"On Tuesday" interacted with 100,000 netizens, and when buying a rental housing trap to do so

Author:Changjiang Daily Time:2022.09.20

The Yangtze River Daily Da Wuhan Client September 20th News On September 20th to 16:00, the initiator of the "Tuesday" -Deputy Director Li Chong, deputy director of the Executive Bureau of the People's Court of Wuhan City, went to the Yangtze River Daily " The "live column of the" live broadcast on Tuesday to help you solve the implementation difficulties.

Judge Li Chong, deputy director of the Executive Bureau of the People's Court of Hanyang District. Reporter Yang Tao Photo

During execution, real estate disputes and implementation are the most common issues. In the live broadcast, Judge Li Chong answered in detail and sorting out the issues such as renting, buying houses and real estate seizure of netizens.

【Buy a house, rent a house】

Beware, the rent is seized just after one year of rent

Question: I am a college student who has just graduated and rented a house near the company. One day, the landlord told me that he lost money to the defendant, and the house was seized and let me move away. But I just paid the rent for a year, what should I do?

Answer: First of all, you must prepare materials such as lease contracts, payment vouchers and other materials to prepare the court to retrieve the court, and to express their demands to the court rationally. Secondly, you must carefully verify the sequence of the lease contract and the seal time of the court. People should continue to perform the lease contract until it expires. If the lease contract is signed after the court seizes, according to the court's regulations, this lease is unable to confront the court for compulsory implementation. When the court requests retreat in the later period, you should take the initiative to move away. You can retain the corresponding evidence for the lease contract that has not been fulfilled and the economic loss caused by migration, and claim compensation by negotiating or prosecution with the landlord to safeguard your rights and interests.

Question: In March of this year, I bought a second -hand housing of Zhang. After the contract was signed, I paid the house money to him in three issues and decorated the house. Because of the lawsuit, this house was seized by the court in May this year. What should I do?

Answer: You can propose objections to the implementation of the executive court to the executive court that seizes the behavior. The court will review it accordingly. For whether the house purchased by your home buyer can exclude the compulsory execution, the provisions of the judicial interpretation are strict. Among them, there is one of them. Xiang may face the dilemma of Fangcai.

Here I also remind you and other home buyers to do the following work when buying second -hand housing: First, to verify whether the house is seized before the contract is signed; The reason cannot be transferred; the third is to collect the house as soon as possible and complete the transfer.

Question: I lent the house to my friends for a few years, and now I want to take it back, but my friend claims that I have given him the house. I prosecuted and asked the court to confirm that the house should be owned by me. But after winning the lawsuit, my friend still took the house and refused to move away. Can I apply to the court for compulsory execution?

Answer: According to your description, the content of your case judgment only confirms the legal relationship between the original defendant, and does not order one to perform the corresponding legal obligations in the other party. That is to say Those who do not meet the acceptance of case acceptance. For your friends who do not move away from the house, you can file another lawsuit. After you have clearly paid the content, apply to the court for compulsory execution.

【Checking Room】

Live in debt, the court is not allowed

Question: Friends Zhang lent his neighbor 500,000 yuan. After trial of the court, his neighbors should pay 500,000 yuan and interest on my friend's borrowing. After the court's execution, it was found that its neighbors had no other property to execute in except for a 150 square meters of houses who lived in. And his neighbors are married, with spouses but no children. Excuse me, can my friend apply to the court for the execution of this house under his neighbor name?

Answer: Your friends can provide residential houses for their neighbors and spouses in accordance with the standard area standard of local low -rent housing security, or refer to the average rent standard of the local house rental market from the price of the house for 5 to 8 years. The price can be used to pay off your friend's debt.

Question: The court informed that I had no property in the name of the executor, but the house he lived in was bought after marriage. It was registered in his wife's name. Can I apply to the court for the implementation of his wife's real estate?

Answer: A case that belongs to the personal debt of the husband and wife shall implement the property owned by the executed person or under its personal name. If the property is not enough to settle it, it can execute half of the share of the husband and wife's common property. If the property registered in the property department registered in the other name of the husband and wife can also be executed. You can submit the information about the house involved in the case, and the court will also check it. If the house is confirmed that the house is the common property of the couple of the person, the court can directly take corresponding execution measures on the house and notify the executed person Spouse.

As of 16:00 on September 20, more than 100,000 netizens participated in the "Tuesday Covenant" live broadcast interaction, and more than a hundred netizens asked the judge to be patient patient.

After the live broadcast, Judge Li Chong will continue to stay in the "Ask Judge" (working hours, click the two -dimensional code "Online Question Judge" to enter) to answer the question online, until the next time the rotating judge takes over on October 11.

(Changjiang Daily reporter Chen Yong correspondent Li Jinxing Chen Yali)

【Edit: Zhao Ke】

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