Zheng Yaofen and Xiamen Xinjing Long Jun Real Estate Co., Ltd. Civil Ruling of Second Instance on Commercial Housing Sales Contract Dispute
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Party information
Appellant (defendant in the original trial): Xiamen Xinjing Long Jun Real Estate Co., Ltd.
Legal Representative: Huang Zhensheng, executive director of the company.
Authorized Agent: Chen Baoxi, lawyer of Beijing Guantao (Xiamen) Law Firm.
Authorized Agent: Fang, lawyer of Beijing Guantao (Xiamen) Law Firm.
Appellee (plaintiff in the original trial): * * *, male, born on, and Han nationality.
Authorized Agent: Lin Lihui, lawyer of Fujian Tianyi Law Firm.
Trial process
The appellant Xiamen Xinjing Long Jun Real Estate Co., Ltd. refused to accept the civil judgment of Huli District People's Court of Xiamen (20 16) No.712 of Min 0206 at the beginning of the Republic of China due to a dispute with the appellee over the commercial housing sales contract. Our hospital formed a collegiate bench to hear the case according to law.
Case facts
During the trial in our court, Xiamen Xinjing Long Jun Real Estate Co., Ltd. applied to our court to withdraw its appeal on 20 16120 October on the grounds of reaching an out-of-court settlement with the other party.
Court view
We believe that the request of Xiamen Xinxing Longxian Real Estate Co., Ltd. to withdraw the appeal during the trial of this case does not violate the law, and we allow it. In accordance with the provisions of Articles 13 and 173 of the Civil Procedure Law of People's Republic of China (PRC), the ruling is as follows:
Case results
Xiamen Xinjing Long Jun Real Estate Co., Ltd. was allowed to withdraw its appeal. The judgment of first instance shall take legal effect as of the date of service of this ruling.
50 yuan, the court acceptance fee for the second instance case, will be charged 25 yuan by half, which will be borne by the appellant Xiamen Xinxing Longxian Real Estate Co., Ltd.
This is the final verdict.
Relevant laws and regulations mentioned.
Attached are the legal provisions applicable to this case:
Article 13 of the Civil Procedure Law of People's Republic of China (PRC) shall follow the principle of good faith.
The parties have the right to dispose of their civil rights and litigation rights within the scope prescribed by law.
Article 173 The people's court of second instance shall decide whether to allow the appellant to withdraw his appeal before the people's court of second instance makes a judgment.
Presiding Judge Lin Qiaoling
Examiner ke yanxue
Judge Xu Ying
20 16 years125 October
Acting clerk Peng