On April 2, 2021, Bao and Foshan Shengtaiheng Property Development Co., Ltd. signed the "Confirmation of Deposit for the Property Use Right of Wanguyu Gift Plaza", and signed the "Property Use Right Transfer Contract" on the same day, stipulating that Shengtaiheng Company will transfer the right to use the property of Guiping Road, Guicheng Street, Nanhai District, Foshan City (Wanguyu Gift Plaza Dongyi Xintiandi Project) to Bao. The term for the transfer of the right to use the property involved in the case is from the date of delivery of the property to December 30, 2041.
The contract stipulates that Shengtaiheng Company will deliver the property involved in the case to Bao for use before December 31, 2021 (including that day).
Because Shengtaiheng Company could not deliver the property involved in the case to the plaintiff as scheduled, Bao claimed to terminate the above-mentioned contract and series of agreements, and demanded a refund of the fees paid for the transfer of the right of use.
The court held that the "Property Use Right Transfer Contract" involved in the case stipulated that Bao X obtained the right to use the property involved in the case for a certain period of time by paying the consideration for the transfer of the property use right, and did not involve the registration of housing property rights and the change of ownership, so it should be a lease contract dispute.
The agreed delivery date and the agreed grace period for late delivery have been exceeded, and Shengtaiheng Company cannot deliver the property involved in the case to Bao, and Shengtaiheng Company's behavior has constituted a fundamental breach of contract, and Bao has the right to terminate the contract.
Bao sued to terminate the "Property Use Right Transfer Contract", and the court supported the termination. At the same time, Shengtaiheng Company was ordered to return the relevant expenses.