On December 15, 2016, Lin signed the "Lingjun Plaza Apartment Property Use Right Transfer Contract" with Guangdong Lingjun Commercial Operation *** Lingjun Company, stipulating that Lin purchased the right to use the XX floor XX property of Lingjun Plaza, Block XX, XX Road, Chancheng District, Foshan City, developed and constructed by Lingjun Company.
Paragraph 6 of Article 7 of the contract stipulates that Lin has the right to unilaterally terminate this contract from October 1, 2022 to December 31, 2022, and require Lingjun Company to return the money for the transfer of the right of use.
When the contract expired, Lin issued a Notice of Termination of Contract to Lingjun Company, but did not receive a reply from Lingjun Company within 30 days, so he sued for a refund of the payment for the transfer of the right of use.
The court held that the agreement signed by the two parties in the "Lingjun Plaza Property Use Right Transfer Contract" stipulates that Lin has the right to terminate the contract from October 1, 2022 to December 31, 2022. Lin has issued a notice of termination to Lingjun Company, confirming the termination of the "Lingjun Plaza Apartment Property Use Right Transfer Contract" signed by Lin and Lingjun Company.
After the termination of the contract, Lingjun Company should return the property transfer money to Lin, and the court supported it. Note: Each person may have different circumstances regarding the project. Case Index (2023) Yue 0604 Min Chu No. 944.