王爱宏律师亲办案例
代持人擅自转让房产,权利人成功索回
来源:王爱宏律师
发布时间:2023-08-01
浏览量:637

Nominal owner on behalf of other people donated the house, the true owner get the house back successfully

基本案情:

原告是第三人是父亲,被告是第三人的妻子。2016年,原告位于某区的自建房被拆迁,以第三人的名义签订了拆迁协议,申购了案涉房产,其中购房款335246.67,全部用被拆房屋的拆迁补偿款支付。2019410,第三人办理了产权证。房屋交付后,原告对房屋进行了装修,之后原告夫妻、原告之女、第三人、原告外孙5人共同居住至今,房屋产权证也一直是由原告保管。20221,第三人在其明知案涉房屋实际系原告人所有的情况下,通过挂失的方式获取了不动产权证,并将案涉房屋过户至被告名下。原告通过起诉,主张案涉房屋所有权,一审判决支持了当事人的诉求。对方当事人上诉后,二审维持了一审判决。对方上诉后,2023719日二审法院判决驳回上诉,维持原判。

basic case:

The plaintiff ever had an house constructed by himself which was levied in 2016. In order to acquire more area of demolition and resettlement house, the plaintiff signed the demolition and resettlement agreements with the government in the name of third party who’s his son beside his name. The amount of the house purchased by the third party in accordance with the demolition and resettlement agreement is three hundred thousand yuan, which was counteracted with the compensation of his house demolished by the government. The third party got the certification of the house from housing and construction bureau on April 10th 2019. The plaintiff decorated the house after the delivery of the house. The plaintiff , his wife, his daughter and grandson, the third party have lived in the house since the house was decorated. The certification of the house was controlled by the plaintiff. Once the defendant knew there was a house in the name of the third party, she told the third party that she would marry him if he consented to donate the house to her, he admitted that.

Indicated by the defendant, the plaintiff announced the loss of the house certification on January 24th 2022, then they registered their marriage relationship at civil affairs bureau on February 10th 2022 and third party transferred the ownership of the house to the defendant without any consideration at real estate registration center on April 13th 2022.

不利因素:

1.根据当地的拆迁政策,第三人可以分户以自身名义签订安置协议购买安置房,很可能被认定为真正的权利人;

2.第三人向被告赠与的房产已经完成了过户登记,并办理了新的不动产权证书;

3.第三人和被告在婚姻存续期间的财产转让行为具有一定的合理性。

unfavorable factors:

1.It’s much probable to regard the third party as the true owner of the house rather than the plaintiff because the third party is the object of demolition and resettlement in accordance with the local policy.

2.The donation of the house was completed because the transference of the house has been registered in real estate registration center which is consistent with the characteristic of completing the real estate transference.

3. There’s a reasonable and appropriate fact about the transference during the period of the couple relationship existence.

应对措施:

1.综合许多细节性的事实进行分析,可以证明被告使用了欺诈的手段获得了案涉房屋。

2.案涉房屋支付的对价来自于原告自建房被拆除后的补偿款。

3.第三人获得案涉房屋的行为不符合善意取得的法律规定。

Coping strategies:

1.Synthesize many fact and analyze them, it could be proven that the defendant acquired the house by fraud measures.

2.The consideration of the house all results from the compensation of demolishing the plaintiff’s self construction house, the certification of the house is controlled by the plaintiff, the plaintiff’s family live in the house, all above could prove that the plaintiff is the true owner of the house.

3.The behavior of the defendant isn’t consistent with acquisition in kindness stipulated by laws.

裁判结果:

一审判决要求被告向原告返回房产,并配合办理过户手续,二审维持原判。

Judgement and arbitration award

The transference of the house between the third party and the defendant was void and the defendant must return the house to the plaintiff.


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