Maybe there are so many regrets in the world, all because there is no regret medicine, and after many things have been decided, after the baptism of time, many people regret it.
In 2018, the Beijing court accepted a lawsuit for the sale of a house, the cause of which was that the housing prices were getting higher and higher, and the original owner Yu Bo regretted selling it to the current owner He Dahai for 30,000 yuan in 2001.
In many people know that in this dispute case, the first guide is to support He Dahai's family, and feel that it is not easy for them to move from their hometown in Sichuan to Beijing to buy real estate, because Yu Bo has gone back on his word twiceIn 2010, if he could meet the conditions of He Dahai's family, then the dispute would not have been disputed for nearly 10 years.
Being a man requires integrity, and making a promise is a promise These are the truths we learned in textbooks since childhood, and we have promised to sell the house to He Dahai, so we should abide by the original agreement.
Seeing the high housing prices, Yu Bo regarded himself as the real owner of the house, which is undoubtedly contrary".IntegrityNo matter what kind of profession or what to do, we must pay attention to integrity, which is the basic criterion for us to be a person and do things.
The law has majesty, protects people's rights and interests in all aspects, and everyone is equal before the law.
In fact, there are several cases of this kind of land dispute every year, and the state has also issued corresponding policies, which are clearly stated in the relevant regulationsLand dispute cases are usually disputes over land appreciation, land expropriation, compensation and resettlement for house demolition, etc., and are also disputes arising from the seller's interest-driven lawsuit, even if the contract does not have legal effect.
However, the seller has the primary responsibility, and the buyer has secondary responsibility, and this policy can point out the main responsibility that Yu Bo should bear.
Time goes back to 2001, Yu Bo wanted to buy a building elsewhere, so he sold his shantytown property to He Dahai from other places for 30,000 yuan.
17 years later, Yu Bo saw that the shantytown reconstruction collective land demolition project was about to be launched, and he regretted not doing it at the beginning, becauseThe homestead, which was sold for 30,000 yuan that year, skyrocketed by three or four hundred times or even more after joining the demolition projectIt was obviously a loss-making deal, and he beat his chest and regretted it very much, and he couldn't sleep every night when he thought about it.
He thought a lot, if he hadn't sold this property back then, then the demolition money for the renovation would be his own, how good it would be, but unfortunately there is no regret medicine in the world, he can only see that the demolition money is going to be given away, but he told himself that he must find a way to minimize his lossesEven if you can't get that much money for demolition, you have to get a piece of the pie
Coupled with the soaring housing prices in Beijing, his house in the urban area is very small, only 90 square meters, and now the Yubo family has been in the same house for three generations, and the whole family lives in this building is too crowded, and he seems to be out of breath when he returns home, in fact, he has regretted it as early as 10 years ago.
At that time, he and He Dahai only signed an agreement to buy and sell the ** house, without the presence of lawyers and notaries, and the land use certificate has not changed to He Dahai's name to the current head of the household, whose name is whose house
He racked his brains to think of this, and wanted to get back the homestead and real estate through this, so he sued He Dahai in court with a complaintHe secretly rejoiced, fortunately there was no successful transfer back then, and he could still give it a go, maybe the balance of the law could tilt to his side.
Legally, because the name on the land use certificate is still Yu Bo, he is protected by the lawBecause according to the relevant provisions of the national land management law, the homestead is collectively owned, and the villagers can use it and cannot buy or sell it
The sale and purchase of the homestead itself is not protected by law, so the sale and purchase agreement he signed with He Dahai is naturally invalid, and the ownership of the homestead is still with him, and he has the right to get back the right to use. Yu Bo found a loophole in the sale and purchase agreement, and he could have justifiably taken back the right to use the homestead in 2011, but he gave it up himself.
At that time, he was only willing to give He Dahai 30,000 yuan, which was equivalent to buying back the homestead at the original price, and his attitude was very resolute and reasonable, he said to He Dahai"I received 30,000 yuan from you 10 years ago, and now I return 30,000 yuan, which is equivalent to the rent for these 10 years is free, such a good thing to find?"
Such a statement is unfair to He Dahai, because housing prices and prices have also been soaring in the past 10 years**, if he used 30,000 yuan to buy a house elsewhere, it should have risen many times nowThe 30,000 yuan in the house is not the same as the 30,000 yuan 10 years ago, and it cannot be compared, so He Dahai's family did not agree that Yu Bo wanted to use 30,000 yuan to recover the right to use the property.
Yu Bo proposed to return 30,000 yuan, but the judge rejected itThe judge held that if the calculation was based on the housing prices in Beijing that year, although Yu Bo had the right to return the right to use the homestead, he needed to pay He Dahai 700,000 to 800,000 yuan in compensation.
The compensation of 700,000 to 800,000 yuan is far from enough for He Dahai's family, and this amount is difficult to buy a large and suitable house in Beijing back then, and He Dahai's family naturally cannot accept it.
Picture丨He Dahai and his wife.
They thought that a better solution would be for Yu Bo to pay them an equivalent house, as long as the house didn't cost money, and if Yu Bo was willing to pay for a similar house for their family, they could also consider themselves unlucky to move out of the house in Liugezhuang Village.
Maybe Yu Bo felt that he had "won" in law, so he had no fear, and he said to He Dahai that he couldn't take out so much money, let alone pay them the equivalent house, maybe at this time Yu Bo had already made a small calculation in his heart, and he thought that the right to use was always his own.
No matter how many years He Dahai's family has lived, they can still profit from it when they really need to be demolished, so both sides of this case have their own reasons and finally be shelved, He Dahai's family still lives in this property in Liugezhuang Village, and Yu Bo has never found He Dahai's family to talk about land use rights.
As for why there was no transfer of ownership of the house at that time, He Dahai's family was very aggrieved. They had just come to Beijing at that time, and they didn't know that there were so many twists and turns involved in buying and selling houses, and that the slightest carelessness would put them on the side that was not protected by the law.
I would never have thought that when the house I had lived in for more than 20 years was about to be demolished, the original owner Yu Bohui would obstruct it in every possible way.
In 2000, He Dahai's son became deaf, and the medical resources in his hometown in Sichuan were definitely not as good as those in Beijing.
It costs money for the deaf son to be hospitalized in the hospital, and it costs money for them to stay in a hotel every day, and they don't have that much money to spend money on multiple partiesConsidering that they also had to do a follow-up to their deaf son in the big city of Beijing, they decided to survive in Beijing by solving the housing problem first.
He Dahai and his wife finally decided to sell their house in their hometown in Sichuan, and took out their savings for many years, and borrowed a little money from relatives and friends, enough to scrape together 30,000 yuan.
They saw that Yu Bo had a property in Liugezhuang Village, Li Sui Town, Beijing, which needed to be bought and sold, just 30,000 yuan, and He Dahai and his wife decided to buy this property first, which could be regarded as having a place to live in Beijing.
At that time, they were also hindered by the fact that the homestead could not be bought and sold, so they only signed a sales agreement with Yu Bo in private, and Yu Bo also assured them that there would be no situation where they asked for a house, but who knew that this day had come
Figure丨Deed of sale.
For so many years, He Dahai and his wife have not had a high degree of education and excellent skills, so they could not find a high-paying job, so they could only do odd jobs to make a living, and they had to have part of the income to pay for the medical expenses of their deaf son, and their family has not left this place for more than 20 years.
Although Liugezhuang Village in Lisui Township is a little remote and inhospitable compared to the rest of Beijing, and lacks public services, the villagers here are kind to their family and have never bothered them. Their family is still grateful to be able to afford a house here, and their deaf son is also in the middle of ***, which is better than in their hometown in Sichuan.
They are hardworking, simple, optimistic and live positively. They also got along well with other villagers, and never quarreled with their neighbors, and the other villagers told He Dahai and his wife the good news that Liugezhuang Village in Lisui Town was going to be demolished.
The villagers also ridiculed He Dahai for having a vision back thenThe 30,000 yuan back then was not a small amount, and it was unthinkable for many people to have such courage to use borrowed money to buy a property in a foreign country.
In addition, Yubo's homestead is 530 square meters, and now such a large land area can be converted into cash compensation of about 11.35 million yuan for resettlement fees. I picked up a big bargain and became a multimillionaire I can't even think of it! I was afraid that Yu Bo, the original owner of this compensation, would be red-eyed, but I didn't expect the ridicule of the villagers to become a prophecy.
He Dahai's family was very happy to hear that they could get so much financial compensation, and they planned how to use the financial compensation, first of all, they had to cure their son's ears so that he could hear beautiful sounds, and the rest of the money could make them eat and wear without worry.
Within half a year of the start of the demolition project, watching the other villagers move out one by one, they all received economic compensation, and the resettlement work of their family was never carried out.
Yu Bo told the staff of the demolition and relocation office that the right to use the homestead belongs to him, and the name on the land use certificate is also his, and He Dahai's family is only temporarily staying, and the resettlement compensation is also given to Yu Bo.
He has been to the Demolition and Relocation Office many times, so that the staff of the Demolition and Relocation Office have "fresh memories" of him, and the staff have also seen his vexatious troubles
Figure丨Yu Bo. The house that was sold for 30,000 yuan that year can now get 11.35 million, no one expected it, the demolition project was officially launched, and Yu Bo saw that his opportunity had come, and he came to declare his sovereignty again.
He took out the 2011 court judgment and sued He Dahai again, he believed that he should give himself a large part of the cost of compensation after the demolition, and he could give He Dahai a small part as financial compensation, so he was already very merciful.
If it weren't for He Dahai's family's eagerness to find a place to live, and there was a deaf son at home, seeing that their family was so pitiful, he wouldn't have sold the property to them! Good things were said by himself, as if he was a bodhisattva!
Figure丨Deed of sale.
Standing in the position of He Dahai's family, it is obvious that this is the second time that Yu Bo has reversed course, He Dahai's family is very angry and aggrieved as a defendant, and in the courtroom, He Dahai's wife, Ms. Wang, told the judge about the scene of buying a house that year.
When they met Yu Bo's house, they were anxious to **, Yu Bo saw that their family was from Sichuan, and they were not familiar with the place, so they told them about the benefits of this house, and they hesitated when they saw itfirst asked them to hand over 30,000 yuan to Yu Bo, and then wrote a sale and purchase agreement for them to sign, although the real estate certificate was Yu Bo's name
But the real estate certificate was in the hands of He Dahai's family, because Yu Bo gave them the real estate certificate at that time, and swore to heaven that they would never return to the house, and they chose to believe Yu Bo's verbal guaranteeWho knew that the house price has now risen to a sky-high price, but Yu Bo, driven by huge interests, violated the verbal promise to He Dahai's family at that time.
Picture丨He Dahai's wife.
He Dahai's wife, Ms. Wang, cried as she spoke, saying that it was their house that was being demolished, not Yu Bo's house, and that the family had spent more than 20 years here, and other villagers could testify.
This is the home that shelters them from the wind and rain, if a large part of the demolition money is given to Yu Bo, does the law condone his backsliding?
Hearing Ms. Wang's crying, many people present felt that it was very reasonable, only Yu Bo asked her not to win sympathy anymore, and even brazenly said to her, didn't you also sell the house in your hometown in Sichuan back then? Maybe the price of that house has risen more than 100 times now, can't you just go and bring that house back to live in?
Obviously, Yu Bo regretted his behavior after selling the house, he was not ashamed, but proud, he did not take He Dahai's family in his eyes at all, he always thought that the law was biased in his favor.
In 2010, the court ruled that the sales contract between Yu Bo and He Dahai was invalid。Yu Bo's name was also written on the certificate of use of the homestead, and Yu Bo believed that he must receive most of the compensation, and Du Jianchun, as the head of the demolition management section, also gave a legal refutation to Yu Bo's opinion according to relevant regulations.
Du Jianchun said that the shantytown renovation proposed in order to improve the housing conditions of difficult families was originally a good thing from the interests of difficult families, and the main purpose of this project was to improve the living conditions of shantytown residents, and the ultimate beneficiaries were the actual users of shantytowns.
Picture丨Du Jianchun.
Yu Bo saw that he was at a disadvantage, he knew that the demolition compensation was divided into two parts: cash and resettlement housing, and if it was difficult for him to take both, it would be better to have one for himself, and it would be better to have it than nothing.
He put the focus of this lawsuit on the resettlement house again, and he told the judge that the resettlement house can only be enjoyed by members of the collective organization of Liugezhuang Village, and He Dahai is not here, so he obviously does not have this condition. Yu Bo was able to think of this, which showed that he had made a lot of preparations, and he was determined to monopolize the resettlement house, but Du Jianchun did not show weakness.
Du Jianchun saidAs early as 2001, Yu Bo's family had already moved their household registration out of Liugezhuang Village, and Yu Bo's family was obviously not a member of the Liugezhuang Village Collective Organization, and Yu Bo owns real estate in the county, He Dahai only has this property, and there is no real estate in other places, based on this, He Dahai is more qualified for housing resettlement.
Yu Bo and He Dahai's negotiation on compensation for house demolition lasted for a long time, and both sides wanted to maximize their interests and quarreled, but at this time, after the evidence presented by Yu Bo was refuted by Du Jianchun, he was eloquent and domineering from the beginning to now he is at a disadvantage and has nothing to say.
He felt that as long as he insisted that the name on the land use certificate was his own, he would definitely be able to get some compensation, but He Dahai's family could not testify accordingly, so they had to use the reason that they had lived in this property for more than 20 years and other villagers could testify, and they also believed that the law would give them a satisfactory answer.
If Yu Bo and He Dahai have been at a stalemate, this property will slowly become a "nail household".。Eventually, they settled on the advice of their lawyers, and they agreed to divide the entire compensation according to the relevant laws and regulations.
The resettlement of houses is divided in this way, because neither of their household registrations belongs to Liugezhuang VillageThe cash compensation totaled 2.54 million yuan, and Yu Bo and He Dahai were divided into three or seven points, that is to say, 30% of the compensation was given to Yu Bo, and finally 38220,000 yuan, 70% of which was compensated to He Dahai, and finally received 2.15 million yuan.
According to the land area of the replacement, that is to say, 70% of the homestead area can be replaced, 530 square meters of homestead can be replaced by 371 square meters of residential area, because the sales contract does not have legal effect.
Of these, 2597 square meters were allocated to He Dahai, 1113 square meters were allocated to Yubo, and the Shunyi District Housing and Urban-Rural Development Committee provided 5 types of resettlement housing, which were available for the two families to choose within the corresponding area.
The dispute case that has been insisted on for many years has come to an end in this way, I wonder if Yu Bo and He Dahai are satisfied with such a result? But maybe that's already the best ending.
What do you think of this protracted dispute?