After Xu Jun purchased a house from Zhao Qiang, he discovered that due to Zhao Qiang's debt owed to his cousin Liu Wei, he had previously rented the house to Liu Wei and his wife until Zhao Qiang paid off the debt. After multiple unsuccessful negotiations, Xu Jun brought Liu Wei and his wife to court and demanded that they immediately vacate and move out of the house involved in the case. Recently, the Intermediate People's Court of Nantong City, Jiangsu Province made a final judgment in the first instance to uphold the case. If the ownership of the leased property changes during the lessee's possession period according to the lease contract, it does not affect the validity of the lease contract. Xu Jun's lawsuit request is rejected. In March 2018, Zhao Qiang borrowed 1.5 million yuan from his cousin Liu Wei. Later, both parties signed a housing lease contract, agreeing that Zhao Qiang would lease his property at No. 20 Renmin Road to Liu Wei, with an interest of 1.5 million yuan as the rent. When Zhao Qiang failed to repay the loan, Liu Wei had the right to reside or sublet or lend it. Since then, Liu Wei and his wife have been living in the house and have been paying water, electricity, property and other fees on time. In May 2020, Zhao Qiang signed a house sales contract with Xu Jun, agreeing to sell the house at No. 20 Renmin Road to Xu Jun for a total purchase price of 1.2 million yuan. After Xu Jun paid a deposit of 300000 yuan and asked if he could go to see the house, Zhao Qiang replied that the house is currently occupied by his cousin Liu Wei and his wife, and it is temporarily inconvenient to see the house. Xu Jun did not object to this and, after paying the remaining amount, went to the real estate registration center with Zhao Qiang to handle the change registration and obtain the property ownership certificate of the house. Due to Zhao Qiang's failure to repay the loan, the house in question has been occupied by Liu Wei and his wife. Later, Xu Jun signed a check-out and refund agreement with Zhao Qiang, stipulating that if Zhao Qiang fails to deliver the house to him for use within one month, he should refund the purchase price of 1.2 million yuan, otherwise he has the right to unlock and check in on his own. But one month later, Zhao Qiang did not pay the house or refund it. Xu Jun sued Liu Wei and his wife to the People's Court of Hai'an City, demanding that they immediately vacate and move out of the house involved in the case. After the trial, the Hai'an Court held that Xu Jun obtained the property involved in the case by signing a sales contract with Zhao Qiang. Although he registered the change in real estate property rights and played a role in rights publicity, the seller had not delivered the property from the beginning, indicating that Xu Jun had never achieved possession or use of the property and had not fully obtained the ownership and power of the property. The premise for the parties to claim the exclusion of obstacles in property rights is that they have obtained the corresponding property rights. Therefore, in the case of separation of ownership and possession, it cannot be determined that Xu Jun has the right to demand the actual owner of the house to exclude obstacles based on the status of the owner of the house. In addition, Liu Wei and his wife had already signed a rental contract with Zhao Qiang before the sale of the house, and their use of the house was not considered illegal occupation. When Xu Jun paid the deposit and requested to see the house, Zhao Qiang informed Liu Wei and his wife that they lived here and it was inconvenient to see the house. According to the principle of buying and selling without breaking the lease, if Xu Jun still purchases the house even though he knows it has been rented out, he should bear the corresponding consequences and has no right to request the Liu Wei couple to move out of the house. At the same time, the court explained that if Xu Jun believes that his rights have been damaged due to his failure to actually obtain possession of the house, he can claim compensation liability from the other party to the contract, Zhao Qiang, in accordance with the law. After the first instance judgment, Xu Jun filed an appeal. The Nantong Intermediate People's Court upheld the original judgment after the trial. (New News Agency)
Edit：Zhou Shu Responsible editor：Jia Jia
Source：rmfyb.chinacourt.org
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