CCTV Beijing, April 18 (Reporter Li Hongpeng) Recently, Mr. Wu, a citizen of Tangshan, Hebei Province, reported to a reporter from CCTV that around July 2022, he bought a suite in Xinduhui Community, Tangshan City, and spent another 78,000 yuan to "buy" a parking space. Half a year later, the word "civil air defense" was sprayed on its parking space.
According to the provisions of the Civil Code of the People's Republic of China, civil air defense parking spaces used for national defense purposes shall be owned by the state. The lease term of civil air defense parking spaces shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid. At the expiration of the lease term, the parties may renew the lease contract. However, the agreed term of the lease shall not exceed twenty years from the date of renewal.
"Compared with normal parking spaces, the price is the same, but the civil air defense parking spaces not only have no property rights and cannot be bought and sold, but also have a purchase period of only 20 years. Mr. Wu introduced that there are nearly 50 parking spaces in the community, and he learned about the situation from the developer and the property, and was told that the civil air defense parking spaces enjoy the same right of use and possession as normal parking spaces.
The developer of Xinduhui Community is Tangshan Xinyuan Real Estate Co., Ltd. (hereinafter referred to as Xinyuan Company). On the afternoon of April 11, a reporter from the central radio network called Xinyuan company in the name of consumers, and a staff member said that whether it is a civil air defense parking space or a normal parking space, their prices are the same, and the civil air defense parking space also enjoys the same right of use and possession as the normal parking space, so don't worry.
On April 15, the reporter called a person in charge of Tangshan Xinyuan Company. The person in charge said that the construction and use of parking spaces are in accordance with relevant laws and regulations.
Regarding Mr. Wu and other owners who reported that they did not inform them that it was a "civil air defense" parking space before purchasing, the above-mentioned person in charge denied it, and said that "it is impossible, and the situation of the parking space has been publicized."
Parking spaces sprayed with the words "civil air defense" (provided by the interviewee)
Owner: Buy a parking space at an ordinary price, and after half a year, it becomes a "civil air defense parking space"
According to Mr. Wu, around July 2022, he and his wife finally chose a house and a parking space in Xinduhui Community, developed by Xinyuan Company.
"Half a year after purchasing, I found that the parking space was sprayed with the word 'civil air defense'. Mr. Wu said that when he bought a house and a parking space, he said that he was buying a parking space, and later he found out that it was a usage agreement. "It's not just me, it's nearly 50 parking spaces in the community. ”
For the parking space, he signed the "Xinyuan Xinduhui (Xinhua Building) Parking Space Use Agreement" with Xinyuan Company. According to the agreement provided by Mr. Wu, the parking space is located in the Xinhua Building Community, and the purpose is to park small cars and vehicles, and the parking space is used on a one-by-one basis with a usage fee of 78,000 yuan (excluding the parking space property management service fee).
The agreement also shows that according to the current policy, the ownership of the parking space cannot be registered with the corresponding land use right. In addition, Mr. Wu has an independent right to occupy and use the parking space, and the term of the right to use the parking space is the same as the term of the land use right occupied by the parking space, unless otherwise stipulated by the government, it shall be implemented in accordance with the provisions of the government.
On the afternoon of April 11, a reporter from CCTV called Tangshan Xinyuan Real Estate Co., Ltd. in the name of the owner of the community, and a staff member said that there are still underground parking spaces for sale in the community, the price is 80,000 yuan, and the service life is 70 years, which is the same as the term of the land use right where the house is located.
When asked whether it is a civil air defense parking space, the above-mentioned staff said that in the community, whether it is a civil air defense parking space or a normal parking space, the price is the same, and the civil air defense parking space has the same right of use and possession as the normal parking space, so there is no need to worry. However, the staff member stressed that the two parties had signed a usage agreement.
Article 25 of the Regulations on the Development and Utilization of Urban Underground Space of the Ministry of Housing and Urban-Rural Development stipulates that underground projects should be based on the principle of "who invests, who owns, who benefits, and who maintains", and allows construction units to transfer or lease underground projects they invest in and develop in accordance with the law.
According to the provisions of the Civil Code of the People's Republic of China, the lease term shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid. At the expiration of the lease term, the parties may renew the lease contract. However, the agreed term of the lease shall not exceed twenty years from the date of renewal.
Ma Li, a lawyer at Beijing Deheheng Law Firm, said that civil air defense parking spaces are part of air defense projects, and their property rights belong to the state, so they cannot be bought or sold. However, the state encourages social capital to invest in the use of civil air defense projects to serve the economy in peacetime. The right to manage and benefit from all air defense parking spaces belongs to the investor, and the transfer agreement signed by the investor is valid.
Is the owner informed in advance before the purchase?Developer: It has been announced in advance
Mr. Wu said that when he bought the parking space, the developer did not inform him in advance that the parking space he purchased was a civil air defense parking space, and I did not see the relevant reminders and announcements, "I am not the only one, and later I counted, at least there are many families that are also in this situation." ”
On April 15, a reporter from CCTV called a person in charge of Tangshan Xinyuan Company, who said that the construction and use of parking spaces are in accordance with relevant laws and regulations. Regarding Mr. Wu and other owners who reported that they were not informed that it was a "civil air defense" parking space before purchasing, the person in charge denied it, saying that "it is impossible, and the situation of our parking spaces is publicized", and how the civil air defense parking spaces are specifically divided, he said that they are randomly divided.
Ma Li said that if the investor fails to inform the transferee that the parking space is civil air defense in nature when signing the right to use the contract, which constitutes contract fraud, the defrauded party has the right to apply to the court to revoke the contract. Unlike a lease contract, a lease contract has a maximum lease period of 20 years, which can be renewed for another 20 years at the end of the 20-year period.
Ma Li also said that even if the announcement was made, the developer did not fulfill its effective notification obligation. If the civil air defense parking space is expropriated, the owner can ask the developer to bear the liability for breach of contract.
Mr. Wu said that later, when he asked the developer and the property for information, he was told that the civil air defense parking space had the same right of use and possession as the normal parking space, and that it was only requisitioned during wartime.
Mr. Wu and some of the owners were not satisfied with the developer's explanation, so they reported the situation to the Market Supervision and Administration Bureau of Fengrun District, Tangshan City. On July 12, 2023, the Market Supervision and Administration Bureau of Fengrun District, Tangshan City, issued the "Opinions on the Handling of the Suspected Sales Fraud of the Civil Air Defense Parking Spaces Reported by the Owners of Xinhua Building" (hereinafter referred to as the Opinions), which shows that the situation reflected by the owners is partially true, and the developer and the owner have signed an agreement on the use of parking spaces, and have not sold the civil air defense parking spaces.
According to the above-mentioned opinion, after communication and negotiation between the Market Supervision and Administration Bureau of Fengrun District of Tangshan City and the petitioning owner, if the petitioning owner is willing to re-sign a 20-year parking space use agreement with the developer, the bureau can coordinate with the developer and the petitioner to re-sign the contract, and if they are unwilling to re-sign a new contract, they can claim to revoke the contract through civil litigation. The petitioning owner said that he would not re-sign the contract and would claim the revocation of the parking space use agreement through a civil lawsuit in the court.
The handling opinions made by the Market Supervision and Administration Bureau of Fengrun District, Tangshan City (photo provided by the interviewee)
Court: dismissed the claim
Mr. Wu and some of the owners did not accept the communication and negotiation between the Market Supervision and Administration Bureau of Fengrun District of Tangshan City and the petitioning owners. As a result, they sued Xinyuan Company in court, requesting confirmation of the signed use agreement as a parking space lease contract, and requesting the return of more than 55,000 yuan for the parking space with a 50-year use period.
Xinyuan company believes that it has the right to use the garage (civil air defense project) in accordance with the law, and it signed the "Commercial Housing Sales Contract" with the buyer to transfer the right to use the underground garage belonging to the civil air defense project, which does not violate the mandatory provisions of the law. Mr. Wu, the buyer, should be aware of the provisions of laws and regulations on the non-transfer of ownership of underground garages (civil air defense projects). The developer's failure to specifically remind and express this in the Contract for the Sale and Purchase of Commercial Housing does not constitute deliberate concealment and fraud. The developer's transfer of the right to use the underground garage did not harm the interests of the state. Therefore, the agreement on the use of the parking space signed by the plaintiff and the defendant was legal and valid, and the agreement signed with Mr. Wu on the use of the parking space was an anonymous contract, which was neither a sale nor a lease, nor was it a "lease in the name of use". The validity of the anonymous contract shall be determined in conjunction with the provisions of the general part of the contract, because there is no invalid and revocable contract, so the parking space use agreement is a valid contract.
The Tangshan Fengrun District People's Court held that the focus of the dispute in the case was the validity and nature of the parking space use agreement involved in the case. Regarding the validity of the "Xinyuan Xinduhui Parking Space Use Agreement" signed by Mr. Wu and Xinyuan Company, the agreement is an expression of the true intentions of both parties, which is legal and valid, and is binding on both parties. As to the nature of the agreement, first of all, the agreement is called the agreement on the use of parking spaces, and from the content of the agreement, it is also an agreement on the use of parking spaces, and the disputes arising from this agreement are not disputes over the lease contract, so the terms of the lease contract should not be applied in this case. Secondly, in Article 7 of the Agreement, Xinyuan Company clearly stated that it could not register the ownership and use rights, which did not constitute fraud. Third, even if the parking space belongs to a civil air defense project, its ownership belongs to the state, and it cannot be transferred in accordance with the law, Xinyuan Housing Company should enjoy the right to use the underground parking space involved in the case in accordance with the law, and the transfer of the right to use the parking space to Mr. Wu does not violate the mandatory provisions of the law. Fourth, the (2020) Zui Gao Fa Min Shen No. 4493 Civil Ruling found that the developer's transfer of the right to use the underground garage belonging to the civil air defense project did not harm the interests of the state, and the signed parking space use agreement was legal and valid.
On December 6, 2023, the Tangshan Fengrun District People's Court made a first-instance judgment: rejecting Mr. Wu's litigation claim. Mr. Wu was dissatisfied with the first-instance judgment and appealed.
The Tangshan Intermediate People's Court made a judgment rejecting Mr. Wu's appeal and upholding the original judgment (Photo provided by the interviewee)
The Tangshan Intermediate People's Court held that the developer had the right to use the anti-parking space and could transfer and circulate it. The second paragraph of Article 7 of the Agreement on the Use of Parking Spaces signed by the two parties stipulates that Party B has independent possession and use rights of the parking space, and the term of the right to use the parking space is consistent with the term of land use occupied by the parking space. The agreement is an expression of the true intentions of both parties, and does not violate the mandatory provisions of laws and regulations, and is legal and valid, and the appellant's claim that the right to use the civil air defense parking space is 20 years, and the period exceeding 20 years is invalid has no legal basis. On February 19, 2024, the Tangshan Intermediate People's Court issued a judgment: rejecting the appeal and upholding the original judgment.
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