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The court does not support the third party's purchase of the house that has not been transferred and has been preserved

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The court does not support the third party's purchase of the house that has not been transferred and has been preserved


        

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  • 2024-06-02 05:00:52

    If the third party's purchase of the house has not been transferred and preserved, the court can support the case if it is not due to the buyer's own reasons that the transfer registration has not been handled.
    In the execution of monetary claims, if the buyer raises an objection to the real estate registered in the name of the person to be enforced, it will be supported by the court only if the transfer registration is not handled for the buyer's own reason.
    [Legal Basis]
    Article 28 of the Provisions of the Supreme People's Court on Some Issues Concerning the People's Court's Handling of Cases of Objection to Execution and Reconsideration, in the execution of monetary claims, if the buyer raises an objection to the real estate registered in the name of the person subjected to execution, the people's court shall support it if it meets the following conditions and its rights can exclude execution:
    (1) Legal and valid written sales contracts have been signed before the People's Court seals them up;
    (2) Having legally possessed the real estate before the People's Court sealed it up;
    (3) The whole price has been paid, or part of the price has been paid according to the contract and the remaining price has been delivered for execution according to the requirements of the people's court;
    (4) The transfer registration has not been handled for reasons not attributable to the Buyer.

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