Li Xiaohua Law Firm wins the case involving property execution as an agent

2025-02-10



1、 Case Introduction

The commercial housing and underground parking space purchased by Yang Deming with a full payment of 8 million yuan have been delivered and actually occupied and used, but before the transfer registration could be processed, they were seized by the court due to the execution of a case involving the developer.

Lawyer Ma Dehui's representative,Application for Objection to Execution,Compulsory execution of housing.Confirm that the property and underground parking spaces involved in the support case belong to the objector - Yang Deming.


2、 Controversy Focus
Was the transfer registration not processed due to the buyer's own reasons?

According to Article 28 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Execution Objections and Reconsideration Cases by People's Courts", in the execution of monetary claims, if the buyer raises an objection to the immovable property registered under the name of the executed party, and its rights can be excluded from execution under the following circumstances, the people's court shall support it.


3、 Lawyer representation

Lawyer Ma Dehui proposed that the evidence materials submitted by the objector to the court, such as bank transfer vouchers and real estate registration books for the "Shanghai Pre sale Contract of Commercial Housing" and "Shanghai Sales Contract of Commercial Housing", meet the requirements of Article 28 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Execution Objections and Reconsideration Cases by People's Courts". Yang Deming has the right to raise objections to the execution of the house involved in the case.


4、 Court ruling

The court holds that,The property rights involved in the case were not transferred due to Yang Deming's own reasons rulingSuspend the execution of the property involved in the case to suspend the execution of the property involved in the case。


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