Plaintiff: name, gender, date of birth, ethnicity, education level, place of origin, workplace, address, ID number, phone number;
Defendant: name, gender, date of birth , nationality, education level, place of origin, work unit, address, ID number, phone number;
Litigation request:
1. Request your court to order the defendant to continue to perform the contract, order The defendant unconditionally delivered the plaintiff's house to complete legal procedures.
2. Request your court to order the defendant to pay the plaintiff RMB ××× yuan ××× yuan ××× yuan ××× yuan × yuan × yuan × yuan × yuan × yuan × yuan × yuan p>
3. The plaintiff requested an increase in the amount of liquidated damages on the grounds that the agreed liquidated damages were lower than the losses caused. It is required to pay compensation to the plaintiff based on xx yuan/month/building square meter, * * * yuan (in capital letters).
Four. Request that your court order the defendant to pay liquidated damages to the plaintiff in RMB The costs, including legal fees, shall be borne by the defendant.
Facts and Reasons
The relationship between the plaintiff and the defendant is a commercial housing sales contract...The defendant's behavior constituted a serious breach of contract and a malicious default in compensation. According to the first paragraph of Article 5 of this contract, "Party A shall pay the paid interest to Party B. The interest shall be calculated based on the bank loan interest rate for the same period from the day after Party A delivers the commercial house as stipulated in this contract to the date of actual delivery of the commercial house.
According to Article 16 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Sales Contract Disputes", if a party requests an increase on the grounds that the agreed liquidated damages are lower than the losses caused, the party shall request an increase according to the The amount of liquidated damages shall be determined for the losses caused by the breach of contract; Article 17 The standard of compensation for losses: If the house is delivered for use overdue, it shall be determined according to the rent standards for similar houses in the same location announced by the relevant competent authorities or assessed by qualified real estate appraisal agencies during the overdue delivery period.
The plaintiff repeatedly requested the defendant to pay interest and liquidated damages as stipulated in the contract, but all reasonable requests were rejected. The defendant deliberately avoided the plaintiff’s inquiries, so the plaintiff had no choice but to take up legal weapons to protect its legitimate rights and interests. In accordance with the relevant provisions of the "Contract Law of the People's Republic of China" and the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Sales Contract Disputes", a lawsuit was filed with your court in June 2003, requesting the People's Court to support it in accordance with the law. .
Evidence and sources of evidence, names and addresses of witnesses
I hereby convey
Xxxx People’s Court
Attachment:
p>1. x copies of this complaint (submitted according to the number of defendants);
2. x copies of evidence
Metaphor: ××××
On x, month, x, year
The indictment shall specify these matters
Article 112 of the Civil Procedure Law The indictment shall specify the following matters:
p>(1) The plaintiff’s name, gender, age, ethnicity, occupation, workplace, residence and contact information, the name and residence of the legal person or other organization, the name, position and contact of the legal representative or principal person in charge Method;
(2) The defendant’s name, gender, work unit, residence and other information, the name, residence and other information of the legal person or other organization;
(3) The request and its contents Facts and reasons based on;
(4) Evidence and its sources, names and addresses of witnesses
The above content is a specific expression on how to write a complaint for a second-hand house sale dispute. In the actual life writing process, you need to clearly express the personal information of the plaintiff and defendant, litigation claims, case facts, reasons for prosecution, and presentation of relevant evidence. If you are confused or confused during the actual operation, you can consult 365 Suining Lawyers. Learn more about related issues