The owner bought a parking space, but the size "shrunk" and affected its use
2023-04-12
Recently, the People's Court of Yingdong District, Fuyang City, Anhui Province heard a case where a property owner sued a developer to terminate the purchase and sale contract for parking spaces. It found that the parking spaces delivered by the developer did not meet industry standards and the contract should be terminated. The developer refunded the purchase price for the parking spaces and paid corresponding interest. In June 2017, a real estate company in Fuyang signed a transfer agreement with Zhou regarding the use rights of underground parking spaces in the community, transferring the use rights of a small parking space in the second phase of a certain community to Zhou, and collecting a transfer fee of 60000 yuan from Zhou. After the parking space was completed and delivered, Zhou found that the parking space had shrunk and could not be used normally, so he filed a lawsuit with the Yingdong District Court. After on-site measurements by the judge and the parties involved, the parking method of the parking space in the case belongs to a vertical type, with a maximum width of 2 meters and a minimum width of 1.96 meters in the direction parallel to the traffic lane. The minimum width of the parking space in the direction perpendicular to the traffic lane is 4.96 meters; The clear distance between the motor vehicle and the left load-bearing column is 0.15 meters, and the clear distance between the motor vehicle and the right load-bearing column is 0.2 meters. Article 4.3.4 of the industry standard "Code for Design of Garage Buildings" issued by the Ministry of Housing and Urban Rural Development of the People's Republic of China stipulates that the minimum parking space width in the direction of a vertical parallel traffic lane is 2.4 meters, the minimum width of a vertical traffic lane is 5.3 meters, and the clear distance between small motor vehicles and walls, guardrails, and other structures is 0.5 meters vertically and 0.6 meters horizontally. Obviously, the parking space delivered by the developer does not comply with national regulations, and the "shrinkage" of the parking space has affected Zhou's normal use of the parking space in daily life. After the court heard the case, it was found that the length and width of the parking space were not stipulated in the transfer agreement of the right to use the parking space, which is unclear. According to Article 511 (1) of the Civil Code of the People's Republic of China, if the quality requirements are not clear, mandatory national standards shall be followed; If there are no mandatory national standards, they shall be implemented according to the recommended national standards; If there are no recommended national standards, industry standards shall be followed; If there are no national or industry standards, they shall be performed according to the usual standards or specific standards that meet the purpose of the contract. According to the regulations of the garage, the exterior dimensions of the designed car models are specified in the public garage. The total length, width, and height of small cars are 4.8 meters, 1.8 meters, and 2 meters, respectively. The horizontal clear distance between small cars is 0.6 meters, and the width of parking space No. 14 is 2.22 meters. This means that the horizontal space length of this parking space does not meet the requirements of the garage regulations for a total width of small cars of 1.8 meters, and a horizontal clear distance between cars of 0.6 meters, totaling 2.4 meters. The parking space involved in the case, in the situation where the contract agreement is unclear, has already constituted a breach of contract according to the content requirements determined by national standards. At the same time, there is a significant gap between the width of the target parking space and the value required by industry standards, and insufficient width of the parking space will seriously affect the normal use of the parking space. The situation where the parking space in question does not meet industry standards has hindered Zhou's daily use of the parking space. According to Article 563 of the Civil Code, the contract for the sale of parking spaces involved in the case shall be terminated, and the purchase price shall be refunded and interest shall be paid. After the judge's interpretation and reasoning, both parties terminated the agreement on the transfer of the right to use underground parking spaces in the community in court. A real estate company in Fuyang refunded the plaintiff Zhou's purchase price for the parking spaces and paid the relevant fees
Edit:Ying Ying Responsible editor:Shen Chen
Source:rmfyb.chinacourt.org/
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