Zhongcheng Qingtai Real Estate Perspective: Civil Air Defense Parking Space and Property Parking Space Same Price Different Rights Price Return
Published:
2020-08-03
Brief of the case
In June 2018, Hu and Company A signed the Agreement on the Use of Underground Parking Spaces in XX Residential Quarter, agreeing that Hu will purchase the right to use parking spaces in XX Residential Quarter from Company A. The parking spaces will be located at B015 parking spaces in Phase I of the parking lot on the first floor underground of the residential quarter, and the transfer price of the right to use parking spaces will be RMB 205000 yuan. Regarding the service life of the parking space, both parties agree that the service life of the parking space is the same as that of XX residential area. Regarding the agreement on the right to use the parking space, Hu confirmed that before signing the agreement, he had known that the parking space was a civil air defense project, and this agreement only transferred the right to use the parking space and could not handle the ownership registration. Regarding the payment method, the two parties agreed to pay in installments, specifically: when the two parties signed this agreement, Hu paid 50% of the transfer fee of the right to use the parking space to the defendant A company, totaling RMB 102500, and promised that the remaining 50% of the transfer price of the parking space would be paid by November 30, 2019, overdue, company A has the right to confiscate the parking space paid by the plaintiff and all the parking space paid at the same time as liquidated damages to Company A, and Company A has the right to dispose of the right to use the parking space on its own. With regard to the handover of parking spaces, the parties agreed that the defendant would complete the delivery of the parking spaces by December 31, 2020, and that the plaintiff would have the right to postpone the delivery of the parking spaces if the defendant did not pay them in time. In addition, the parties also agreed that the plaintiff should pay a property management fee of 100 yuan per month. After Hu mou sued company a on the grounds that "the civil air defense parking space cannot handle the property right certificate, so it is only equivalent to renting the parking space for a long time, so it is obviously unfair" and appealed to the people's court to revoke the agreement on the use of underground parking spaces in XX district.
court decision
In the Agreement on the Use of Underground Parking Spaces in XX Community provided by Defendant A, although there are defects in the contract terms with the same service life as that of the residence, the legal consequences caused by the defects actually increase the liability of Company A and do not harm the legitimate rights and interests of the plaintiff Hu Mou. When the plaintiff Hu mou entered into the contract, he knew or should have known all the terms and legal effects in the agreement on the use of underground parking spaces in XX district, but he still voluntarily signed the contract when buying the house, paid part of the fees according to the contract, and applied for cancellation on the grounds of major misunderstanding and obvious unfairness after the contract was established, which also violated the principle of good faith. And the "the People's Republic of China Anti-Unfair Competition Law" abolished the illegal provisions on bundling sales, and the price of parking space sales and leasing in my country follows the market, and the government does not guide pricing. At the same time, there is no evidence to prove that the defendant company a has a monopoly position in the commercial housing market in the same area, and there is no evidence to prove that the plaintiff Hu mou was coerced by the defendant company a when signing the parking space use agreement. therefore, the plaintiff Hu mou lacks factual and legal basis for fraud, coercion, major misunderstanding and obvious unfairness in the agreement on the use of underground parking spaces in XX community, not adopted.
legal analysis
(I) on the distinction between civil air defense parking spaces and property rights parking spaces
In general, underground parking spaces are divided into two categories: property parking spaces and civil air defense parking spaces. Among them, the property right parking space mainly refers to the underground garage built by the developer, and the developer obtains the garage property right separately. In this case, the developer can entrust the property company to rent and sell the parking space; the civil air defense parking space is the planned parking space of the civil air defense project, according to the principle of "who invests, who benefits" in the legislation of the property law and the people's air defense law, It can be used by the owner without hindering the air defense function and meeting the needs, and according to the agreement to charge a certain fee, developers only have the right to use, do not have property rights.
(II) on the pricing of civil air defense parking spaces
According to the pricing scope stipulated in the "the People's Republic of China Price Law", the price of parking spaces in the community does not belong to the government's pricing, and the market-adjusted price is implemented. The operator can set the price independently and clearly mark the price according to the regulations.
(III) on the format clause, and the identification of fraud and material misunderstanding.
As discussed above, the pricing of parking spaces is generally determined by the operators themselves, and because of the special nature of civil air defense parking spaces, in reality, the buyer or lessee may make demands due to such issues as "too high price", "inability to handle property right certificate" and "high risk", believing that the operators have provided standard contracts, fraud and major misunderstanding, and then demand to cancel the original sales or lease contract and return the price.
According to the case analysis, there is no uniform applicable standard to judge the above situation, which is generally determined by combining the behavior ability of the parties, the real estate market policy in the same period, the market price trend in the same period and other factors. For example, (2018) Ji 10 min zong No. 5427 judgment held: "according to general trading habits, before paying the parking space payment and signing the purchase contract, the current situation, price and related procedures of the purchased house and parking space shall be carefully weighed according to common sense, and the market situation of the surrounding parking space shall be fully understood and known. To determine whether the actor has a major misunderstanding or apparent unfairness at the time of signing the contract, it should be comprehensively identified in the light of the parties' ability to act, the real estate market policy of the same period, the market price trend of the same period and other factors, and it is not appropriate to isolate and separate the judgment from a specific period and background. The mere inability to register ownership does not affect the validity of the Agreement on the Right to Use Underground Parking Spaces and the transfer of the right to use parking spaces." Another example is (2019) Liao 0293 Minchu No. 1387 judgment that: "since the use price of parking spaces has been agreed upon by both parties at the time of signing the contract, the use price of parking spaces has been clearly agreed upon in the agreement, which is a voluntary agreement between both parties, and both parties shall perform in accordance with the agreement. The defendant has delivered the house to the plaintiff, the plaintiff has also paid the parking space, and the main contractual obligations of both parties have been fulfilled. The plaintiff claimed that the agreement signed by the plaintiff under the defendant's fraud and obviously unfair circumstances was not supported by strong evidence. Therefore, the plaintiff claimed to change the price of the parking space usage fee for both parties on this ground. There is no factual and legal basis. Not accepted."
(IV) on the return of the price of different rights between civil air defense parking spaces and property parking spaces.
As mentioned above, there is a big difference in the scope of rights between civil air defense parking spaces and property rights parking spaces, and operators also enjoy independent pricing rights, so it is likely to cause the buyer or lessor of civil air defense parking spaces to object to this price, after all, there are differences in rights relative to property rights parking spaces. However, the existence of an objection does not necessarily lead to the return of the price, and the buyer or the lessor has the right to claim the return of the price only if it is determined that there is a standard clause, a manifest unfairness, a material misunderstanding, etc.
Summary
To sum up, our lawyers believe that there is no clear regulation on the pricing of civil air defense parking spaces, and the principle of independent pricing by operators is basically applied in all localities. It is inevitable that the civil air defense parking space has different rights compared with the property right parking space, but it cannot be concluded that the civil air defense parking space contract provided by the operator is fraudulent and obviously unfair and requires it to return the price. According to the analysis of the existing court trial ideas, we should proceed from the purpose of the contract, combined with the real estate market policy in the same period, the market price trend in the same period and other factors to be comprehensively considered, therefore, civil air defense parking spaces and property parking spaces "do not have the same rights, but can be the same price".
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