Two flowers bloomed, each representing a branch. Lin Ziyao was busy with Ke Ji's case, and Wu You also faced a new challenge.
Wu You received a case concerning disputes over illegal construction sales contracts.
The definition of illegal buildings, the views of the theoretical circles and the practical circles are inconsistent, this definition involves complicated legal regulations, and will not be discussed here, that is, to quote the definition of illegal buildings by Professor Wang Liming, a legal expert, that is, all "violations of laws and regulations "Buildings built in accordance with the prohibitive regulations" are illegal constructions, not only limited to construction laws and regulations, nor limited to public law and private law.
In addition, there is no law or regulation in our country that clearly defines illegal buildings. Only Article 64 of the "Urban and Rural Planning Law" stipulates that "construction projects that have not obtained a construction project planning permit or have not been carried out in accordance with the provisions of the construction project planning permit" Construction of "violations of the penalty. However, there are a large number of administrative regulations, departmental regulations, and local government regulations related to the regulation of illegal buildings. For example, the "Construction Project Quality Management Regulations" and "Construction Project Survey and Registration Measures", "Several Regulations on the Prohibition of Illegal Construction in Beijing" formulated by the Beijing Municipal People's Government, etc.
Therefore, whether it is the definition of illegal buildings that are widely discussed or the punishment of illegal buildings in my country's current legislation, they all agree that the reason why illegal buildings are illegal is because of their "illegal construction behavior", not the illegal buildings themselves.
Wu You's client, Peng Cheng, is the builder and seller of the illegal construction of the subject matter. He signed a sales contract with the buyer, Lin Tan, and agreed that Peng Cheng would sell to Lin Tan a set of properties under his name at 908, Building 7, City Garden, No. 83, Xueqian Road.
The property owned by Peng Cheng is on the top floor, so Peng Cheng added a floor to the top floor in violation of regulations. The original one-story house became a duplex house. When signing the house purchase contract with Lin Tan, Peng Cheng had already explained the situation to Lin Tan.
Lin Tan just took a fancy to the addition of the top floor to expand the usable area, and does not need to pay the purchase price according to the market price, killing two birds with one stone.
Peng Cheng and Lin Tan reached an agreement that the real estate with the title certificate would be sold at the market price of 40,000 yuan per square meter, and Peng Cheng¡¯s construction cost would be compensated at 10,000 yuan per square meter for the first floor that was stamped against the regulations. On the day the contract was signed, Lin Tan Tan paid a deposit of 100,000 yuan to Peng Cheng, and agreed that within seven days after the contract was signed, Lin Tan would pay 30% of the house purchase price, and the rest of the loan process would be completed within one month. At the same time, Peng Cheng cooperated with Lin Tan in the transfer of property rights formalities.
Seven days after the signing of the contract, Lin Tan still hadn't remitted the down payment to the designated account. Peng Cheng repeatedly urged him, but Lin Tan only said that one of his wealth management funds had not yet expired, so he asked Peng Cheng for another five days, and promised himself five days Afterwards, the first payment will be remitted to the account specified in the contract.
Peng Cheng was easy to talk to, so he agreed to Lin Tan's request.
But five days later, Lin Tan told Peng Cheng that he would not buy the house and would terminate the contract.
Peng Cheng thought, buying and selling is still up to you, so he also agreed to terminate the contract, but according to the contract, the 100,000 deposit paid by Lin Tan must be confiscated, and Lin Tan has to compensate Peng Cheng for breach of contract of 300,000 yuan according to the sales contract. gold. (Remember the site URL: www.hlnovel.com