On July 18, 2003, Wei Sili, who lives in Inner Mongolia, was wandering the street when she saw an advertisement for the sale of a house, and she bought the house for more than the average price at the time.
In 2017, Wei Sili suddenly received news: the house is going to be demolished, and the compensation is more than 4 million!
Joy fell from the sky, but before Wei Sili could be happy, she was poured a basin of cold waterShe was accused.
It turned out that after the original landlord heard that there was more than 4 million compensation for the house demolition, they regretted it, and they sued Wei Sili to the court, suing the original house sales contract for invalidity.
What Wei Sili didn't expect was that with such an unreasonable request, the final court verdict turned out to be the original landlord winning.
So, why did the court rule like this, and did Wei Sili get her own demolition money in the end?
4 million demolition money fell from the sky
In October 2017, Wei Sili received the happy news that the house she bought 15 years ago next to the vegetable market in Chifeng, Inner Mongolia, was listed as a shantytown renovation project.
This means that this house of hers is going to be demolished!
That night, she couldn't sleep happily, and calculated an account with her husband, according to the current demolition compensation policy, she had 54768 of the land, the compensation can be at least 4 million.
Who is unhappy about pie in the sky?
However, this joy did not last for 2 months, and the two people who suddenly came to the door provoked Wei Sili's anger!
It turned out that these two people were none other than the former landlord Liu Yayun and her eldest son Tian Jun.
Wei Sili felt inexplicable about the sudden arrival of the two people, after all, the three of them had no contact except for the intersection when they sold the house 15 years ago.
Wei Sili's heart faintly felt bad.
Sure enough, Liu Yayun and Tian Jun came to the door for a big event, Liu Yayun got straight to the point: "The house we sold you before is going to be demolished, you can give us 2 million!" ”
As soon as these words came out, Wei Sili felt inexplicable: "You sold the house to me 15 years ago, the house belongs to me, and now the demolition has nothing to do with you, why do you want to share the money?" ”
Obviously, Liu Yayun and Tian Jun are bound to get the 2 million, Liu Yayun saw that it was soft, so he came directly to the hard: "Now I will talk to you well, as long as 2 million, I am thinking about the kindness of the year and I want to thank you." If you don't want to, you may not get a penny later. ”
Hearing this, Wei Sili was furious, and drove the two out of the room without saying anything.
Although she was angry, Wei Sili was not worried about such a "scoundrel", after all, she was a regular channel back then, and the purchase contract was there, so it made no sense that they could still find a way to divide the money.
Angry, Wei Sili regarded this incident as a "disgusting thing" and gradually forgot about it.
No one expected that 2 months later, Wei Sili suddenly received a summons from the court, and she became the defendant, and it was Liu Yayun and Tian Jun's mother and son who sued her!
Looking at the summons, Wei Sili had mixed feelings, her kindness at that time was really fed to the dog!
A ruined mind
How do you say that?
It turned out that when Wei Sili bought a house, she was compassionate and compassionate.
Back on July 13, 2003, 33-year-old Wei Sili was wandering the streets, and she was very unhappy because she was laid off.
was laid off at a young age, how to live her life in the future, to be honest, she really didn't know the bottom of her heart.
As she walked, she saw an advertisement for selling a house on the wall, and her attention was immediately attracted.
Thinking about her future life, she felt that she still had a little money saved in her hand anyway, and the condition of this house was good, if it was suitable, it was also a good choice to buy it back and decorate it, and then rent it out to earn rent.
So, she dialed the *** person on the other side of the advertisement, and heard that she was going to buy a house, and he was also very happy.
The two sides met immediately, and this was the first time Wei Sili met Liu Yayun and her son Tian Jun.
After inspecting the house on the spot, Wei Sili found that she was quite satisfied with both the location and the overall structure. So I asked**.
Liu Yayun said 150,000 yuan, and as soon as this remark came out, Wei Sili was stunned. This ** is actually higher than your own psychological price.
She was a little hesitant, but at this moment, Liu Yayun was anxious, her eyes began to redden, and she said, "*We can talk, you can think about it again?" ”
Seeing Liu Yayun's expression, Wei Sili felt very strange, so she said something more, "What happened to you?" ”
As soon as these words came out, Liu Yayun couldn't hold back anymore. It turned out that her family was in a state of upheaval at that time.
Liu Yayun originally lived a happy life with her husband Tian Zhonglin and two sons, but some time ago, her husband suddenly fell seriously ill, and she borrowed money everywhere to save her husband's life, but in the end, she was empty of both people and money.
Her husband died in the prime of life, leaving behind a bunch of debts and two sons, which made Liu Yayun breathless. In order to solve the current dilemma, she had to think of selling the house.
In fact, before Wei Sili, there were several groups of people who came to see the house, but the ** they gave was very low, 70,000, 80,000, and the most was only 100,000. But her psychological price is 150,000, because she can still have 10,000 or 20,000 yuan left after she repays the money, which is barely enough for her to raise a child.
Hearing this, Wei Sili also sighed in her heart that this woman was not easy.
Considering that the overall situation of this house is in line with her own psychological expectations, Wei Sili not only did not bargain, but finally negotiated 15On the basis of 50,000 yuan, she gave an extra 5,000 yuan, and made up a whole number of 160,000 yuan, which was counted as her support for the three mothers and sons.
Although she has a tight life, Wei Sili has no regrets at all. Holding the 160,000 yuan that Wei Sili took out, Liu Yayun excitedly held her hand and refused to let go for a long time.
It is said that the grace of a drop of water should be reciprocated by a spring. Wei Sili had an attitude of helping at that time, and she didn't think of asking for anything in return, but she didn't calculate it15 years later, their mother and son will turn their faces against her for this house!
The court ruled in favor of the original landlord
That year, Liu Yayun took 160,000 yuan, paid off the arrears, and left 20,000 yuan for living expenses. The stress of her life has been greatly relieved.
Liu Yayun is also a woman who does not admit defeat, in order to earn money to raise children, she planted greenhouse vegetables, and she can afford the expenses of daily life.
And Wei Sili, with a house and land of more than 500 square meters, also started her own business, she expanded the original house, expanded some factories, and smashed in 510,000 yuan.
And these 510,000 yuan were all borrowed by her from her sister and relatives.
The two women seemed to be starting a new life because of this intersection, until October 2017, when Wei Sili received a notice that the land she bought was about to face shantytown reform. And this compensation of up to 4.19 million yuan turned out to be the fuse for the three people to go to court.
When she received the court summons, although Wei Sili was angry, she was not too worried, after all, the "House Purchase Contract" of that year could not be clearer in black and white. Can such ironclad evidence be overturned? Wei Sili didn't believe it.
She waited for the mother and son to lift a stone and shoot herself in the foot.
However, to Wei Sili's shock, in the end, the court ruled that the "House Purchase Contract" signed by the three people in 2003 was invalid!
The purchase contract is invalid, indicating that the house is still owned by Liu Yayun's mother and son, and Wei Sili paid 160,000 yuan to solve their urgent needs, completely making wedding clothes for others.
So, why did the court rule like this?
It turned out that Liu Yayun's eldest son, Tian Jun, really found a very important basis.
According to the "National Land Management Law" promulgated by the General Office of the People's Republic of China in 1999, urban residents are not allowed to buy houses in rural areas.
Wei Sili is an urban hukou, and she cannot buy a house built on a rural homestead, and the land occupied by the house that was traded between the two parties back then was built on a rural homestead.
When the reporter asked Tian Jun: "Have you known about this regulation for a long time, or have you only known about it recently?" ”
Tian Jun replied: "I didn't know about it until 2017, when I heard that the shed was going to be reformed, so I didn't know it until I read the relevant regulations." ”
In fact, when the reporter asked this sentence, the meaning was also very obvious, did Tian Jun's mother and son know about this rule back then, but deliberately deceived Wei Sili into being fooled?
Although Tian Jun denied this statement, it can at least be seen that the mother and son regretted the transaction that year and wanted to come back for a piece of the pie because of the shed reform.
Tian Jun's mother and son had two demands at that time:
1. The judgment invalidates the house sale contract of the current year.
2. Order the defendant to return the homestead and related documents, or divide the value of the expropriation and demolition compensation in accordance with the law and facts.
In accordance with Article 52 of the Contract Law:Contracts that harm the public interest are invalid.
Because of this provision, the 670,000 yuan invested by Wei Sili around that year was wasted. And Tian Jun's mother and son rightly owned the ownership of the house again.
You must know that in 2003, the value of local commercial housing in Chifeng, Inner Mongolia was about 1,000 yuan per square meter, according to the housing price of that year, Wei Sili's 670,000 should be able to buy at least more than 500 square meters of real estate, and by 2018, the real estate of more than 500 square meters, according to the average price at that time, should also be worth about 5 million.
So no matter how you calculate it, Wei Sili can't lose anymore.
Liu Yayun and Tian Jun won the lawsuit and waited for the payment.
But Liu Yayun's mother was aggrieved in front of reporters: "They all say that I have a black heart, even if I lose, I signed the contract in black and white back then, and there is no reason to come back." ”
She said, "These people don't understand the law, and those who understand the law understand what's going on." In fact, I don't want much, as long as 1.5 million, I asked her if she would give it. ”
And the psychological price of his son Tian Jun is 2 million.
To be honest, their grievances are somewhat ridiculousLegal loopholes have become an emboldening force for them to break their promises and not keep their promises. Not to mention that Wei Sili was angry, even the audience who watched this incident was upset for Wei Sili.
Should innocent people bear the loopholes created by the law? Of course not!
The reversal of the situation is very happy
In October 2018, the specific amount of compensation for the demolition of the property purchased by Wei Sili has been calculated, totaling 4.19 million. When the time was ripe, Wei Sili filed a complaint and sued Liu Yayun's mother and son in courtRequirements: The collective land purchased in 2003 and the corresponding demolition money on the land belong to Wei Sili.
In response to this demand, Tian Jun said that "there is no factual or legal basis".
So, is there really no legal basis?
In fact, although the first-instance judgment was invalid at that time, Wei Sili purchased the property in Liu Yayun's hands at a price higher than the market price at that time, and used it for 15 years, and at the same time, the two parties had no objection to the purchase contract signed at that time, and there were no factors such as coercion and threat.
That is to say,The invalidity of the contract was based on the policy conflict at the time, but the contract itself was not flawed.
Therefore, the focus of the dispute between the two sides is, how should the 4.19 million demolition money be distributed?
In an interview, the judge made it clear that they should not be allowed to take advantage of others. As law enforcement officers, we need to protect the spirit of contract to the greatest extent possible. And in accordance with the provisions of the contract, to protect the legitimate rights and interests of the purchaser.
In the end, the court's judgment came out: the defendants Liu Yayun and Tian Jun enjoyed 350,000 yuan of the demolition money; The plaintiff, Wei Sili, enjoys 3.8 million.
The reason why Wei Sili could not enjoy the full compensation was also because the purchase at that time violated the relevant laws and regulations, so she needed to bear part of the responsibility.
Wei Sili and Liu Yayun's house compensation division was decided.
However, this incident is a wake-up call for us.
In fact, there are countless cases like this in demolition incidents across the country.
The original homeowner chose to sell the house back then, but he didn't want the house price to increase dozens of times after a few decades, and he was remorseful and wanted to make a huge profit in the demolition money. So once it comes to house demolition, such cases will come out on a large scale.
And Liu Yayun's mother and son just found the loophole.
If the court decides that the contract is invalid, the buyer's interests will naturally be damaged, and some people will breed greed, which will lead to more people ignoring the spirit of the contract.
Therefore, for this type of case, Article 58 of the Contract Law of the People's Republic of China also makes corresponding provisions: after the contract is invalid or revoked, the property obtained by the contract shall be returned; If it cannot be returned, it shall be compensated at a discount, and Party B shall compensate the other party for the losses suffered thereby.
It is this legal regulation that has largely recovered Wei Sili's losses.
However, for such a result, many netizens did not buy it, they believed that Liu Yayun's mother and son enjoyed Wei Sili's help back then, bought their houses at a price higher than the market price, and helped them get out of trouble, and they should be grateful.
But instead of being grateful, they reversed themselves 15 years later and took Wei Sili to court. This kind of person who forgets his righteousness and has no spirit of contract can finally share the compensation, which will only fuel disgusting greed and make more people follow suit, which is the injustice of the law.
In fact, the significance of the law lies in objectively judging the incident, because in this way the matter can be handled fairly and justly to the greatest extent. As long as you make a mistake, you should bear the corresponding punishment, and Wei Sili's kindness back then cannot be the yardstick or basis for the law to judge this matter.
If the law is emotional, then it will only produce more and more "drama", and if the fairness and justice of the law are not maintained, it will only make more people hurt.
Therefore, sometimes, seemingly cold-blooded regulations are the book of heaven to truly defend our rights and interests!