Jin Jin, a professional lawyer specializing in real estate in Beijing, specializes in real estate sales, borrowing names to buy houses, real estate inheritance, right confirmation, demolition and relocation of real estate disputes, vacating houses, public housing disputes, central housing, military housing, divorce real estate division and other real estate cases. With more than 19 years of experience, he has led a professional real estate legal team, handled a large number of real estate cases, and accumulated rich litigation experience. (In order to protect the privacy of the parties and avoid unnecessary disputes, the names of the parties in the following cases are pseudonyms, if there are any similarities, please contact us to revoke them.) )
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The plaintiff alleged
Zhao Mouli alleged: In 2012, Zhao Mouli and Sun Mouqiang signed the "Property Rights Holding Agreement", stipulating that the ownership of the No. 1 house located in Chaoyang District, Beijing (hereinafter referred to as the house involved in the lawsuit) purchased by Zhao Mouli with full capital was held by Sun Mouqiang and registered in his name. In the agreement, Sun Mouqiang declares that he does not have any real and substantive rights to the house, and Sun Mouqiang's holding of the above 100% property rights on behalf of Zhao Mouli is completely for the consideration of Zhao Mouli's interests, and in any case, the exercise of the property rights held on behalf of Zhao Mouli should be completely subject to and serve Zhao Mouli's interests and requirements.
On August 8, 2012, Zhao Mouli paid 50,000 yuan to Beijing Company D (hereinafter referred to as "Company D"), the developer of the housing involved in the lawsuit, through bank transfer, and obtained an E-gold coupon of 100,000 yuan for the purchase of a house with a pre-deposit of 50,000 yuan for the total housing payment. On the same day, Zhao Mouli paid 80,000 yuan for the purchase of the house by transfer. On August 19, 2012, Zhao Mouli signed the "Beijing Commercial Housing Pre-sale Contract" with Company D in the name of Sun Mouqiang, and the buyer's mailing address, telephone number and contact person in the contract were all Zhao Mouli, and Sun Mouqiang's signature was also signed by Zhao Mouli. Later, including the "Beijing Pre-property Service Contract" and "Fine Decoration Agreement" signed with Company D, Sun Mouqiang's signature was signed by Zhao Mouli.
On August 19, 2012, Zhao Mouli again paid the purchase price of 6,828,648.00 yuan to Company D through bank transfer. Between August 2012 and October 2013, Zhao Mouli paid 210,754.14 yuan in deed tax, 144,302.71 yuan in property fees, 29,872 yuan in maintenance funds, 1,500 yuan in property rights fees, 5 yuan in stamp duty on property rights, 80 yuan in house registration fees, 360 yuan in cable TV fees, and 300 yuan in decoration deposits to Company D through bank transfers. All the above expenses for the purchase of the house involved in the lawsuit were paid by Zhao Mouli through her bank account. Sun Mouqiang had no ability to pay and did not make any form of capital contribution.
In 2013, Zhao Mouli signed a decoration contract with Y Company (Beijing) Co., Ltd. to decorate the house involved in the lawsuit, and the contract stated that the customer's name was Zhao Mouli, and the contact information was also Zhao Mouli's contact information. The decoration money was also paid by Zhao Mouli through her own bank account.
On February 14, 2014, Sun Mouqiang and Liu Mouhui registered their marriage. On April 27, 2017, the real estate property right certificate was obtained for the house involved in the lawsuit, and the registered owner was owned by Sun Mouqiang alone. On April 7, 2018, Sun Mouqiang and Liu Mouhui signed the "Husband and Wife Property Agreement", stipulating that the house involved in the lawsuit was jointly owned by the husband and wife. On May 7, 2018, the two went to the Real Estate Registration Center of Chaoyang District, Beijing, to register the house involved in the lawsuit as jointly owned by them.
Sun Mouqiang did not transfer the house involved in the lawsuit to Zhao Mouli's name as agreed in the agreement, and also disposed of the house without authorization. Now Zhao Mouli is suing the court, requesting: 1. Sun Mouqiang cooperates with Zhao Mouli to go through the procedures for changing the property rights of the house involved in the lawsuit and changes the property rights of the house to Zhao Mouli's name; 2. Sun Mouqiang bears the taxes and fees of 20,000 yuan that Zhao Mouli needs to pay to restore his ownership of the house involved in the lawsuit.
The defendant argued
Sun Mouqiang argued: One day, Sun Mouqiang received a call from Zhao Mouli and asked Sun Mouqiang to go to the sales office. After Sun Mouqiang arrived at the sales office, he learned that his parents wanted to buy a house in the name of Sun Mouqiang and needed Sun Mouqiang's signature. Sun Mouqiang thought that the house had nothing to do with him, so he signed it, and Sun Mouqiang couldn't remember which contract he signed. On August 12, 2012, Sun Mouqiang and Zhao Mouli signed the "Property Rights Holding Agreement".
Sun Mouqiang owed something to Liu Mouhui, so when Liu Mouhui promised to live a good life in the future, he and Liu Mouhui secretly changed the house involved in the lawsuit to be jointly owned by the two.
All the expenses of the house involved in the lawsuit were paid by Zhao Mouli, Zhao Mouli was the actual owner of the house, and Sun Mouqiang was only the nominal owner. In order to maintain the stability of his marriage, Sun Mouqiang maliciously colluded with Liu Mouhui to change the house to co-ownership, which harmed Zhao Mouli's interests and was not entitled to be disposed of, and Zhao Mouli did not know about it. Sun Mouqiang did not have any objection to the "Property Rights Holding Agreement" and asked the court to support Zhao Mouli's litigation claim.
Liu Mouhui argued: The house involved in the lawsuit was jointly owned by Sun Mouqiang and Liu Mouhui, and Zhao Mouli asked Sun Mouqiang to cooperate with the transfer of ownership and could not perform. The house involved in the lawsuit originally belonged to Sun Mouqiang, and there was no fact that Sun Mouqiang held the house on behalf of Zhao Mouli. The "Property Rights Holding Agreement" was signed by Sun Mouqiang and Zhao Mouli in malicious collusion after Liu Mouhui sued for divorce for the first time, in order to make Liu Mouhui unable to share the house involved in the lawsuit when she divorced. The ownership of property rights is subject to registration, not based on capital contribution, and Zhao Mouli's capital contribution cannot prove that he has ownership of the house. The house has been registered in the name of Sun Mouqiang since the purchase, and the escrow agreement is an invalid agreement according to the law. Liu Mouhui obtained the house involved in the lawsuit in good faith, and Zhao Mouli had no right to require Liu Mouhui to transfer the property, and asked the court to reject Zhao Mouli's litigation claim.
The court ascertained
Sun Mouqiang is the son of Sun Mouxian and Zhao Mouli. Sun Mouqiang and Liu Mouhui registered their marriage on February 14, 2014, and the two divorced by the court on October 8, 2022.
On August 8, 2012, Sun Mouqiang and Company D signed the "Beijing Commodity Housing Subscription Letter", stipulating that Sun Mouqiang purchased the No. 1 house located in Chaoyang District, Beijing from Company D (i.e., the house involved in the lawsuit), and Sun Mouqiang paid Company D a subscription deposit of 200,000 yuan, and after the commercial housing sales contract signed by the two parties took effect, the subscription deposit was used as the house price. On the same day, Zhao Mouli transferred 80,000 yuan to Company D through her bank account and paid 50,000 yuan in advance deposit to Company H. Company D issued a coupon of "100,000 yuan discount on the total house price of 50,000 yuan pre-deposit" to Sun Mouqiang for the 50,000 yuan advance deposit.
On August 19, 2012, Sun Mouqiang, as the buyer, signed the "Beijing Commercial Housing Pre-sale Contract" and the "Fine Decoration Agreement" with the seller, Company D, stipulating that Sun Mouqiang purchased the house involved in the lawsuit from Company D, the total price of the house was 7028648 yuan, the payment method was a one-time payment, and the contract stated that the buyer's mailing address was Zhao Mouli's work unit and the recipient was Zhao Mouli. On the same day, Zhao Mouli transferred 6828648 yuan to Company D through her bank account to pay the purchase price.
On October 30, 2013, Zhao Mouli transferred 253,363.85 yuan to Company D through her bank account, and Company D issued to Sun Mouqiang: 210,754.14 yuan of deed tax receipts, 14,302.71 yuan of property fee receipts, 29,872 yuan of public maintenance fund receipts, 1,500 yuan of property rights agency fee receipts, 5 yuan of property rights stamp tax receipts, 80 yuan of housing registration fee receipts, 360 yuan of limited TV initial installation fee receipts, and 300 yuan of decoration deposit receipts. At the same time, Company D issued an official invoice to Sun Mouqiang, stating that the actual purchase price of the house involved in the lawsuit was 7025138 yuan (the price difference with the contract was 3,510 yuan). On April 27, 2017, the house involved in the lawsuit obtained a house ownership certificate, and the registered owner was Sun Mouqiang.
On April 7, 2018, Sun Mouqiang and Liu Mouhui signed the "Husband and Wife Property Agreement", stipulating that the house involved in the lawsuit was jointly owned by both parties. On May 7, 2018, Sun Mouqiang and Liu Mouhui changed the house involved in the lawsuit from Sun Mouqiang's sole ownership to Sun Mouqiang's joint ownership on the grounds of the registration of the transfer of the husband and wife's real estate.
In March 2019, Liu Mouhui sued for divorce from Sun Mouqiang, but the court did not allow it. In November 2020, Liu Mouhui sued for divorce again, and at the same time asked for the distribution of 70% of the house involved in the lawsuit. On October 8, 2022, the court ruled that the two were divorced but did not deal with the property involved in the lawsuit.
During the trial of this case, Zhao Mouli submitted a "Property Rights Holding Agreement" signed by Zhao Mouli (Party A) and Sun Mouqiang (Party B) with the date of August 12, 2012, which stated: ...... At the same time, due to the position of Party A, the holding of the property will affect the property declaration procedures of Party A, so Party A buys the house in the name of Party B this time. 2. Party B did not pay any price for the above property and did not bear any expenses. Party B has not had, is or will have any substantial rights and interests in the above-mentioned properties, and Party A shall continue to enjoy 100% of the substantive property rights of the above-mentioned properties before and after the signing of this Agreement.
......。 Zhao Mouli used the above evidence to prove that the house involved in the lawsuit was registered in the name of Sun Mouqiang based on the nominee relationship, and the actual owner was Zhao Mouli. Sun Mouqiang recognized Zhao Mouli's proposition. Liu Mouhui said that on August 12, 2012, Zhao Mouli and Sun Mouqiang signed the "Property Rights Holding Agreement", but they did not know that the "Beijing Commercial Housing Pre-sale Contract" had no address for the purchase of the house. Therefore, the "Property Rights Holding Agreement" was signed by Zhao Mouli and Sun Mouqiang in malicious collusion, and it is an invalid agreement. In this regard, Zhao Mouli explained that she drafted the "Property Rights Holding Agreement" with Sun Mouqiang after asking the exact address of the sales staff.
During the trial of this case, Zhao Mouli also submitted evidence such as furniture customization contracts and payment vouchers to prove that she contributed to customize furniture for the house involved in the lawsuit. At the same time, Zhao Mouli provided Sun Mouqiang's retirement certificate, proving that Sun Mouqiang was an active soldier from 2005 to 2016, and his income was not enough to pay for the house. Liu Mouhui provided proof that Sun Mouqiang owned real estate and vehicles, proving that Sun Mouqiang had the ability to buy a house. At the same time, Liu Mouhui said: Zhao Mouli's contribution does not mean that she is the owner of the house.
During the trial of this case, at the request of Zhao Mouli, this court entrusted an appraisal agency to conduct a document inspection and appraisal of whether Sun Mouqiang's signature was signed by Zhao Mouli in the "Beijing Commodity Housing Subscription Book", "Beijing Commodity Housing Pre-sale Contract", "Fine Decoration Agreement", and "Online Record Form for Commodity Housing Pre-sale Contract". After identification: Sun Mouqiang's signature in the above documents was signed by Zhao Mouli. Zhao Mouli and Sun Mouqiang believe that the appraisal conclusion can prove that the house involved in the lawsuit was purchased by Zhao Mouli and belonged to Zhao Mouli. Liu Mouhui believes that the appraisal conclusion can only prove that the above-mentioned house purchase procedures were handled by Zhao Mouli on behalf of Sun Mouqiang.
Adjudication Results
Plaintiff Zhao Mouli's claim was rejected.
Property Lawyer Reviews
Although the "Beijing Commodity Housing Subscription Letter" and "Beijing Commodity Housing Pre-sale Contract" were signed with Sun Mouqiang as the buyer and Company D, the house was also registered in Sun Mouqiang's name. However, Sun Mouqiang's signature in the above contract was actually signed by Zhao Mouli, and the purchase procedures were also handled by Zhao Mouli, and the purchase price, decoration money, and various taxes and fees were also paid by Zhao Mouli. Based on the above facts, the court can determine that the actual purchaser of the house is Zhao Mouli.
The "Property Rights Holding Agreement" provided by Zhao Mouli explained the reason for her purchase of the house in the name of Sun Mouqiang, and clarified the rights and obligations of both parties. The agreement may represent the true intentions of both parties and shall be deemed legal and valid. Liu Mouhui's claim that the agreement was maliciously colluded by Zhao Mouli and Sun Mouqiang to divide the house involved in the litigation in the divorce proceedings and should be found invalid lacked evidence support and was not accepted by the court.
During the period when Sun Mouqiang held the house involved in the lawsuit, without the consent of Zhao Mouli, the house was owned by one of him and changed the registration to be jointly owned by Liu Mouhui, which violated the provisions of the "Property Rights Holding Agreement". Liu Mouhui asserted that she had obtained the ownership of the house involved in the lawsuit in good faith. The court held that Liu Mouhui obtained the ownership of the house based on the gratuitous gift between the husband and wife, and did not pay the corresponding consideration according to the market price, which did not meet the conditions for bona fide acquisition of real rights. Even if he did not know that Sun Mouqiang did not have the right to dispose of it, it could not deny the validity of the "Property Rights Holding Agreement".
Although the "Property Rights Holding Agreement" is valid, the house involved in the lawsuit has been registered in the names of Sun Mouqiang and Liu Mouhui. According to the agreement of the "Property Rights Holding Agreement", Zhao Mouli required Sun Mouqiang to perform his contractual obligations and register the house in Zhao Mouli's name, which could not be actually performed. Zhao Mouli should first determine the validity of the registration of the transfer of ownership of the house involved in the lawsuit between Sun Mouqiang and Liu Mouhui, and only after the house is restored to the name of Sun Mouqiang can she require the nominee Sun Mouqiang to perform his contractual obligations. The court could not support Zhao Mouli's request for Sun Mouqiang to go through the house transfer procedures in this case.
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