3 years ago, uncle of Zheng of old person of 8 a period of ten days lives to improve old age, sold the house of stay, the house fund that uses earnings next serves as hire, hire already lived old building. After the person that buy a house unexpectedly is taking property right testimony, tell the old person the court, consign of requirement old person moves this building. This removes Shanghai first be in with case of room provide for the aged mallet falls during the section that weigh this world is forthcoming, xu collected a court to reject Mr Zhou to ask Zheng uncle consign fastens the appeal that argues building and penalty due to breach of contract.
Old person of 8 a period of ten days sells a room to be about to raise natural span of life
Zheng Laobai this year 83 years old, live in Tian Lin new residential quarter. 3 years ago, the old person decides the house that lives his sells, the house fund that uses earnings pays rent. Via talking things over, the old person decides finally to sell the husband that is versed in to oneself hour Mr Zhou the house.
On May 16, 2005, zheng Laobai and week gentleman were signed " contract of Shanghai estate business " , conventional estate makes over money paid for something purchased or received for something sold to be 230 thousand yuan. In fact, this house price is in at that time under market price case. According to the contract, mr Zhou should serve as deposit 20 thousand yuan at paying a room cost on May 16, 2005, answer at of the same age 50 thousand yuan pay before November 20, and after Zheng Laobai is moved 45 thousand yuan pay inside 3 days, amount to the 50 ％ of house money total namely; 50 ％ are divided 4 times after pay, every half an year. Sign in the contract that day, both sides dealt with property right to change the procedures that register, obligee account Yu Zhouxian's unripe under one's name.
“ meets with unexpectedly with ” of room provide for the aged contradict oneself
This year on Feburary 28, zheng Laobai receives Xu to collect a piece of subpoena of the court unexpectedly, so Mr Zhou introduced to him dock, ask its are immediateness consign building, pay exceed the time limit penalty due to breach of contract.
On the court, zheng Laobai declares he is Gu repeatedly old, the department contends for a building is his exclusive housing, lose a house to be equal to lose exclusive corporeal safeguard, mr Zhou paid 20 thousand yuan of deposit only with respect to change the name of owner in a register, it is with paying little share money takes up building, the payment of after this also is to pay in installment, to an old people, probably half an year is likely also do not wait, accuser is conceal illegal destination with legal form. So called “ sells the old person room ” is not true meaning expresses, just want to through this means a bit money can improve the life.
Original, both sides is in before signing building business contract, ceng Dacheng is tacit, namely the old person still lives in this house after the building sells, just pay hire every months to give Mr Zhou, allow “ to sell just sell a house and not change goes, buy buyer to buy a house and do not enter ” . Both sides still made conventional ——“ press every months in clause of break a contact at this point 1500 yuan (chummage) , buckle ” from inside house money, in the contract, both sides tries to explain in collateral requirement. But now Mr Zhou contradict oneself, zheng uncle manner is determined, do not agree to move from this building, ask cancel this contract.
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