Such lawsuit is in Yong Jiafa courtyard is the first, also compare in other court scarce.
The instead with high offer a price was not bought
Letting those who touch war both sides is so big is always of a of area of fine county center 7 layer buildings business room. 2005, always some company signed the droit person of fine Laocai and building of this business affairs to rent an agreement, make clear on the agreement, laocai leases next buildings is a business affairs guesthouse, lease 10 years.
Feburary 2006, old Cai Xiang buys this next buildings simply, the company agreed. Both sides talks about decided value is 6.5 million, later, old Cai respect plans market fund.
To September 2006, laocai was informed this company suddenly to had signed building business contract with factory of a valve.
Let Laocai decide to want to do the business to the court finally, it is he understands about this house clinch a deal the price unexpectedly just 2.5 million, with them at the outset make a price differs fully 4 million.
Laocai's idea is, if the court supports him preferential buy right, he is also can with same price, namely 2.5 million, buy this house?
The court sentences business conduct to disable
The day before yesterday, yong Jiafa courtyard removed lawsuit to make first instance adjudicate to this. The court decision has two meanings, it is Laocai has really preferential buy right, because this did not get Laocai agrees, landlord and the building business deed that buy domestic valve plant are invalid; The 2nd 2 requirements that are Laocai, also should use 2.5 million buy this next houses, also cannot support.
Tenant is had preferential buy right, there is a regulation inside civil code general rule and contract law actually. According to the regulation, "Lessor sells rental house, should shift to an earlier date 3 months inform tenant, tenant falls in coequal condition, enjoy preferential buy right " . In this case, if the bade of Laocai and valve factory is equal, so should preferential sell Laocai.
So why old Cai You cannot with 2.5 million buy this next houses? The court is checked solid this price is be bored with of cat having a place actually, assess value under the market of this building far, estimating both sides is to avoid duty just was done so written price is kept on the agreement, so the transaction value of the building also cannot be a standard with this.
Outspread read
1. is not respected " preferential buy right " consequence is very serious
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