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Buy a mansion for decoration. How do you say a boy jumps out?
Last year, 27-year-old Miss Chen spent 8.5 million yuan to buy a second-hand house in Hangzhou, Zhejiang.
However, when she was fully prepared to enter the venue for renovation, she found that there was a tenant boy born after 80! What's going on here?
After 80 boys:
I am a tenant with a lease of ten years!
2065438+March 2007, I took a fancy to a townhouse in Kun and Xixili, Xihu District, with an area of 260 square meters and 8.5 million yuan. When looking at the house, Miss Chen found that it was a rough house, no one used it, no one lived in it, and nothing was left. When confirming with the landlord Liang, Liang also said so.
After signing the transfer contract, Miss Chen paid the landlord a down payment of 4 million yuan. In the contract, both parties clearly confirmed once again that the house has no lease.
In August of that year, Miss Chen paid the final payment of 4.5 million yuan, but Liang was also cheerful and quickly cooperated with the transfer procedures.
Miss Chen was relieved when she got the real estate registration certificate. In mid-August, the two parties officially handed over the house. At this point, Miss Chen looked at the house, but there was nothing unusual.
At the end of the month, Miss Chen plans to start decorating this house with joy. However, a phone call from her father suddenly shocked her.
Dad Chen said that when he went to the community to prepare for renovation that day, he found that his daughter's house was actually broken into and locked! Not only that, but also a group of workers are decorating the house!
Strange, where did these people come from? Only when Chen's father asked did he know that these workers were hired by a young man named Fan. Who is Fan? Dad Chen immediately called the police.
After the police arrived, they also called Fan. On the phone, Fan claimed that he was the tenant of this house for 10 years.
Rent10100000?
The original landlord: "he is in a hurry for money, he takes advantage of others!" " "
According to Fan, "At the beginning, Liang gave me this rent for ten years, and the rent was/kloc-0.00 million yuan. I have paid a deposit of 200,000 yuan plus 70,000 yuan for two years."
When Miss Chen heard the news of her father, she was completely shocked: The house has been handed over, how can there be tenants coming out? Miss Chen was so anxious that she quickly called to ask the original landlord Liang what was going on.
At this time, Liang told the story. Liang said that this Fan was his creditor. Liang and Fan had many private loans, and the lease contract for this house was signed only to guarantee the loan.
The lease contract signed by Fan was 2065438+ 1 year, which was indeed earlier than the time when Miss Chen bought this house.
Then, the sale does not break the lease, is it applicable to Miss Chen's house? If applicable, won't miss Chen have to wait another ten years to have her own house?
Liang said that the lease contract was signed in July 20 17. "At that time, I was in a hurry for money. He took advantage of people's danger to let me sign the lease contract, so I would fight for money. Payment date is empty.
"I was cheated by him and sold the house without telling me."
The "tenant" refused to vacate and insisted that it was legal.
Although Miss Chen has called the police, Fan still refuses to vacate the house, insisting that she rented it legally.
Later, Fan pretended to be the owner, sneaked into the community again and entered the house to continue the decoration. Inform Miss Chen immediately after finding the property. Miss Chen Can can only solve this big trouble by suing.
After the case went to Gongshu Court, Fan produced a series of evidences to try to prove the legality of his leasing behavior. Fan also said that he and Liang had some loans, but the lease contract signed was true. "I'm going to use it to open an employee company. Now because of the dispute, it has seriously affected the establishment plan of our company. "
Fan said that the contract was signed on 20 17 1, not in July of that year. "I always wanted to enter the venue for renovation, but because the original landlord Liang owed a lot of property fees and refused to pay, the property refused to let me enter the venue for renovation, so I kept dragging it."
During the trial, Liang insisted that the contract was a fake lease and a real loan. Fan always retorted that Liang was the one who lied. "I was cheated by him. He sold the house without telling me. " Fan even thinks that this is the collusion between Liang and the buyer, Miss Chen, which made him a tenant.
Court:
The lease contract is invalid, and the landlord and tenant lose money together.
In July this year, Gongshu Court found through trial that the disputed lease contract was signed in June, 20 17 and 1 year, not in July, which was not the true intention of both parties, but only the guarantee for both parties to borrow money.
Among them, an important consideration identified by the court is that Fan claimed to rent the house, but it was vacant until the house was transferred, and Fan suddenly entered the decoration, which is obviously unreasonable.
Since the lease contract is invalid, there is no such thing as an unbreakable lease. The court's first-instance judgment supported Miss Chen's request, demanding that Fan and Liang each compensate Miss Chen for her professional loss of 1.5 million yuan.
Collecting evidence, prosecuting and judging ... After nearly a year, fortunately, Miss Chen managed to get the house back.
Source: Baijiahao
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