When the developer sells the property, they provide the right to use the civil air defense parking space. The owner of the second-hand house purchased the property and the right to use the parking space, but was notified by the developer that the parking space would be taken back, citing the transfer without their consent. Recently, the Intermediate People's Court of Guangzhou City, Guangdong Province, concluded the case of a dispute over possession protection and ordered a real estate company to immediately stop locking the parking spaces involved in the case and pay parking fees during the period of preventing the use of parking spaces. When a real estate company sells a property, it promotes the possibility of giving away parking spaces. Based on this, Deng signed a civil air defense engineering parking space rental contract with the developer while purchasing a residential property in the community, agreeing that a real estate company will rent a civil air defense engineering parking space to Deng, with a usage period ending on November 21, 2038; The rental space is blank. In 2013, Deng resold the house to Fan, and both parties signed a parking space use rights transfer contract, agreeing to transfer the remaining years of the parking space to Fan. It was noted that the parking space was provided free of charge by the developer when purchasing the house. Afterwards, Fan submitted a parking space use right transfer contract to the property management company, filled out the household registration form, and paid the parking space management fee until June 30, 2021. In May 2021, Fan received a notice from a real estate company stating that the parking space would be reclaimed. In July of the same year, the parking space was locked and Fan's vehicle was also refused entry into the garage. Due to unsuccessful negotiations with the real estate company, Fan filed a lawsuit with the court, demanding that the real estate company continue to fulfill the parking space leasing contract, remove obstacles to the real estate company's behavior of preventing it from using the parking space, and pay parking fees during the period of preventing it from using the parking space. The People's Court of Panyu District, Guangzhou held in the first instance that the transfer between Deng and Fan was a simultaneous transfer of housing and parking spaces, in accordance with the principle of convenient and reasonable property rights, and did not increase the burden on a real estate company. After selling the property, a real estate company handed over the entire property to an affiliated property company for management. Fan completed the registration procedures for changing the owner of the parking space with the affiliated property company and paid the parking space management fee on schedule for many years. A real estate company suddenly forcibly repossess parking spaces without their consent, which is not in line with the legislative purpose of making the most of everything, and is a typical dishonest behavior. The court ruled in accordance with the law that a real estate company and Fan continued to perform the parking space leasing contract for civil air defense projects; A real estate company should immediately stop blocking Fan's use of the parking spaces involved in the case, such as locking them; A real estate company paid Fan a parking fee to prevent him from using the parking space. A real estate company is dissatisfied and has filed an appeal. The Guangzhou Intermediate People's Court rejected the appeal and upheld the original judgment. (New News Agency)
Edit：Ying Ying Responsible editor：Zhou Shu
Source：rmfyb.chinacourt.org
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