Shandong* *Law firm accepted the plaintiff in the case of land* *Commission, appointed me as his agent.According to the provisions of relevant laws and the facts of the case and make the following agents:
One, based upon the land* *Submit* * *Article0110009087Number of all housing, Hou* *The civil petition,* * * *People's Government*The referendum word (2011) article3Written decision of administrative reconsideration, the defendant has made a week* *, Hou* *The specific administrative act for the housing transfer, the plaintiff shall not exceed the provisions of the administrative procedure law of aging.
Two, according to submit the evidence the plaintiff, agent that can confirm the fact:
1, week* *In order to be located inHu JintaoMarket East2Street66On the property right certificate No.* * *Article0105002501Housing transfer to the Hou* *Once in2009Years11The month and Hou* *The common application about the housing transfer to the defendant.
This fact by the following evidence:The defendant of administrative reconsideration defense, "the respondent after the acceptance of the application, has received* * *The people's courts and* *County People's court sealed in the housing legal documents".;
The first instance civil judgments, thatThe plaintiff to apply to the people's court time;
③* * * *The people's court to the king of the staff* *The interrogation record, King* *That week* *And the princes**2009Years, I board for the sale of housing transfer, the acceptance of the application be my bureau;
④* * * *The people's court for weeks* *The interrogation record, week* *Said2009Years11Month18Day I and Hou* *With the real estate certificate of land certificates and documents I would buy the house on to the property card processing hall, in the real estate bureau I and Hou* *Signed housing contracts of sale, transfer of registration inquiry list, the transfer of housing ownership registration application form be, becauseThe plaintiff to apply to the people's court at2009Years12In August, and between the above evidence can confirm each other, enough to prove2009Years11In the week* *And the princes* *The common application about the housing transfer to the defendant.
2, the plaintiff in the case that the trading behavior of two people violated his preemptive right, the defendant for weeks* *, Hou* *For the completion of the housing transfer procedures, bring a civil lawsuit to the people's court.The case by the final week, confirm* *And Hou* *Between housing sale contract, while recognizing that the plaintiff Lu* *Have the purchase priority to the same conditions in the housing rights.
This fact by* * * *The people's Court (2010)* *The people at the beginning of the word no.44Number and* * *The people's Court (2010)*Five people with the word no.163Evidence of civil judgment.
3After the trial,, week* *Understanding of the relevant legal provisions, combined with the* *Intermediate people's court final judgement, decision will be involved in the houses sold the land* *.Two people have signed housing contracts of sale, land* *Also according to the contract will purchase payment to the week* *.* * * *The people's court that day will be involved in the house2010Years9Month13Day, week* *Proposed withdrawal and hou to the defendant* *The transfer application, and with the land* *Jointly apply for the transfer, but the defendant did not agree.
The fact that You Youzhou* *Signed with the land* *Housing sales contracts, the land* *Payment for the week* *Certificates, application, week**21.8Million receipt,* * * *The people's court for Wang Gang, week* *The inquiry record to prove it.Week* *And the land* *Housing sales contracts, the land* *Payment for the week* *Certificate, apply for the court to obtain, and by the week* *In the signature confirmation* * * *For the people's court for Wang Gang, Wang Gang said my bureau after the acceptance of the application for mvp,2010After years of litigation, Hou* *Requirements for end transfer procedures.Week* *And the land* *For the transfer of registration of the proposed an objection, week* *Also requires the revocation of the registration of the transfer, because the Hou* *No, one cannot undo.We according to the review results presented* * *Article0110009087Property certificate; week* *In the interrogation record says: when IProposed withdrawal and hou to the defendant* *Housing transfer registration, the housing sold to the land* *, the defendant did not agree, do not let me withdraw.The above evidence to confirm each other, to prove the facts.
Three, the defendant submitted2010Years10Month21DayThe transfer application procedures, to prove the week* *, Hou* *The common application of transfer.As a matter of fact,2010Years10Month21DayWeek* *Have not been to the defendant.
The evidence submitted by the defendant, on the surface looks can be proved.But because of the special nature of this case, the evidence is not enough.Firstly, according to the facts"1", week* *Once in the2009Years11The month and Hou* *The common application about the housing transfer to the defendant, the defendant has accepted.Can be seen at the time of week* *The defendant signed and submitted the sameTransfer registration inquiry list, the transfer of housing ownership registration application form, the court's investigation, week* *Also personally confirm the above tables2009Years11Month18Day signed; second,Week* *In the* *The court after the final judgment, decision will be involved in the houses sold the land* *.Two people have signed housing contracts of sale, land* *Also according to the contract will purchase payment to the week* *.2010Years9Month13Day, week* *Also proposed the withdrawal and hou to the defendant* *The transfer application, and with the land* *Jointly apply for transfer.Unless there is a major event, week* *Impossible to hou to assist with only a month later* *Transfer.The key is, until2011Years4Month27The court asked the day, week* *Insist that2010Years10Month21No day visited the defendant.Once again, Wang Gang inInterrogation record says: my bureau after accepting the application for mvp,2010After years of litigation, Hou* *Requirements for end transfer procedures.Week* *And the land* *For the transfer of registration of the proposed an objection, week* *Also requires the revocation of the registration of the transfer, because the Hou* *No, one cannot undo.We according to the review results presented* * *Article0110009087Property certificate,The defendant in administrative reconsideration reply book mentioned: the respondent received notice after lifting attachment to resume, and complete the transfer of registration".The above evidence implies two in between the lines2010Years10Month21The day of the week* *Have not been to the defendant.
Four, based on the above facts, which shows the defendant for third weeks* *, Hou* *The illegal evident in the housing transfer procedures.
2010Years9Month13Day, week* *Proposed withdrawal and hou to the defendant* *The transfer application, the defendant did not agree.The defendant's actions violated the "housing registration measures" article twenty-first, the building registration authority will apply for the registration records of housing registration, the applicant may withdraw the registration application.
In the week* *Proposed withdrawal and hou to the defendant* *After the transfer application, the defendant violates week* *True meaning, to2010Years10Month21Day in the week* *Without the presence of the force, for the housing transfer procedures, in violation of the provisions of article twelfth of the "housing registration", to apply for housing registration, shall be made by the relevant parties jointly apply for.
These facts and the law, agent that, the defendant's conduct of breach of privilege.Suggested that the collegiate bench judgmentTo revoke the defendant Hou* *Award* * *Article0110009087Housing property certificate.