standard stipulated by the municipal housing leasing department from the 180th day after the defendant obtains the real estate completion acceptance certificate to the date when the municipal property registration authority issues the real estate license. After the contract was signed, the plaintiff paid the house price as agreed, and the defendant also delivered the property. However, after receiving the Certificate of Completion and Acceptance of Shenzhen Construction Project from Changjingge on May 2, 2000, the defendant still failed to apply for the real estate license under the plaintiff's name, and should pay the plaintiff the liquidated damages as agreed in the contract, so he requested the defendant to pay the plaintiff the liquidated damages for overdue registration from February 4, 2002 to February 3, 2003.
The defendant did not submit a written defense to our court and was absent during the court session.
The plaintiff provided the following evidence (all copies) to our court within the proof period: Shenzhen Real Estate Sales Contract (Pre-sale), Building Mortgage Loan Contract, Two-year Interest-free Deferred Payment Contract, Down Payment Receipt and Completion Acceptance Certificate.
We believe that the Shenzhen Real Estate Sales Contract (Pre-sale) signed by the plaintiff and the defendant is the true intention of both parties, and the subject is applicable, which does not violate the mandatory provisions of laws and administrative regulations. This is a valid contract, and both parties should perform it completely honestly. The plaintiff paid off all the purchase price as agreed in the contract, but the defendant failed to fulfill the obligation of notifying the plaintiff in writing to apply for real estate transfer registration with the municipal property rights registration authority within the time agreed in the contract, and failed to apply for the real estate certificate under the plaintiff's name within the time agreed in the contract. The plaintiff sued the defendant to pay the liquidated damages for the delay from February 14, 2002 to the date when the property right registration authority issued the property right certificate under the plaintiff's name, which was in line with the contract agreement between the two parties and was supported by our court. If the defendant refuses to appear in court to participate in the proceedings without justifiable reasons after being legally summoned by our court, it shall be deemed as giving up the right to appeal. We confirm the facts and claims of the plaintiff. This contract was signed in March 2004 in accordance with Articles 128 and 130 of the Civil Procedure Law of People's Republic of China (PRC), Paragraph 1 of Article 44, Paragraph 1 of Article 60 and Paragraph 1 of Article 114 of the Contract Law of People's Republic of China (PRC), and Item (1) of Article 18 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Contract Disputes. 40366.8888886866 16
1. The Shenzhen Real Estate Sales Contract (Pre-sale) signed by the plaintiff Gong Muxian and the defendant Shenzhen Great Wall Real Estate (Group) Co., Ltd. on June 5438+09991February 9 19 is valid;
2. Defendant Shenzhen Great Wall Real Estate (Group) Co., Ltd. shall pay the liquidated damages (calculated with a construction area of 94.64 square meters, calculated and paid according to the guiding rent standard of high-rise residential buildings in the same period, in which the guiding rent was 28 yuan per square meter per month in 2002 and 22 yuan per square meter per month in 2003) for overdue handling the real estate license from February 14, 2002 to the date of issuing the real estate license. After 2004, the guidance rent shall be paid to the plaintiff Gong Muxian according to the standard of 22 yuan per square meter per month, and shall be paid within 10 days from the effective date of this judgment. In case of overdue, according to the provisions of Article 232 of the Civil Procedure Law of People's Republic of China (PRC), the interest on the debt during the delayed performance period shall be doubled, and the plaintiff may apply to our court for compulsory execution within one year from the last day of the performance period determined in this judgment.
The acceptance fee of this case is 2094 yuan, which shall be borne by the defendant (the acceptance fee has been paid by the plaintiff, and the defendant directly pays it to the plaintiff).
This judgment has been pronounced in court and served on the parties present. If you refuse to accept this judgment, you should 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 opposing parties, and appeal to the Intermediate People's Court of Shenzhen City, Guangdong Province, and you should pay an appeal acceptance fee in advance to our court within seven days from the date of submission of the appeal (the amount is the same as that of the first-instance case determined in this judgment). Fails to pay, according to the automatic withdrawal of the complaint.
Judge Huang Hansheng.
March 2004 18
Bookkeeper Han Wenwen