WASHINGTON because her daughter to be married to Ms. Sun bought last August, Binjiang District, Hangzhou Jiangnan area a second-hand housing, a total of 2.16 million to pay off, to get three cards later, do not want to come thunderbolt: the house lived lease 20 years of the tenant (the newspaper in 2012 << 1.9 million to buy a house, 20 years to live >> other detailed report.
Six months ago, Hangzhou Binjiang Court of First Instance judgment: the lease is invalid, vacate the house. Ms. Sun and cried, cried into tears ran after the tenant filed an appeal against the house for Ms. Sun, is still as Flower in the Mirror in the water.
Yesterday, the closely watched housing contract dispute, and finally with the finale. Hangzhou Intermediate People’s Court of second instance verdict: dismissed the tenant petition, upheld the conviction. This is the final judgment.
Ms. Sun can finally get a house. Year-long nightmare is over.
Court of Final Appeal dismissed
Judge upheld the lease contract is invalid
More than two months ago, Hangzhou Intermediate People’s Court of second instance court, the landlord and the tenant Ryu staged Pharaoh hot fracas afterwards with reporters said that the first time I heard the sound of the trial so loudly.
Landlord Pharaoh most active, he repeatedly invited the media to pay attention to: the tenant Ryu monthly interest rate of 20% is engaged in loan-sharking. Such behavior has seriously disturbed the financial order and invited the media to expose them, transferred to public security.
And Ms. Sun also means that the center square is the house of the lease contract, are covered in the form of usury, not real meaning of the expression.
‘You kept saying that faith, that Pharaoh borrowings 500,000 owe me rent 400,000 Not yet, What?’ Tenant Ryu also touch burning.
In accordance with the description of Ryu, Ryu loan last March to Pharaoh, sign the lease contract, to get the house keys, call Pharaoh 400,000 rent, May decoration stay in June filed in the property lease contract and pay property charges and utilities. ‘This series shows that the actual lease has occurred, and the contract to buy a house much earlier than their time.’
Focus of the trial is obvious: Ryu handheld this lease contract is valid, whether against Ms. Sun’s sale of housing.
The court held that the lease contract dispute, the two sides signed a contract to explore the true meaning.
Wang said the landlord, the tenant house is Ryu borrowings. Tenant Liu also acknowledged that the beginning of the lease contract signed, is to protect the borrower’s return, while one after the contract modification is obtained in tenant Ryu known to Pharaoh in order to borrow money, to mortgage the house and secretly gave a man named Bao. ‘this process can be seen, both the true meaning of the lease contract does not establish the relationship.’
And Ryu play money to Pharaoh’s 400,000, in the end is a rental or loan, the court also found. Pharaoh said, this is actually 400,000 loan in which the sum of 900,000, which is confirmed Ryu dunning letters for both sides repeatedly borrowing relationship, Ryu no reasonable explanation for the contradictions, there is no further evidence, so determined that 400,000 is not a rental.
As described Ryu, who stay in May decoration, June property record, ‘Do not rule out a mortgage to counter Bao form.’
In summary, the Court held that this lease contract is contrary to the general rule of thumb for life, does not have the substance of the lease contract, so the tenant does not confront Miss Sun Ryu requirements petition to vacate the house, but also the lack of factual basis. Thus ruling , dismissed the appeal and upheld the original verdict.
Buy second-hand housing
We carefully indeed it
In August last year to buy this suite, Ms. Sun’s life was completely shredded. Recall, she said, be careful to buy this house, looked around five or six times, did not even find someone living ah. ‘Old dusty ground high, scattered a few things, but the agency said the landlord was removed to sell them. ‘
Although cautious, but why the house did not deliver it in advance of play money? Key details on this, Ms. Sun has not answer.
Only then ask them to sign an intermediary undertaking, consent submitted before the agency paid the balance due, while Ms. Sun to get three cards is that all the procedures done.
And it is precisely this aspect, leading to big trouble later: Ms. Sun watched three cards arrived, they watched the house fell on a 20-year lease contract.
Of course, the primary cause tricky situation, or a landlord Pharaoh: In order to borrow money, a house two to eat, while from the outset, he deliberately concealed both lease and mortgage the house to do.