The old house on a total of house sites is rebuilt, who is the new house belonging?｜ 9:30 tonight

The two generations of father and son are in the ancestral legacy of the ancestors all year round

After the son conducts two renovation and reconstruction of the old house in the courtyard

Disputes in the issue of the ownership of the father and the son due to the ownership of the new house

Who should the new house return?

... ...

Rebuild the old house on a total of house sites in rural areas. Who is the new house belongs? Liu Xiao, who lives in Pingyao County, Shanxi Province, has been in the lawsuit for four years. After applying for supervision to the procuratorate, the court started the retrial process, and the Liu Xiao and his wife finally wanted to return their own property.

Rebuild the ancestral old house

New house belongs to disputes

More than forty years ago, Liu Xiao's father, mother (died in 2018) and his family of five lived in the ancestral legacy. The courtyard has 3 North kiln and 3 Dongfang. In 1988, the Pingyao County Government issued a homestead to Liu Xiao's father, and the family members still included the remaining four people. In 1994, Brother Liu Xiao and his sister -in -law obtained a homestead in another village. After marriage, Liu Xiao has been living with his parents in his ancestral legacy.

In 2012, Liu Xiao invested to rebuild the three east houses in the courtyard to two. In 2016, Liu Xiao applied for the renovation of dangerous houses in the name of the owner. During the publicity period, no one raised his objection. After being approved, he invested three North Kiln to 4 northern houses. The last 4 North House was lived by Liu Xiao and his wife, and the two eastern houses were lived by Liu Xiao's parents.

In August 2017, the family that had nothing to do with each other suddenly changed. Liu Xiao's elder brother Liu Xiao complained Liu Xiao to the court and asked to confirm that the two Dongfang houses after the reconstruction in the hospital were owned by him. The Pingyao County Court was reviewed that the residential site use certificate was registered under the name of the plaintiff Liu Xiao's father. Although it was a converted by the two eastern houses to be converted by the defendant Liu Xiao, the use right of the housing site after the reconstruction did not change. The plaintiff Liu Xiao's father was the property right holder of the East House site. According to the principle of "walking" and "landing with the house" in my country's civil law, land use rights and house ownership cannot be separated. As a result, the two sectaries were the plaintiff Liu Xiao's father. On November 1, 2017, the Pingyao County Court judged the plaintiff's claim in the first instance. After receiving the verdict, Liu Xiao thought that the two Dongfangs had originally allowed parents to live, so they did not appeal.

What Liu Xiao did not expect was that in July 2019, his father entrusted Liu Xiao's elder brother to sue Liu Xiao to the court again, asking for confirmation of the four northern houses in the hospital to belong to it. On September 220, 2020, the Pingyao County Court supported the plaintiff's lawsuit of the plaintiff Liu Xiao's father's lawsuit with the same reasons as "judging ownership of Liu Xiao's father".

Obviously, he invested in all the old houses of the ancestral home, but none of the new houses that were renovated belonged to himself. Liu Xiao was unwilling.

Don’t accept court referees

Building a housekeeper application for procuratorial supervision

In November 2020, Liu Xiao was dissatisfied with the Pingyao County Court to judge the four northern houses to his father and appealed to the court. Jinzhong City Intermediate Court reviewed that the People's Government of Pingyao County issued a homestead to the house involved in the case by the households. Essence Liu Xiao was approved for the renovation of the dangerous house in the case of the house involved in the case in 2016. At that time, the public house was announced to be the owner of the house. For reconstruction, Liu Xiao's father did not participate in the reconstruction of the house, nor did he clearly oppose Liu Xiao for reconstruction of houses. Now Liu Xiao has built the house and has lived for many years. According to Article 30 of the Law of the People's Republic of China: "For the facts of establishing or dismantling the house as the establishment or eliminating property rights, it will take effect when it is achieved." Liu Xiao has obtained the real right of the house involved in the house based on the legal construction behavior. Liu Xiao's father's lawsuit claim confirmed that the case was involved in the case of 4 northern houses. On December 20, 2020, the Jinzhong Municipal Intermediate Court ruled that the first trial was revoked and rejected Liu Xiao's father's lawsuit. Liu Xiao's father applied to the Shanxi Provincial High Court for retrial. The Shanxi Provincial High Court was reviewed that the applicant's retrial application did not comply with the situation stipulated in Article 200 of the Civil Procedure Law of the People's Republic of China. On July 19, 2021, Liu Xiao's father's retrial application was rejected.

After receiving the second trial, Liu Xiaolong was relieved. But when he calmed down, he was doubtful -the two eastern houses that were rebuilt in 2012 and the four northern houses rebuilt in 2016 were exactly the same. Intersection

In April 2021, Liu Xiao took doubts on the grounds that "there was new evidence to prove that the civil judgment error of the East House returned to his father, and the legal error of the court of the original trial" to the Pingyao County Court for retrial application. The Pingyao County Court rejected his retrial application on the grounds of Liu Xiao's retrial application exceeding the application for retrial.

Is it really impossible for the 2017 Pingyao County Court to change the "East House to Father"?

At the time of Liu Xiao, someone told him that he had objections to the court's judgment and could go to the procuratorate to apply for supervision. Therefore, on May 8, 2021, Liu Xiao and his wife submitted an application for supervision to the Pingyao County Procuratorate.

Clarify the context of the case

Open the "Dharma knot" and "heart knot" for the parties

After accepting the case, the prosecutor performed his duties in accordance with the law, carefully investigated and verified, and retrieved the thick dose of Liu Xiao's "East House" and "North House Decision" to the court. Once, finally found the key point of breaking the case -the two cases did belong to the "different judgments of the same case": In December 2020, the Jinzhong Municipal Intermediate Court confirmed that Liu Xiao and Liu's father were confirmed to the final judgment of the four northern houses in the courtyard. The co -owner of the homestead of the house. Based on this final judgment, it can overthrow the fact that the house of the house's house was used in 2017 was determined that the house's house sites were used to be the fact that Liu Father had been used. Liu Xiao built two Dongfang rooms on the homesteads such as his father, and other co -owners did not raise any objections during the construction process. At this point, the prosecutor had clarified the case and the law was applied to the law. The nervous nerves should have been relaxed, but this case was not an ordinary civil litigation supervision case, but involved a strong affection. Thinking of this, the prosecutor felt that it was not easy to handle the case.

How can we resolve not only legal disputes and completely resolve family contradictions? Prosecutors decided to conduct field investigations and visits. By understanding the situation from Liu's father and visiting his neighbors, the prosecutor learned that Liu Xiao's East House has always been Liu Xiao's parents. Even during the reconstruction of the house, Liu Xiao leased the house for the elderly. The Liu Xiao and his wife also made it clear that the two Dongfang would always live in the elderly.

At the same time, in order to better help the parties to open the "law knot" and "heart knot", on June 25, 2021, the Pingyao County Procuratorate held a public hearing, inviting representatives and lawyers of the National People's Congress to participate. The hearing carefully listened to the opinions and demands of the parties, responded to their questions in a timely manner, and explained them to them: In this case, although Liu Xiao did not set up a legal "residence right to residential rights in accordance with the Civil Code provisions in accordance with the provisions of the Civil Code "But it gave Liu's father" actual residence right "and achieved the purpose of" although the house does not return to me, but I can still live with peace of mind ", there is no bad social impact. The hearing agreed that the party's retrial application should be agreed.

After discussion of the joint meeting of the prosecutor's joint meeting and the procuratorial committee, the facts of the civil judgment identification of the Jinzhong City Intermediate Court of the Jinzhong Municipal Court were enough to overthrow the original judgment. After the judgment made by Dongfang, Liu Xiao could not file a lawsuit separately to meet the requirements of "new evidence"; Liu Xiao rebuilt the house on the homestead he enjoyed in his right to use. The behavior has not been raised. According to the provisions of the Civil Code, if the facts such as legal construction and demolition of houses are established or eliminated by real rights, it will take effect when it is achieved. Liu Xiao obtained the property rights involved in the house in accordance with the legal construction behavior, and Liu's father claimed that the two eastern houses were all basically not evident in the law. The original trial judgment is not properly applied, and the judgment is wrong.

Substitute of Checking Procuratorate

At the same time, do "the second half of the article"

On July 26, 2021, the Pingyao County Procuratorate issued a retrial prosecution proposal to the original trial, pointing out that the original trial judgment complied with "new evidence, which was enough to overthrow the original judgment and ruling. On November 8 of the same year, the court of first trial launched the retrial process. The court of first trial believes that Liu Xiao has obtained the property rights involved in the house, and Liu Xiao's father advocated that the case involved in the case of two eastern houses was not evident in law. The original trial judgment is not properly applied, and the judgment is wrong, and it should be corrected.

In the end, all the court adopted the retrial prosecution proposal of the procuratorial organs, revoked the original trial judgment, rejected all Liu Xiao's father's claims, and the judgment was involved in the house to belong to Liu Xiao.

Although the case has been settled, considering that the similar situation of the case is more common in rural areas, how to do a good job of the "second half of the article" of judicial cases is not only a "additional question" that prosecutors can perform their duties, but also help the countryside. Legal practice of revitalization. To this end, the procuratorial organs have carried out the propaganda of the rule of law in a targeted manner, and the content of related civil code such as "the issue of the ownership of the house at the homestead" and "the establishment of the right to the right to residential", through the distribution of leaflets, and the use of cases, etc. Release the confusion, let the Civil Code enter the home of ordinary people, and truly use the Civil Law to light up the beautiful life of the people.

(The people in the text are a pseudonym)

■ Prosecutor said

Convergence

The organic unity of "three effects"

In rural areas in my country, many families have lived in a courtyard for several generations. The property rights ownership disputes caused by houses on the homestead are also common. In this case, Liu Xiao's father and son have a certain representative lawsuit due to the rebuilding the ancestral old house.

Rural collective land (homestead) is based on households, and users do not have any rights. Therefore, the builders of the house on the house may not be the registered land use right, but it must be a family member (the case in this case). According to the provisions of Article 231 of the Civil Code, if the facts such as legal construction and demolition of houses are established or eliminated, they will take effect when they do it. It can be seen that the fact that building a house is the fact that the right to obtain the right is. From the beginning of the construction of the house to the completion of the house, the houses are always under the occupation of the builders. It belongs to the original obtained.

In this case, Liu Xiao renovated the house on the homestead of enjoying the right to use. During the reconstruction, no one had raised his objection. His father had not opposed it and also took the initiative to cooperate with the house.Property rights.The procuratorial organs applied to the facts of the facts of the establishment of a house in the civil code of the civil code to carry out supervision in accordance with the law for the establishment of property rights in accordance with the law, and achieved good legal results.It is worth mentioning that in the process of handling the case, the prosecutor fulfilling the affection between the parties, eliminating the case of the case, the integration of the legal person's feelings of the country, and the manner of public hearing, interpretation, etc., in the "emotion and other methods, in the" emotional love and other methods, in the "emotional emotion"In the integration of the" law ", actively help repair the relationship, and conduct publicity of the rule of law in response to similar cases, combine the Civil Code, and use civil law to light up the lives of the people.Organic unity.

(Huo Haiyan, Procuratorate of Pingyao County, Shanxi Province)

(Prosecutor's Daily Author: Huo Haiyan Comic: Yao Wen)

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