12 years ago, Liu Changmeihua, a woman from Kaijiang, Sichuan, bought the "1-21 store of Building E of Qinghe Plaza" in Kaijiang County for 70,000 yuan, and later obtained its real estate registration certificate. In 2022, the owner of Building E in Qinghe Square Community needs to occupy the store area due to the installation of elevators, which leads to a "property rights dispute" between the two sides that has been entangled for more than ten years.
Liu Changmei's real estate registration certificate shows that the store covers an area of 16.49 square meters. The Red Star News reporter visited the scene and found that the store is located in the space below the stairs on the ground floor of a commercial and residential building in Qinghe Square, and there is a corridor next to it to go up to the second floor. The store has 7 floors, with 3 floors above ground for commercial and 4th to 7th floors for housing.
Next to the store is the upstairs aisle
Liu Changmei believes that the store was obtained by her in good faith through normal transactions, and she has a real estate property registration certificate, so there is no doubt that she owns the property rights of the store. However, in the eyes of the other owners of the building, the space under the stairs is a common space, and the property rights of the store are illegal and should be revoked. As a result, the two sides insisted on their own arguments and were involved in a number of lawsuits.
Earlier this year, the Kaijiang County Real Estate Registration Center revoked the real estate rights of the store based on the court's judgments in 2012 and 2014, and was later reinstated by Liu Changmei for administrative reconsideration. (Red Star News previously reported: "Stairwell Store" more than ten years of property rights dispute investigation: the woman bought the property right certificate, and the owner of the community said that it was a common space that should be revoked).
On December 18, Liu Changmei received a notice from the Kaijiang County Real Estate Registration Center, which indicated that it planned to cancel the property rights of her store again. According to the staff of the center, the reason for this cancellation is the same as the last time, but this time it was notified in advance. In this regard, Liu Changmei has raised an objection to the Kaijiang County Real Estate Registration Center.
Event Recap:
The dispute over the property rights of the "stairwell store".
The buyer was given a title deed, and the owner of the community said that it was a shared space
In December 2022, in order to facilitate access, the owners of 15 households in Building E of Qinghe Plaza discussed the installation of elevators, and planned to dig an elevator shaft from Liu Changmei's store, which would occupy about 2 square meters. However, the negotiations between the two sides were unsuccessful.
During the negotiation of the installation of the elevator, the owner Yi Liquan took out the administrative lawsuit judgment filed by himself in 2012 and sent it to the owner group, and the other owners learned that the Kaijiang County People's Court had revoked Liu Changmei's store property right certificate. These owners all believe that Liu Changmei's store should not have property rights, which has led to a number of lawsuits over the property rights of the store since 2012.
Back in 2008, Liu Xiaoqin, the owner of Qinghe Square Community, and his family engaged in self-employment in the 1-21 store of Building E, Qinghe Plaza, Kaijiang County. After learning that the store had property rights, Liu Changmei contacted Wang Xiaokui, the agent of Zhang Wei (the son of the developer of Qinghe Plaza), and Chen Jiuqiong, Zhang Wei's mother, to purchase the store. After January 2011, the 1-21 stores of Building E of Qinghe Plaza were transferred to Liu Changmei's name, and then the relevant procedures such as house property rights and land were completed.
Although Liu Changmei has bought the store, Liu Xiaoqin's family is still using it. Although Liu Changmei has negotiated many times, the other party has not moved out.
Subsequently, Liu Changmei sued Liu Xiaoqin, Yi Liquan and Liu Maozhen's family of three, claiming that the actions of the three defendants infringed on their legitimate rights and interests, and demanded the return of the embezzled stores and rents in accordance with the law. However, the three defendants objected to Liu Changmei's registration of property rights on the grounds that the store was a stairwell and belonged to the owners. Subsequently, Yi Liquan, Liu Xiaoqin, and Liu Maozhen filed an administrative lawsuit with the Kaijiang County People's Court, listing the Kaijiang County People's Government as defendants and Zhang Wei and Liu Changmei as third parties.
On April 19, 2012, the civil and administrative proceedings were decided on the same day.
In the administrative lawsuit, Liu Changmei's ownership of the Kaijiang Zi No. 201100023 house was revoked. The court held that although the space below the stairwell was not calculated and apportioned, it was the common area of the owner and could not be sold as a store. Although the housing management office registers its property rights, its behavior is contrary to the relevant regulations, and although the public announcement of the public store is contrary to the relevant regulations, the publicity shall be invalid.
In the civil lawsuit, the court held that the plaintiff Liu Changmei's evidence was insufficient, and supported the defendants Liu Xiaoqin, Yi Liquan, and Liu Maozhen that the disputed house belonged to the common part of the building and should not be confirmed to be owned by individuals, and rejected Liu Changmei's claim.
In this regard, Liu Changmei appealed to the Dazhou Intermediate People's Court. At the same time, the Kaijiang County People's Government, Zhang Wei, and Liu Changmei filed an application for retrial of the administrative lawsuit.
On September 27, 2012, the Dazhou Intermediate People's Court rendered a second-instance judgment on the relevant civil lawsuit, "rejecting the appeal and upholding the original judgment". On May 6, 2014, the Dazhou Intermediate People's Court "rejected the applications for retrial of the applicants, Kaijiang County People's Government, Zhang Wei and Liu Changmei", with respect to the application for retrial of the administrative lawsuit.
After that, in order to recover the store, Zhang Wei sued Liu Xiaoqin, Yi Liquan and Liu Maozhen's family of three to eliminate the nuisance dispute. The court held that the stairwell should belong to the owners in common, and Yi Liquan, Liu Xiaoqin, etc. also could not enjoy the right of possession independently, and should restore their function and original state of occupying the stairwell. On June 23, 2014, the Dazhou Intermediate People's Court accepted the case and rendered a judgment in accordance with the law in August of the same year, "rejecting the appeal and upholding the original judgment." ”
The courts at both levels held that Yi Liquan, Liu Xiaoqin, and Liu Maozhen had no right to possess it, and then Zhang Wei applied to the court for enforcement, and through negotiation, Yi Liquan and Liu Xiaoqin moved out of the store after getting the "decoration money" of 65,000 yuan. Zhang Wei got the key to the store, and then gave it to Liu Changmei. Since then, Liu Changmei has rented out the store.
Since then, there has been no change in the relevant procedures such as store property rights. It wasn't until October 2016 that Liu Changmei exchanged the real estate certificate and land certificate for the real estate property certificate at the Kaijiang County Real Estate Registration Center.
Certificate of Immovable Property Title
Latest developments:
It only took two months to restore the property rights of the store
The immovable property registration center informs it of its intention to deregister again
Although Liu Changmei held the real estate registration certificate of the store in her hand, the other owners of the building always believed that Liu Changmei's store belonged to the common area of the owner through the court's judgment, so they reported to the Kaijiang County Real Estate Registration Center and requested that the property rights of Liu Changmei's store be revoked.
In December 2022, the owner of Building E of Qinghe Plaza applied for administrative reconsideration. When the certificate was issued on the spot, the rest of the owners could not produce evidence. On March 3, 2023, the administrative reconsideration was automatically revoked.
On June 1, 2023, Liu Changmei learned that the property rights of her store had been revoked. On June 20, the Kaijiang County Real Estate Registration Center issued a "Statement of Facts", stating that "the content of the administrative judgment of the Kaijiang County People's Court (2011) Kaijiang Xing Chu Zi No. 4 reads: '2. Revoke the housing ownership certificate Kaijiang Zi No. 201100023 that was transferred and registered to a third party Liu Changmei by the defendant Kaijiang County People's Government in January 2011'; The appeal was dismissed and the original judgment was affirmed'. ”
Liu Changmei told reporters that the staff of the Kaijiang County Real Estate Registration Center said that the "Explanation of the Situation" was the basis for revoking her property rights, and that it was based on the judgment made 10 years ago; only later did she find out that the Kaijiang County Real Estate Registration Center had announced on the Internet that it had revoked the property rights registration of its stores on March 1, and that the property rights information of its stores had been revoked on March 10.
In this regard, Liu Changmei did not understand: the real estate information was private information, and without knowing it, the Kaijiang County Real Estate Registration Center revoked the property rights of the store for no reason. So she applied for administrative reconsideration to restore the property rights of the store.
On October 8, due to an error in the procedure for revoking the store and an error in the application of law, the Kaijiang County Real Estate Registration Center resumed Liu Changmei's store property registration. According to the staff of the Administrative Reconsideration Office, after that, it will go through legal procedures to cancel the property rights of Liu Changmeimen City.
On December 18, Liu Changmei received the relevant notice from the Kaijiang County Real Estate Registration Center, intending to cancel the property rights of her store again.
Relevant notices
The notice stated, "In accordance with the application of 15 owners of the building, including Yi Liquan and Liu Xiaoqin, the Administrative Judgment of the People's Court of Kaijiang County of Sichuan Province [2011] Kaijiang Xing Chu Zi No. 4, the Intermediate People's Court of Dazhou City, Sichuan Province [2012] Da Zhong Xing Zhong Zi No. 23 Administrative Judgment, the Intermediate People's Court of Dazhou City, Sichuan Province [2014] Da Zhong Xing Jian Zi No. 2 Administrative Ruling, and the Administrative Reconsideration Decision of the People's Government of Kaijiang County [2023] No. 21" The reconsideration decision is to be made: according to the application, cancel Liu Changmei's real estate certificate No. 24 of the Sichuan (2016) Kaijiang County Real Estate Property No. 0000088 24 located at No. 21, Building E, Qinghe Plaza, Xinning Town, Kaijiang County. If you are not satisfied with the proposed cancellation decision, you have the right to submit statements and defenses, and you can submit them in writing to the Kaijiang County Real Estate Registration Center within five days from the date of receipt of the notice. ”
According to the staff of the Kaijiang County Real Estate Registration Center, the cancellation of the property rights of the relevant stores at this time is the same as the last time, but this time it was notified in advance. In this regard, Liu Changmei expressed helplessness. On December 20, she told the Red Star News reporter that she had raised an objection to the Kaijiang County Real Estate Registration Center and submitted relevant written materials.
Red Star News reporter Zhang Yang
Editor: Zhang Li, Editor-in-charge: Li Binbin
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