Case description:

The plaintiff weeks in 2001, XX lawsuit January 31, if the plaintiff accused XX housing development Co., LTD. Situated XXX road XX tower purchase YingYeFang chamber house X X 50.325 square meters, the unit price for every square metre, 23280 yuan RMB for 1171566 stage. In conclude when the contract that buy a house to pay 40 percent 468626 plan for the $60, mortgage loan. Contract until 30 June 2001 consign is used, but in June 2002, 26 weeks XX conduction house property card is only found YingYeFang 40.42 square meters, less than the contract of 9.905 square meters. Therefore, the plaintiff, the people's court to XX file a civil lawsuit, order the defendant requirements for the price of a shortage of house times and interest.

The defendant XX housing development Co., LTD, the contract argued 50 square area is temporary, both parties agree to the final determination of the area, so that there is no error. Besides, both sides has already claim, the settlement of the purchase, the original, pay the behavior between the defendant has performed, the plaintiff and claim for compensation obviously against the honesty and credit principle, please court reject the plaintiff's action requests.

Agent:

According to the supreme people's court, in the contract of commodity house business disputes legal problems in the interpretation of the 14 regulations, betray a person to consign use of... "The house is less than actual area of contract, the area than in error within 3 (3%) part of the price and return to the buyer by the seller interest than over 3%. Area error part by betray a person to pay double prices buyer. But only a defendant, return not refunded. Another times This explanation applicable on January 1, 1995, the real estate law enforcement after the conclusion of the contract of commodity house business disputes. So the plaintiffs claim refund society.it rights.

Second, the defendant, to settle accounts that when the plaintiff has to agree and sign, and that the plaintiff claim that the defendant from balance of debt, and he shall not be entitled to demand the defendant in the responsibility. This agent has different views:

1 and when is the balance of accounts shall be refunded.

2, the parties may have agreed the termination of any rights and obligations.

3 and clearing time in 2001 and July 9, the plaintiff prosecution in on May 26, 2004, the limitation of action in two years.

Third, the defendant shall return the other times properly

1 and when the order contracts within the area of the room to provide 50.325 square meters, the defendant shall know oneself of XX tower 5 buildings built YingYeFang room 105 more than 40 square meters area only truly, can sell when 50.325 square meters, which sold the plaintiff is fraud, cheat house.

2, the plaintiff 50.325 order YingYeFang square meters, said he is true meaning can only 40.42 square meters, the delivery against the plaintiff subjective apiration of breach of duty, should also.

3, as YingYeFang 50.325 square meters, the actual value of the use value than 40.42 square meters. But, for YingYeFang benefit is permanent loss area, make compensation is reasonable.

In conclusion, the plaintiff shall have the right to claim YingYeFang reduce 9.905 square meters of area of interest payments and other times of return.

The verdict:

According to the supreme people's court on the trial of the dispute of contract of commodity house business case applicable law the explanation of some of the first item (2) of article 14 of the regulations, decisions are as follows:

A, the defendant XX housing development Co., LTD. In this judgment shall, within ten days of the week paid $XX houses 160748.4 properly error and interest (interest from June 7, 2004 to bank interest)

Second, the fee for accepting the case 5013 RMB yuan, other litigation cost RMB 100 yuan, by the defendant.

Zhejiang LianYing lawyer  firm

He LianYing