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Guiding Case No. 72 of the Supreme People's Court: Tang Long, Liu Xinlong, Ma Zhongtai, and Wang Honggang v. Xinjiang Erdos Yanhai Real Estate Development Co., Ltd. (Case about disputes over a contract on the sale of commercial houses)
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指导案例72号：汤龙、刘新龙、马忠太、王洪刚诉新疆鄂尔多斯彦海房地产开发有限公司商品房买卖合同纠纷案
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| Guiding Case No. 72 of the Supreme People's Court: Tang Long, Liu Xinlong, Ma Zhongtai, and Wang Honggang v. Xinjiang Erdos Yanhai Real Estate Development Co., Ltd. | | 指导案例72号：汤龙、刘新龙、马忠太、王洪刚诉新疆鄂尔多斯彦海房地产开发有限公司商品房买卖合同纠纷案 |
| (Issued on December 28, 2016 as deliberated and adopted by the Judicial Committee of the Supreme People's Court) | | （最高人民法院审判委员会讨论通过2016年12月28日发布） |
| Keywords | | 【关键词】 |
| civil; a contract on the sale of commercial houses; a loan contract; liquidation of debts; legal effect; examination | | 民事/商品房买卖合同/借款合同/清偿债务/法律效力/审查 |
| Key Points of Judgment | | 【裁判要点】 |
| Where both parties to a loan contract terminate the loan contract upon negotiation and establish a new contract on the sale of commercial houses, the principal and interest of the loan is transformed into the paid house purchase fund upon account checking and clearing, the aforesaid arrangement does not fall under the prohibitive circumstance as prescribed in Article 186 of the Property Law of the People's Republic of China, and the purpose for the conclusion of the contract on the sale of commercial houses is not “guarantee for the private lending contract” as prescribed in Article 24 of the Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Private Lending Cases. Where there is no circumstance as prescribed in Article 52 of the Contract Law of the People's Republic of China, the contract on the sale of commercial house has legal effect. However, the people's court should examine the amount of the principal and interest of the loan that has transformed into the paid house purchase fund on the basis of the loan contract and other evidence, so as to avoid the party's transformation of high interest exceeding the ceiling protected by the law to the paid house purchase fund. | | 借款合同双方当事人经协商一致，终止借款合同关系，建立商品房买卖合同关系，将借款本金及利息转化为已付购房款并经对账清算的，不属于《中华人民共和国物权法》第一百八十六条规定禁止的情形，该商品房买卖合同的订立目的，亦不属于《最高人民法院关于审理民间借贷案件适用法律若干问题的规定》第二十四条规定的“作为民间借贷合同的担保”。在不存在《中华人民共和国合同法 |
| Legal Provisions | | 【相关法条】 |
| Article 186 of the Property Law of the People's Republic of China | | 《中华人民共和国物权法》第186条 |
| Article 52 of the Contract Law of the People's Republic of China | | 《中华人民共和国合同法》第52条 |
Basic Facts
．．．．．． | | 【基本案情】
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