& shy; Relatives of Chen mouzhong sold Chen mouzhong’s house to Chen mouqing, a villager in the same village. Chen mouzhong suddenly raised an objection after several years and took Chen mouqing to court. A few days ago, Changle city court concluded this property damage compensation dispute over 15 years, and rejected the plaintiff’s appeal in the first instance.
& shy; Chen mouzhong and Chen mouqing are both villagers of Changle village. In 1992, Chen mouzhong built a bungalow in the village and applied for the certificate of residential land use. Because of the death of Chen’s brother, Chen mouzhong came to the door with Chen mouying from the village and married Chen mouzhong’s sister-in-law.
& shy; In November 1998, during Chen mouzhong’s outing, Chen mouying was unable to repay the debt for Chen mouzhong and approved by Chen mouzhong, transfer the house to Chen mouqing in the name of Chen mouzhong. Chen mouying issued a house sell-off deed including land to Chen mouqing, and the price agreed by both parties was 30,000 yuan. The sell-off deed was signed by the director of the village committee of the village, guaranteed by Chen Zhongzhong’s brother-in-law, and witnessed by another villager.
& shy; After the deed was established, Chen mouying delivered the certificate of residential land use right and the land compensation receipt of the payer Chen mouzhong to Chen mouqing, and both parties did not go to the land administration department to handle the formalities of changing the land use right.
& shy; Half a year later, Chen mouqing rebuilt Chen mouzhong’s original first floor housebreaking into a second floor house, which has been used up to now. During the demolition and construction process of Chen mouqing, Chen mouzhong did not raise objections and claims.
& shy; In January 2007, Chen mouzhong and Chen mouqing’s wife had a dispute over whether the house had a trading relationship. In October, 2012 and February, 2013, Chen mouzhong once called the police on the grounds that the house was occupied. At the beginning of 2013, Chen mouzhong asked the village committee to issue a certificate to replace the land certificate on the grounds that the land certificate was lost. The village cadres did not issue it and told Chen that the certificate of loyalty to the land was in Chen’s hands. The village cadres all knew about the house sales between him and Chen’s Qing.
& shy; In November, 2014, Chen Zhongdeng reported the lost housing land use certificate and declared it invalid. The next month, the Department of Land and Resources reissued the collective land use certificate for Chen mouzhong. In 2015, Chen mouzhong took Chen mouqing to court, demanding that the house built by Chen mouqing on his land be demolished and restored to its original state, compensation for the economic losses incurred during the 7-year period of renting out houses is more than 150,000 yuan.
& shy; After hearing, Changle city court held that the “contract law” of our country stipulates that the actor has no power of agency, exceeds the power of agency or terminates the power of agency, and then enters into a contract in the name of the agent, if the counterpart has reason to believe that the actor has the agency right, the agency act is effective.
& shy; In this case, when Chen mouying signed the sell-off deed and transferred Chen mouzhong’s lawsuit for land use rights and houses to Chen mouqing, it was not authorized by Chen mouzhong to act as an agent. However, Chen mouying transferred the sell-off deed to Chen mouqing. The land use right and the house were transferred by Chen mouzhong, and Chen mouying himself signed the deed in the name of the payee, the contract is concluded in the name of the agent. Chen mouqing, the purchaser, obtained a trading opportunity through Chen mouying, it is based on the special relationship between Chen mouying and Chen mouzhong and the situation that the director of the former village committee took over the letter after understanding the reasons for the transfer of land use rights in the sell-off contract, and took Chen mouying as the payee, under the circumstances that Chen Zhongzhong’s brother-in-law is the guarantor and another villager is the witness to sign together, he has reason to believe that Chen mouying has the right to transfer the land use right and the house.
& shy; Therefore, the lawsuit against the land use right and the House transfer agreement reached in the form of a sell-off deed in this case is valid. Chen mouqing paid the price according to the sell-off deed and obtained the land use right, the rights of the houses on the land should be protected until now after the demolition and reconstruction of the houses on the land.
& shy; Although Chen mouzhong reported that the land use certificate was lost and invalidated, it was still made up of facts when he knew that the certificate was in Chen mouqing. Chen mouzhong did not raise any objection during the demolition and reconstruction of Chen mouqing’s houses. Later, Chen mouqing had been living and using the reconstructed houses, chen mouzhong did not raise any objection for more than 7 years before 2007, and did not claim rights for more than 15 years before his prosecution. Now Chen mouzhong denies the effectiveness of the sell-off deed on the grounds that Chen mouqing occupied his land and dismantled his house without authorization, which violates the principle of honesty and credit and is not conducive to the stability of the transaction order, therefore, the lawsuit request is not supported. (Reporter Chen H & X correspondent Zhou Fei)