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No. 4 of Five Model Cases Published by the Supreme People's Court: Tang Lan v. Cheng Yongli (Property sales contract dispute)
(Property sales contract dispute)
最高人民法院发布五起典型案例之四：唐兰与程永莉房屋买卖合同纠纷案
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| No. 4 of Five Model Cases Published by the Supreme People's Court: Tang Lan v. Cheng Yongli (Property sales contract dispute) | | 最高人民法院发布五起典型案例之四：唐兰与程永莉房屋买卖合同纠纷案 |
| I. Basic Facts | | （一）基本案情 |
| On November 7, 2000, the Title Registration Center for Housing and Land in Jiulongpo District of Chongqing Municipality received a Property Sales Contract in which Tang Lan was the Seller and Cheng Yongli was the Buyer, an Application Form for Registration of a Real Estate Transaction Contract, and other property sales materials regarding a property owned by Tang Lan. All these materials showed the personal seal of “Tang Lan,” and some materials carried the signature of “Tang Lan.” The Title Registration Center for Housing and Land in Jiulongpo District of Chongqing Municipality transferred the title to the property registered under the name of Tang Lan to Cheng Yongli on the basis of the said materials. On April 17, 2003, Tang Lan filed an administrative lawsuit with the court on the ground that she had never entered into any property sales contract with Cheng Yongli. The No. 1 Intermediate People's Court of Chongqing Municipality as the court of second instance ruled to dismiss Tang Lan's lawsuit on the ground that the parties to the administrative lawsuit were improper. In the judgment's reasoning, the court held that Tang Lan and Cheng Yongli entered into a standard real estate sales contract by affixing their seals to it and upon examination, the registration of the property ownership transfer was approved by the registration authority. In March 2007, Tang Lan filed a civil lawsuit with the People's Court of Jiulongpo District of Chongqing Municipality, requesting the Court to confirm that the Property Sales Contract was invalid and order Cheng Yongli to return the property in dispute to Tang Lan. In the civil proceedings, the court found that the said signatures of “Tang Lan” were all affixed by Cheng Yongli's husband and the personal seal of “Tang Lan” could not be proved to be owned by Tang Lan. In the trials by the courts of first instance and second instance and the retrial by the Higher People's Court of Chongqing Municipality, the disputes were all surrounding whether the contract was valid. After retrial, the Higher People's Court of Chongqing Municipality held that the contract was valid, and dismissed the claims of Tang Lan. Tang Lan filed a petition with the procuratorial authority against the judgment. On May 16, 2012, the Supreme People's Procuratorate filed an appeal with the Supreme People's Court. | | 2000年11月7日，重庆市九龙坡区土地房屋权属登记中心收到以唐兰为卖方、程永莉为买方的《房屋买卖合同》、《房地产交易合同登记申请表》等关于唐兰所有房屋的房屋买卖材料，材料上均盖有“唐兰”字样私章，部分材料签有“唐兰”字样签名，重庆市九龙坡区土地房屋权属登记中心凭上述材料将登记在唐兰名下的房屋过户给了程永莉。2003年4月17日，唐兰以其从未与程永莉签订房屋买卖合同为由向法院提起行政诉讼。重庆市第一中级人民法院二审以主体不适格为由裁定驳回唐兰的起诉，并在裁判理由中认为：唐兰与程永莉盖章签订制式房地产买卖合同，经登记部门审查，获准房屋权属转移登记。2007年3月，唐兰向重庆市九龙坡区人民法院提起本案民事诉讼，请求确认房屋买卖合同无效，并判令程永莉将诉争房屋返还给唐兰。诉讼中，法院查明，上述“唐兰”的签名均为程永莉丈夫所签，“唐兰”字样的私章无法证明为唐兰所有。该案经一审、二审以及重庆高院再审，均在合同是有效还是与无效之间争议，重庆高院再审判决认为合同有效并据此驳回了唐兰的诉讼请求。唐兰不服，向检察机关申诉，2012年5月16日，最高人民检察院向最高人民法院提起抗诉。 |
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