The unit welfare housing was not transferred in time, thirteen After the year, the real estate demolition involved in the case triggered a lawsuit to confirm the right, and the prosecutor filed a protest after careful review——

The house is a big deal, so you can't be careless

Huang Li

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    "He Dongsheng and his wife have all got the keys to their new house, and they will move to their new house soon." two thousand and fifteen year twelve month twenty-nine On the morning of Sunday, Xiao Fan, Procurator of the Civil Administrative Procuratorate of Hefei Procuratorate, Anhui Province, received a congratulatory phone call from a leader of an engineering company in Chaohu City, Anhui Province. He Dongsheng, an employee of the engineering company, applied to Hefei Procuratorate for case supervision and appealed against the issue of house ownership confirmation. As the prosecutor accepting the case, Xiao Fan believes that the case not only involves issues left over by history, but also has gone through the first and second trials for a long time. However, the house is a major event in everyone's life, so Xiao Fan decided to seriously review the case.

    Welfare housing shared by employees

    2014 year nine In June, He Dongsheng, the applicant of the protest, submitted an application for civil supervision to the Hefei Municipal Procuratorate, requesting supervision of the final judgment of the court on his case of house ownership confirmation in accordance with the law. The undertaking prosecutor learned that He Dongsheng, the respondent Li Ru and Wang Dezhu were employees of an engineering company in Chaohu City by reviewing the relevant facts, reasons and court judgments provided by He Dongsheng in his application. one thousand nine hundred and ninety-three In, the engineering company implemented the housing distribution system reform according to the national policy at that time, and the public housing belonging to the engineering company ( Commonly known as welfare housing ) It is allocated to individual ownership of unit employees. Wang Dezhu, then head of the unit ( late ) With his wife Li Ru, they got a house. After the housing reform, Wang Dezhu and Li Ru applied for property ownership certificates.

    1998 In, in order to improve the housing of employees, the company built another fund-raising housing and decided to sell it to the employees at cost. According to the national housing reform policy of "one house, one household", the employees who buy the house must return the original welfare house to the company. Li Ru then took the original welfare house two point five It was sold to the engineering company at a price of 10000 yuan, and then two point five Ten thousand yuan was discounted when Li Ru bought the house, and Li Ru paid the original price seven point five 10000 yuan, actual payment five The later houses were purchased at a cost of 10000 yuan. two thousand and two year one In April, the engineering company two point five Wan Yuan gave He Dongsheng the original welfare house returned by Li Ru, and He Dongsheng has lived here ever since.

    For various reasons, the property transfer formalities of the welfare house have not been handled, and the property is still under Li Ru's name. However, after Li Ru sold the welfare house, she returned the property certificate to the company. Later, Li Ru used the name of a child's school to write a debit note to borrow the property certificate, which has never been returned.

    Demolition triggered a lawsuit for confirming rights

    2010 year five In September, in the construction plan of Chaohu City, the welfare house where He Dongsheng lives is within the scope of demolition. According to the regulations, the house within the scope of demolition cannot go through the property right transfer procedures. Therefore, on the issue of compensation for demolition and resettlement, Li Ru sued He Dongsheng to the court and asked the court to confirm that the welfare house belonged to Li Ru based on the property certificate. After responding to the lawsuit, He Dongsheng submitted the minutes of the meeting for housing distribution at that time, the allocation plan for housing construction with funds raised, the receipt for housing purchase, the IOU for Li Ru to borrow the property certificate, and the engineering company's two thousand and twelve year three Relevant evidences such as the information on Li Ru's house property issued to Chaohu Municipal Government and the Headquarters of Large scale Construction in August, the statement that the welfare house within the demolition scope belongs to He Dongsheng, and the house property certificate should be changed but not changed, but the court confirmed that the welfare house was owned by Li Ru on the grounds of insufficient evidence for replacement of the house.

    He Dongsheng objected and applied for appeal and retrial successively. However, in the judgment of the court of second instance and the ruling of the retrial court, He Dongsheng also rejected his appeal and retrial application because he had no sufficient evidence to prove that the project company had taken back the property right of the house and the property right registration was confirmed to be owned by Li Ru.

    After understanding the case, the undertaker found that the judgment of the court was not improper. The property certificate held by Li Ru was a strong proof of property rights. These years, they could have handled the transfer formalities at any time, but they did not. It is fair for the court to make a judgment based on the property certificate.

    After the Hefei Municipal Procuratorate accepted He Dongsheng's appeal, his unit also sent people to the court to reflect the situation. It turned out that the case seemed to involve only the interests of He Dongsheng, but in fact it involved many employees of the company. In that year, there were more than 10 households like Li Ru who bought the housing after handing over the welfare housing, and the returned welfare housing was subsequently distributed by the engineering company to more than 10 employees such as He Dongsheng. At that time, more than ten households who had purchased the housing for raising funds and handed over the welfare housing did not file a lawsuit like Li Ru to confirm that the welfare housing belonged to them, but they were all watching. After all, the property rights of the housing were still in their names. If Li Ru could really take back the welfare housing, why would they not do so. He Dongsheng, the employee who lives in the welfare house, has bought the welfare house, but the house property is registered in the name of others. If the court decides, what should these residents do ? As both employees of the company and housing reform and housing distribution, some people cannot buy one house and occupy two, while others spend money but have no room to live in.

    Property right is not changed for some reason

    After the undertaker reported to the leader, the Civil Affairs and Banking Office of Hefei Procuratorate discussed the case and agreed that although the property transfer formalities had not been completed, multiple evidences confirmed that the welfare housing was indeed distributed to He Dongsheng through the housing reform, and He Dongsheng did pay for the purchase. How can this fact be ignored ? If the ownership of the welfare housing is confirmed by only one property ownership certificate that should be changed but has not been changed in time, it is inevitable that this is contrary to the facts and unfair, and a protest should be filed. two thousand and fourteen year twelve At the end of this month, the Hefei Municipal Procuratorate submitted a protest to the Anhui Provincial Procuratorate, which expressed support, but requested further investigation of the facts of the case.

    2015 Year 3 Month 6 day , the deputy director of the Civil Affairs Department and the undertaker went to the engineering company Before and after the year, the welfare housing and fund raising housing allocated by the engineering company were investigated and verified respectively with the then deputy general manager, secretary, accountant of the engineering company and the old employees who shared the welfare housing with He Dongsheng, all of which confirmed the authenticity of the housing allocation policy formulated by the engineering company at that time and the fact that the property right change was not registered for some reason.

    Anhui Provincial Procuratorate two thousand and fifteen year three month twenty-eight The civil administrative protest was submitted to the Anhui Provincial High Court on July 1. In the protest, besides citing a number of evidences : "The IOU indicates that Li Ru once lent the ownership certificate of the welfare house from the engineering company because her children went to school. On the one hand, Li Ru claimed that she had not returned the welfare house to the company, but on the other hand, she used the 'IOU' method to take away the house property certificate registered in her name from the engineering company, and her claim and behavior contradicted each other..." The Anhui Provincial High Court in five month twelve The court made a civil ruling on July, instructing Hefei Intermediate Court to retry the real estate dispute case. nine month twelve After the hearing of Hefei Intermediate Court, ten month fifteen The final judgment was made on August,, The original judgment of first instance and second instance was rescinded, and Li Ru's claim was rejected.

    11 Month 2 day He Dongsheng and his unit leaders arrived at the Hefei Municipal Procuratorate, and sent a banner to the procurator of the Civil Administration Department.

    The case was successfully settled, but considering Li Ru's family was relatively difficult, the prosecutor suggested the engineering company to give Li Ru some necessary help and care, and the engineering company readily agreed.

    ( The characters in the article are pseudonyms )