Housing ownership confirmation appeal

Legal analysis: civil prosecution mode

Plaintiff: a property company in Chongqing; Address: No.2-1,Building 5, Yuzhong District, Chongqing; Legal Representative: Zhang Moumou. Tel:.

Defendant: Zhang, male, 42 years old, ID number ...; Address: No.6-2, Unit 3, No.55, Lane of a Residential District, Yuzhong District, Chongqing. Tel:.

Litigation request: confirm that the property right of "No.6-2, Unit 3, a residential area lane" in Yuzhong District belongs to the plaintiff (temporarily priced at 580,000 yuan); The litigation costs in this case shall be borne by the defendant.

Facts and reasons:

Defendant Zhang is the relocated household of a residential project of the plaintiff. The defendant Zhang lives in Room 6-2, Unit 3, No.55, Lane, a residential area in Yuzhong District, because the Demolition Office of Chongqing Key Project Construction (hereinafter referred to as "Demolition Office") relocated the relocated households in a residential area of the plaintiff. On February 23rd, 1997+65438, the "Demolition Office" placed the defendant Zhang in Room 6-2, Unit 3, No.55, "A Community Lane".

Defendant Zhang settled the house at No.6-2, Unit 3, No.55, a residential lane in Yuzhong District, and then bought and sold the house. The plaintiff purchased the house in the name of defendant Zhang, and the plaintiff paid all the house price in the name of defendant Zhang. Therefore, the house should belong to the plaintiff.

In the second half of 2005, when the plaintiff and the Demolition Office checked the accounts of the house payment payable by the Demolition Office to the plaintiff, the plaintiff and the Demolition Office also approved the house where the defendant Zhang lived at No.6-2, Unit 3, No.55, a residential area lane as a house bought and sold by the plaintiff and the Demolition Office. However, when the plaintiff asked the demolition office to pay for the house purchase, the demolition office emphasized that it should run the real estate license in the name of the demolition office. At this time, the plaintiff discovered that the house No.6-2, Unit 3, No.55, a residential lane in Yuzhong District, where the defendant Zhang lived, was a rental house, not a property right house.

After the plaintiff explained the situation to the defendant Zhang, the defendant Zhang also agreed to transfer the house to the plaintiff and agreed to handle it by the plaintiff himself.

After that, the plaintiff and the defendant Zhang jointly applied for the house title certificate of "No.6-2, Unit 3, No.55, a residential lane" in Chongqing Real Estate Exchange with all the original documents of his own house purchase (the title certificate number obtained by the plaintiff was1kloc-0/title certificate No.09xx in 2006), and paid the deed tax, transaction tax, stamp duty and other fees paid for the application. Then, the plaintiff put the property right of this house in the plaintiff's name, and then in the name of "demolition office".

However, in the process of transferring the house property right from the defendant Zhang's name to the plaintiff's name, the defendant Zhang suddenly repented. The plaintiff believes that the house was purchased by the plaintiff in the name of defendant Zhang, so the plaintiff enjoys the ownership of the house. Now the two sides can't negotiate. We hereby request the people's court to confirm that the property right of the house located at Room 6-2, Unit 3, No.55, a residential area lane, Yuzhong District belongs to the plaintiff.

I am here to convey

Yuzhong District People's Court of Chongqing Municipality

Specific person: a property company in Chongqing.

date month year

Legal basis: Article 12 1 of the Civil Procedure Law stipulates that the complaint shall include the following contents:

(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;

(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;

(3) the request and the facts and reasons on which it is based;

(4) Evidence and its sources, names and residences of witnesses.