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Who owns the income from the residential parking lot?
Residential parking spaces determine the income attribution according to the following conditions:
1. If the developer does not clearly stipulate the ownership of the parking space in the community in the contract, it generally belongs to the owner. Therefore, the income generated also belongs to all owners;
2. If there is a clear agreement that belongs to the developer, then the income belongs to the developer.
Mainstream referee's point of view: the ownership of civil air defense underground parking spaces belongs to developers. The main reasons are:
1. According to Article 142 of the Property Law, underground parking spaces for civil air defense are structures or ancillary facilities invested and built by developers, who enjoy the ownership. The relevant provisions of the Civil Air Defense Law on the use of civil air defense projects are not special provisions of ownership, and there are no conflicts and contradictions with the provisions of the Property Law;
2. According to the second paragraph of Article 74 of the Property Law and Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over Differentiated Ownership of Buildings, the underground parking spaces with independent structures and uses belong to the exclusive part of the developers and not to the owners.
3. Civil air defense underground parking spaces are not included in the building pool and do not belong to the owners.
Legal basis:
Article 275 of the Civil Code
In the building division, the ownership of planned parking spaces and garages shall be agreed by the parties through sale, gift or lease. Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.
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