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Case of Enforcement on Dispute over House Bases Between Wan Aiyingand Libaosheng (Case of Enforcement on Dispute over House Bases)
王爱英与李保生宅基纠纷强制执行案
【法宝引证码】
  • Type of Dispute: Enforcement
  • Judgment date: 03-28-1983
  • Procedural status: Enforcement

Case of Enforcement on Dispute over House Bases Between Wan Aiyingand Libaosheng (Case of Enforcement on Dispute over House Bases)
(Case of Enforcement on Dispute over House Bases)
王爱英与李保生宅基纠纷强制执行案

CASE OF ENFORCEMENT ON DISPUTE OVER HOUSE BASES BETWEEN WAN AIYING AND LIBAO SHENG@#
BASIC FACTS@#
Plaintiff, Wang Aiying, female, aged 37, born in Huaxiang County, Henan Province, accountant of the Service Company of 86364 division of the People's Liberation Army, residing in No.74, Wenhuali, Erqi District, Zhengzhou.@#
Defendant, Li Baosheng, male, aged 53, born in Lingchuan County, Shanxi Province, Deputy Secretary of Party Branch and president of Zhengzhou Instant Noodle Factory, residing in No.73, Wenhuali, Erqi District, Zhengzhou.@#
The plaintiff Wang Aiying and the defendant Li Bansheng are neighbors and share one wall. In May, 1980, with the approval of the construction Department of Erqi District of Zhengzhou city, Wang Aiying rebuilt 6 rooms of her 2-storied house which faced south on the base of her old house in No.74, Wenhuali. The back wall of her house was looking to Li Baosheng's yard. Li Baozheng asked Wang Aiying not to build any windows in the back wall, with the grounds that windows would bring inconveniences to women of his family. A compromise was made with the mediation of the Neighborhood Committee and the District Construction Department. the agreement was that Wang Aiying could built a small window in the backwall of the east room on the first floor and when Li Baosheng rebuilt his house, the south wall should be built straight upward close against the backwall of wang Aiying's. Also no windows should be built in his back wall. In June, 1980, Li Baosheng applied for re-building his house and obtained an approval and licence. However, without line-checking and locating by the construction department, Li Baosheng started rebuilding in violation of the provision that "building starts after line checking" in the license. Besides, without consulting Wang Ziying, Li Baosheng decided to build the house facing West instead of North in the agreement and started laying foundation for his house close against the backwall of Wang Aiying's, that caused overlapping of the foundations of the two houses and threatened the safety of Wang's house. Wang Aiying tried to stop him, but Li Baosheng turned a deaf ear. After telling him repeatedly to stop the building with no avail, the Construction Department of Erqi District took back the license for building and told Li Baosheng to wait for a settlement. Li Baozheng went on building his house. When Wang Aiying's husband Chengyueling tried to stop him, Li beat and injured him. Therefore, Wang Aiying took legal proceedings to the Erqi District People's Court of Zhengzhou.@#
......

 

王爱英与李保生宅基纠纷强制执行案@#
@#
原告:王爱英,女,三十七岁,河南省滑县人,系中国人民解放军八六三六四部队服务社会计,住郑州市二七区文化里七十四号。@#
被告:李保生,男,五十四岁,山西省陵川县人,系郑州市挂面厂党支部副书记、厂长,住郑州市二七区文化里七十三号。@#
原告王爱英与被告李保生系隔壁邻居。一九八0年五月,王爱英经郑州市二七区建设科批准,在文化里七十四号自己房屋原基础上,翻修北屋二层六间,其后墙临李保生院。李保生提出家中有妇女,生活不便,不让王爱英在后墙开窗户。后经街道居委会和区建设科调解,双方达成协议:王爱英在后墙楼下东间留一小窗户;李保生修建新房时,南墙在原基础上紧靠王爱英房屋的后墙直上建筑,后墙也不准留窗户。一九八0年六月,李保生申请建房,经批准并领取了许可证。但是,李未经建筑部门查线、定位,便私自动工,违背了建筑许可证关于“查线后施工”的规定。同时,李保生又未同王爱英协商,将原协议盖南房改为盖西房,并紧靠王爱英后墙挖地基,造成地基重叠,影响王爱英的房屋安全。王爱英阻止其施工,李不听。二七区建设科多次告知其停工,李仍不听,遂将建房许可证收回,让其等候处理。李保生仍继续施工。王爱英的爱人程学岭进行制止,李保生将其打伤。为此,一九八0年七月十五日,王爱英向郑州市二七区人民法院提起诉讼。@#
@#
二七区人民法院受理该案后,在查明事实的基础上,通知被告李保生先行停工,待后处理。李保生对人民法院的通知,置之不理,抢行将房盖成,而且将其房沿压在王爱英的楼顶花沿上,致使王爱英的楼房地基承受压力过大,造成墙壁裂缝,房屋漏水。据此,二七区人民法院对该案公开审理。经审理认为:被告李保生不按区建设科批准的建房许可证关于“查线后施工”的规定建房,而且在发生纠纷后,不接受建设科的处理意见,抢行盖房,实属违章建筑的行为。上述违章行为,建设科和原告曾多次制止,被告不听劝阻,将原告房沿垒入自己房沿内,并打伤原告的爱人程学岭,侵犯他人权益和人身权利。一九八0年十一月二十五日,根据国家政策,判决被告李保生应将违章建筑的西屋南山墙拆除,向北移五十公分,并负责修理原告房屋墙壁裂缝、解决漏水问题;赔偿程学岭被打伤住院医疗费十六元一角四分。@#
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