1、 The couple signed a sales contract and paid 8 million yuan in full, but after moving in, the house was seized by the court

A couple over sixty years old signed a purchase contract with a real estate developer, purchasing a total of 8 million yuan worth of commercial housing and underground parking spaces. After signing the contract, the couple paid the full amount of 8 million yuan and actually moved in and used the property. Due to her husband's hospitalization for asthma, cholecystitis, and lung infection, she was unable to complete the transfer procedures and was subsequently seized by the court due to the execution of a case involving a real estate developer.

The elderly couple are impressed by the fact that Shanghai Li Xiaohua Law Firm is a team led case handling model consisting of senior lawyers, law professors, law doctors, law masters, and National People's Congress deputies. The law firm team has handled many litigation cases with significant influence in Shanghai and even across the country, which have been accepted by the Supreme People's Court and various higher people's courts. They have hired Ma Dehui, a senior lawyer at Li Xiaohua Law Firm, as their representative.

2、 The lawyer investigates and collects evidence, and provides a proxy opinion, which is adopted by the court to make a ruling: suspend the execution

The applicant for enforcement believes that in the case of a dispute over a pre-sale contract for a commercial housing with a real estate developer, the court has already concluded the case and issued a civil mediation agreement. The applicant for enforcement has the legal right to claim the purchase price of the other property and has the right to apply to the court for seizure. As the purchaser of a separate property, the applicant for enforcement has the right to apply to the court for sealing, freezing, and other enforcement actions in accordance with Article 206 of the Civil Procedure Law of the People's Republic of China. However, due to the debtor's refusal to fulfill their obligations under the mediation agreement, the applicant for enforcement has already submitted an application for compulsory enforcement to the court.

Summarize the focus of controversy:
1. Has the applicant not completed the transfer registration due to their own reasons?

2. Does the applicant have the right to expect property rights?

Lawyer Ma Dehui believes that 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 creditor's rights, if the buyer raises an objection to the real estate registered under the name of the executed party and meets the following conditions and their rights can be excluded from execution, the people's court should support it:

（1） A legally valid written sales contract has been signed before the People's Court seals it up;

（2） The immovable property has been lawfully occupied before being sealed by the people's court;

（3） The full price has been paid, or a portion of the price has been paid as agreed in the contract and the remaining price has been delivered for execution as required by the people's court;

（4） Failure to complete the transfer registration is not due to the buyer's own reasons.

Lawyer Ma Dehui wrote and submitted an "Application for Objection to Enforcement" to the enforcement court, applying for the enforcement court to terminate the compulsory enforcement of the property of the elderly couple as objectors in accordance with the law, lift all compulsory enforcement measures against the property and underground parking spaces involved in the case, and confirm and support the ownership of the property and underground parking spaces by the objectors - the elderly couple in accordance with the law. There is no evidence to suggest that the reason for the non transfer of ownership was due to the developer's fault. In fact, most of the same residential areas in this case completed the transfer registration in early 2023, and the reason why outsiders did not complete the transfer was due to their own reasons.

The evidence materials submitted by Lawyer Ma Dehui as an agent to the court, including the "Shanghai Pre sale Contract for Commercial Housing", "Shanghai Sales Contract for Commercial Housing (Non Residential Housing)", "Notice of House Delivery", "House Handover Letter", bank transfer vouchers, Shanghai VAT ordinary invoices, collection receipts, payment vouchers, discharge summaries, property project fee receipts, real estate registration books, etc., are sufficient to prove that the objector meets 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".

The objector - the elderly couple had already signed a legal and valid written housing sales contract with the real estate developer before the court seized the property, paid the full amount of the house price, and legally occupied and used the property. The real estate developer of the executed party did not notify the elderly couple to handle the transfer procedures after obtaining the property certificate. In addition, the elderly couple were hospitalized from April 2023 to January 2024 due to asthma, cholecystitis, lung infections, etc., and were unable to complete the transfer procedures. Therefore, the elderly couple has the right to raise objections to the execution of the property involved in the case.

After examination, the court believes that, based on the facts ascertained in this case, the court has lawfully confirmed the fact that the third party claimed that they had signed a legal and valid written sales contract with the executed party before the court seized the property, legally occupied the property involved in the case, and paid the house price in accordance with the contract. At the same time, the court confirmed in accordance with the law that the property rights of the house involved in the case were not transferred due to external parties - the elderly couple themselves.

In summary, the objection request of the elderly couple, who are not involved in the case, has legal basis and is supported by the court in accordance with the law. Adjudicate the suspension of the execution of the property involved in the case.

3、 All the properties on the court's waiting list for seizure have been unfrozen, and the client has finally obtained the property ownership certificate

According to Article 209 of the Civil Code of China, the establishment, modification, transfer, and termination of real estate rights shall become effective upon registration in accordance with the law; Without registration, it shall not be effective, except as otherwise provided by law. Therefore, it is necessary and important to promptly handle the transfer registration after buying a house. If the transfer registration is not processed for a long time and the property rights of the purchased property are left uncertain, it will put it at risk of property disputes.

Lawyer Ma Dehui learned from Pudong Court that the other two applicants for enforcement have the right to apply to the court for sealing, freezing and other enforcement of the property. Due to the refusal of the real estate developer to fulfill their obligations according to legal documents, the applicants for enforcement have already applied to the court for compulsory enforcement. Lawyer Ma Dehui once again raised an objection to the execution to the Pudong Court Enforcement Bureau and received their support, adopting the lawyer's representation opinion.

On August 29, 2024, the elderly couple obtained the "Real Estate Ownership Certificate" from the Pudong New Area Real Estate Registration Office, with a building area of 160 square meters.

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4、 Lawyer's Proverbs
Lawyer services play a crucial role in the real estate industry, covering all aspects from project initiation to ownership registration, providing comprehensive legal protection and consulting services for real estate developers and buyers. Lawyer services play an indispensable role in various aspects of the real estate industry, providing legal protection and risk control for real estate development and transactions, ensuring the healthy development of the real estate market and the legality of transactions.