Does China Judgment Document Network Yulin Huaqing Real Estate have a land certificate?
The plaintiff Yulin Huaqing Real Estate Development Co., Ltd. claims that our company is the developer of "XX Garden Residential Quarter" in Jingbian County, and obtained the Pre-sale Permit of Commercial Housing in Jingbian County and other documents on October 20 1 1. Our company is not only the owner of the community, but also the only legal seller of the community. On July 20 17, our company found that the defendant lived in Room 22 1 Room 2, Unit 2, Building XX Garden 1, and the house was not sold by the plaintiff. Later, it was learned that the defendant moved into the house from April 2065438 to April 2006, but did not sign a house sales contract with our company or pay the house price to our company. There is no relationship between the two sides. As the owner of the house involved, our company enjoys absolute rights, and the defendant has no right to possess it. The defendant shall immediately vacate the house and compensate the plaintiff for the losses during the occupation. Now please inform: 1, and request the people's court to order the defendant to vacate immediately and return the house at Room 22, Unit 2, Building XX Garden 1; 2. Request that the defendant be ordered to compensate for the loss of the occupied house, starting from April 20 16 and ending with the return of the house, at a monthly rate of 1000 yuan, specifically calculated until the house moves out; The litigation costs in this case shall be borne by the defendant. The plaintiff submitted the following evidence to the court: the first set of evidence, a copy of the business license 1 copy, and a copy of the five certificates of the project 1 copy, which proved that the house involved was developed by the plaintiff, the house was not sold and the plaintiff enjoyed the ownership of the house according to law. If the defendant illegally occupies the house, the plaintiff has the right to ask the defendant to return it in the air. Defendant Hui Jingfeng argued that there was a contract relationship between the plaintiff and the defendant for the sale of commercial housing. Both parties signed the Commodity House Purchase and Sales Contract on 20 16129/0/6129/0, and paid off all the house price, and took over and renovated the house. The defendant obtained the legal rights of the house involved in the case according to law. There is no premise of illegal occupation or empty return. Therefore, the plaintiff's claim should be rejected according to law. The defendant submitted the following evidence to the court: Group I: a commercial housing sales contract, which proves that the plaintiff and the defendant signed the commercial housing sales contract on 2065438+2006129, and the defendant obtained the facts of the property involved. Group 2: A receipt. Prove the fact that the defendant paid 543744 yuan to the plaintiff. The third group: the resolution of the shareholders' meeting, the power of attorney, and the joint venture and cooperative real estate development contract, which prove that Ren Moumou has the right to defend the fact that the company signed the contract and sold the house according to law. Group IV: XX Garden Owners' Convention, XX Garden Signing Document, XX Garden Decoration Fire Safety Responsibility Letter, XX Garden Owners' Payment Form and a water bill, decoration deposit of 3,000 yuan, overhaul fund, natural gas, cable TV initial installation, six-month property fee, electricity fee and decoration garbage disposal sheet, which prove that the defendant has actually taken over the house and actually used it. In this case, the plaintiff applied for appraisal, and appraised the resolution of the shareholders' meeting, the power of attorney and the seal in the original. Appraised by Shaanxi Blueprint Judicial Appraisal Center, it is considered that the seal of "Yulin Huaqing Real Estate Development Co., Ltd." in the resolution of the shareholders' meeting and the sample seal of "Yulin Huaqing Real Estate Development Co., Ltd." are formed by the same seal. It is considered that the seal of Yulin Huaqing Real Estate Development Co., Ltd. and the sample seal of Yulin Huaqing Real Estate Development Co., Ltd. are not formed by the same seal.
The judgment is as follows: 1. The defendant Xue Fanchun and the third party Song Lianjun immediately stopped infringing on the shop house on the first floor of Huaqing Yayuan owned by the plaintiff Jingbian Huaqing Real Estate Development Co., Ltd. within ten days after this judgment came into effect, and delivered the house occupied by the plaintiff Jingbian Huaqing Real Estate Development Co., Ltd. to the plaintiff Jingbian Huaqing Real Estate Development Co., Ltd. for management and use. Two. Other claims of the plaintiff Jingbian Huaqing Real Estate Development Co., Ltd. were rejected .. The case acceptance fee was 862 yuan, which was borne by the defendant Xue Fanchun and the plaintiff Jingbian Huaqing Real Estate Development Co., Ltd. was 362 yuan.