Case details
On May 29, 2009, a company signed a "Housing Subscription Agreement" with Yang, and Yang spent 290805 yuan to purchase a house of 88.66 square meters.
The "Letter of Agreement" stipulates that the payment method for Yang's purchase of a house is a bank mortgage, and 60,805 yuan (including the deposit) is paid on the day of signing the contract, and the balance of 230,000 yuan is paid by bank mortgage, and the loan information is prepared and handed over to the company within 7 days of signing the formal purchase contract. The company handles the online signing procedures, and within seven days after notifying Yang, Yang must come to sign the "Commercial Housing Pre-sale Contract" and pay the relevant taxes.
On the same day, Yang paid a down payment and taxes totaling 74,055 yuan, and the company issued a receipt. However, the follow-up company did not notify Yang to sign the "Commercial Housing Pre-sale Contract" and apply for a real estate certificate, and Yang did not pay the follow-up payment.
On September 28, 2009, Yang received the decoration key of the house and has lived there ever since.
On May 25, 2020, the district historical legacy project work class issued an announcement to identify the residential building where Yang Mou purchased the house as a historical legacy problem, and notified the relevant entities to handle the registration of the transfer of state-owned land use rights and housing ownership.
On September 15, the District Bureau of the Municipal Planning and Natural Resources Commission issued the Notice on the Treatment Plan for the Registration of Real Estate of Relevant Historical Legacy Projects, and gave corresponding measures.
After the official solution was proposed, the company sued Yang in court, saying that Yang maliciously refused to pay the purchase price, wanted to cancel the "Housing Subscription Agreement" with Yang, and asked Yang to vacate the house and compensate the company for the use of the house of 216,000 yuan.
The company said that it had issued a Notice and a Reminder Notice to Yang on April 19, 2021 and May 19, 2021, respectively. The "Notice" is to the effect that the owner can apply for the real estate property right certificate of the house, and ask Yang to pay the remaining house payment and related taxes and fees in a timely manner before 18:00 on April 30, 2021. The "Reminder Notice" requires Yang to pay all the money before 18:00 on May 31, 2021, and if he fails to pay it on time, it is deemed that he agrees to terminate the "Housing Subscription Agreement" signed by the two parties on the final payment date.
Yang said that he did receive the notice and received a call from the company's employees, but there was no mention of the termination of the contract on the phone, and he had not seen the "Dunning Notice".
The reason why Yang has not paid the remaining housing payment so far is because the company's development procedures are incomplete, and it has not signed a formal house purchase contract with Yang in accordance with the "Housing Subscription Agreement", resulting in Yang's inability to borrow money to pay the remaining balance.
Yang's failure to pay the house payment in accordance with the company's requirements does not constitute a malicious refusal to pay the purchase price, because the content of the notice issued by the company twice is essentially an invitation to change the payment terms of the agreement, and the remaining balance of cash payment is only a unilateral request of the company, and there is no consensus with Yang, and Yang's refusal to pay the house in cash is not a refusal to perform the contractual obligations, let alone a refusal to apply for a real estate certificate.
As for the fact that Mr. Yang has been living in the house, Mr. Yang has lawfully obtained the ownership of the house in accordance with the provisions of the House Subscription Agreement, which is a legal possession of the house and does not have to pay the occupation fee.
Court judgment
Pursuant to Articles 6, 8 and 60 of the Contract Law of the People's Republic of China, Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing [FaShi [2003] No. 7] and Article 1<中华人民共和国民法典>, Paragraph 2 of the Several Provisions of the Supreme People's Court on the Validity of the Application of Time, the judgment is as follows: 1. Yang X shall pay the company a purchase price of 230,000 yuan within 30 days from the effective date of this judgment; Dismissed the Company's other claims.
Sheng Heng lawyer interpretation
Where the agreement on the subscription, ordering, reservation, etc. of commercial housing has the main contents of the contract for the sale and purchase of commercial housing as provided for in Article 16 of the Measures for the Administration of the Sales of Commercial Housing, and the seller has already accepted the purchase price in accordance with the agreement, the agreement shall be deemed to be a contract for the sale and purchase of commercial housing.
Although the company and Yang have not signed a formal pre-sale contract for commercial housing, but according to the provisions of the "Housing Subscription Agreement", the conditions of the house involved, the total price, the payment method, the payment time and other elements can be determined, the company has delivered the house before the agreement is signed, Yang has also paid the down payment, the agreement can be regarded as a contract for the sale and purchase of commercial housing, which is legally binding on both parties, and both parties should fully perform their obligations in accordance with the contract.
Yang's refusal to pay the remaining purchase price is because the company is unable to apply for a property right certificate for the house for its own reasons, which is essentially a kind of performance defense, so Yang's behavior is reasonable.
The company's demand to terminate the contract lacked legal basis, and Yang explicitly refused, so it was difficult to be supported by the court.
The company said that the request to order Yang to pay the remaining 230,000 yuan of house purchase price and corresponding interest and 210,000 yuan of housing occupancy fees is not fully established, because Yang is legally occupying and using the house according to the house sale and purchase contract signed with the company, but also because the "House Subscription Agreement" signed by the two parties is legal and valid, So Yang needs to pay the remaining 230,000 yuan of house purchase price.
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