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Hu Tianyun v. Tang Jinqin and Wang Jianfeng (ownership confirmation dispute)
胡田云诉汤锦勤、王剑峰所有权确认纠纷案
【法宝引证码】
  • Type of Dispute: Civil-->Property
  • Legal document: Judgment
  • Judgment date: 01-13-2011
  • Procedural status: Trial at Second Instance
  • Source: SPC Gazette,Issue 12,2011

Hu Tianyun v. Tang Jinqin and Wang Jianfeng (ownership confirmation dispute)
(ownership confirmation dispute)
胡田云诉汤锦勤、王剑峰所有权确认纠纷案

Hu Tianyun v. Tang Jinqin and Wang Jianfeng
(ownership confirmation dispute)

 

胡田云诉汤锦勤、王剑峰所有权确认纠纷案

[Summary] [裁判摘要]
The rights and interests of house demolition and resettlement fall within the comprehensive rights of home ownership, and generally include compensation for house demolition, the expenses for resettlement, subsidies to the construction of a new house, and the land use right of the new house. The attribution of the rights and interests of house demolition and resettlement shall be determined by ownership of the dismantled house, and may be divided by the co-owners through an agreement. 房屋拆迁安置权益属房屋所有权的综合性权能,一般包括被拆房屋补偿款、搬迁费用、新建房屋补贴、新建房屋土地使用权等在内。应以被拆迁房屋的所有权权属决定拆迁安置权益的归属,共有人之间有权通过协议予以分割。
Where a house is built on the land whose right of use belongs to another person, the house's ownership after accession generally belongs to the owner having the land-use right. The compensation to a person who is not a land-use right owner but who implements the construction of a house includes not only payment in cash, but also the residential rights and interests under a specific identity relationship. 在他人享有使用权之土地上建造房屋而形成附和的,房屋所有权一般归属于土地使用权人。对实施房屋建造的非土地使用权人所进行的补偿不仅仅包括金钱给付,在特定身份关系下亦应包括居住使用权益。
BASIC FACTS 
Plaintiff: Hu Tianyun, female, 39, of Han ethnicity, domiciled at Fuxing Village, Lianhua District, Yunshan Sub-district, Lanxi City. 原告:胡田云。
Defendant: Tang Jinqin, male, 44, of Han ethnicity, domiciled at Fuxing Village, Lianhua District, Yunshan Sub-district, Lanxi City. 被告:汤锦勤。
Defendant: Wang Jianfeng, female, 40, of Han ethnicity, domiciled at Houfan Village, Lianhua District, Yunshan Sub-district, Lanxi City. 被告:王剑峰。
PROCEDURAL POSTURE 
Plaintiff Hu Tianyun filed a lawsuit with the People's Court of Lanxi City, Zhejiang Province against Defendants Tang Jinqin and Wang Jianfeng over an ownership confirmation dispute. 原告胡田云因与被告汤锦勤、王剑峰发生所有权确认纠纷,向浙江省兰溪市人民法院提起诉讼。
As alleged by Plaintiff Hu Tianyun, Defendant Wang Jianfeng was the ex-wife of Defendant Tang Jinqin. When they divorced in January 2000, they agreed to the following: of the two-roomed and three-storey house located at No. 13, Caojia Road, Huanglongdong Village, Lanxi City, the first and third floors were to be owned by Tang Jinqin and the second floor by Wang Jianfeng; Tang Hongbo, their legitimate son, was raised by Tang Jinqin; and should the house be demolished, one third of the compensation would be given to Wang Jianfeng. After Plaintiff Hu Tianyun's divorce, she married Tang Jinqin on March 26, 2004. In July 2006, the house located at No. 13, Caojia Road was demolished due to road widening and reconstruction, and a total compensation of 270,000 yuan was awarded. According to the divorce agreement, Wang Jianfeng received compensation of 90,000 yuan from the House Demolition Office of Lanxi City, with the remaining amount of compensation received by Tang Jinqin. Afterwards, Hu Tianyun and Tang Jinqin made a joint investment to build a house located at No. 1, Building 27 Fuxing Village, Lianhua District, Yunshan Sub-district, Lanxi City. Subsequently, Tang Jinqin, Tang Hongbo, Hu Tianyun and her own son lived together in this house. In October 2009, Wang Jianfeng requested the Village Committee to mediate and divide the house property personally owned by Tang Hongbo on the ground that the house built by Hu Tianyun was co-owned by Tang Hongbo and Tang Jinqin. By this time, Hu Tianyun got to know that Tang Jinqin and Wang Jianfeng had entered into an agreement in which the new house was to be divided. The mediation failed because Hu Tianyun held that the agreement damaged her rights and interests. In June 2010, Tang Hongbo, son of Tang Jinqin, filed an action, requesting the court to confirm that the third and fourth floors of the house located at No. 1, Building 27 Fuxing Village, Lianhua District, Yunshan Sub-district, Lanxi City were owned by him. As alleged by Hu Tianyun, the house owned by Tang Jinqin and Wang Jianfeng had been demolished by the government and Wang Jianfeng had received her compensation. Therefore, Wang Jianfeng was not entitled to dispose of the house located at No. 1, Building 27 Fuxing Village, Lianhua District, Yunshan Sub-district, Lanxi City which was co-owned by Hu Tianyun and Tang Jinqin. She requested the court to confirm that the third article in the agreement on the compensation for house demolition and the division of house property concluded by Tang Jinqin and Wang Jianfeng on July 8, 2006 was invalid. 原告胡田云诉称:被告王剑峰系被告汤锦勤的前妻,二人于2000年1月份离婚,双方对位于兰溪市黄龙洞曹家路13号房屋及子女抚养约定如下:房屋两间三层,第一、三层归汤锦勤所有,第二层归王剑峰所有。婚生子汤弘波由汤锦勤抚养。如拆迁赔偿,王剑峰分割三分之一。原告离异后与汤锦勤于2004年3月26日登记结婚。 2006年7月份,曹家路13号房屋因道路拓宽改造被拆除,共计获得各类补偿款 270 000余元,按照离婚协议,王剑峰从兰溪市拆迁办领走拆迁补偿费90 000元,其余由汤锦勤领取。后原告与汤锦勤共同出资建造位于兰溪市云山街道莲花区福兴村 27幢1#房屋一幢,并与汤锦勤、汤弘波及原告儿子一起居住在该房屋中。2009年10月份左右,王剑峰以原告建造房屋属汤弘波与汤锦勤共有为由,要求村委会进行调解,分割属于汤弘波个人所有的房产。原告此时得知汤锦勤与王剑峰已就新建房产进行了协议分割。因原告认为协议损害了其权益,调解未能成功。2010年6月份,汤锦勤儿子汤弘波起诉,要求法院确认兰溪市云山街道莲花区福兴村27幢1#的房屋三至四层归汤弘波所有。原告认为,汤锦勤与王剑峰的房产已被政府拆迁掉且王剑峰的补偿款也已经领走,无权对属于原告与汤锦勤共有的兰溪市云山街道莲花区福兴村 27幢1#房屋进行处分。请求法院确认汤锦勤与王剑峰于2006年7月8日签订的关于房屋拆迁补偿和房产分割协议中的第三条条款无效。
Hu Tianyun submitted the following evidence: 原告胡田云提交了如下证据:
1. the ID card of Hu Tianyun, which proved her identity as Plaintiff; 1.原告胡田云身份证,证明原告的身份。
2. the marriage certificate, which proved that Plaintiff Hu Tianyun and Defendant Tang Jinqin registered their marriage in 2004; 2.结婚证,证明原告胡田云和被告汤锦勤于2004年登记结婚。
3. one copy of the divorce certificate and one copy of divorce agreement, which proved that Defendants Wang Jianfeng and Tang Jinqin were divorced in 2000 and their agreement on the issues of division of housing assets and child-raising; 3.离婚证、离婚协议书各一份,证明被告王剑峰与被告汤锦勤2000年离婚及双方离婚时关于房屋分割、子女抚养的约定。
4. one copy of the agreement on compensation for house demolition and resettlement on collectively-owned land, which proved that the house located at No. 13, Caojia Road, Lanxi City has been demolished and the compensation amount obtained was 280,498 yuan; 4.集体土地房屋拆迁补偿安置协议书一份,证明兰溪市曹家路13号房屋已被拆迁及所得补偿款280 498元。
5. one copy of the agreement, which proved that Defendants Wang Jianfeng and Tang Jinqin agreed on the division of the new house. 5.协议书一份,证明被告王剑峰与被告汤锦勤关于新建房屋分割的约定。
Defendant Tang Jinqin answered that Defendant Wang Jianfeng and himself were divorced in 2000, and came to an agreement at that time that the second floor of the two-roomed and three-storey house would be owned by Wang Jianfeng. Tang Jinqin and Plaintiff Hu Tianyun married in 2004. Before the house was demolished, Tang Jinqin and Wang Jianfeng concluded an agreement in the village, which stipulated that the first and second floors of the new house were to be owned by Tang Jinqin and the third floor and above owned by their son, Tang Hongbo. For fear of being reproached, Tang Jinqin did not inform Hu Tianyun of these agreed items. Out of the compensation of 180,000 yuan received by Tang Jinqin, 20,000 yuan was use to repay debts incurred from the original house and the remaining was used to build the new one, which cost approximately 300,000 yuan. 被告汤锦勤辩称,汤锦勤与被告王剑峰于2000年离婚,当时双方约定二间三层房屋中的第二层归王剑峰。汤锦勤与原告胡田云于2004年结婚。房屋被拆迁前汤锦勤与王剑峰在村里签订了协议,约定新建房屋的第一、二层归汤锦勤所有,第三层以上归儿子汤弘波所有。因怕被责怪汤锦勤未将协议事项告知胡田云。汤锦勤领到的补偿款180 000元,其中20 000多元用于归还老房子遗留债务,其余均用于造房,新房子造价约300 000元。
Defendant Wang Jianfeng answered that according to the divorce agreement, Plaintiff Hu Tianyun did not have an ownership share in the demolished house. Under the verbal agreement made between Wang Jianfeng and Defendant Tang Jinqin at the time of the divorce, since Tang Hongbo, their son, was raised by Tang Jinqin, the first and third floors of the demolished house were owned by Tang Jinqin, the first floor of which was to be owned by their son; and the second floor was owned by Wang Jianfeng. Tang Hongbo also had a share in the compensation received for the demolition of the house. The two-roomed and three-storey old house was built with others and a sum of money was actually borrowed. In 2006 after the house was listed to be demolished, Wang Jianfeng requested to separately list their son's share; otherwise, she would build a house on her own, to which Tang Jinqin did not consent. Subsequently, both parties concluded an agreement on the distribution of the rights and interests of house demolition and resettlement. 被告王剑峰辩称,按照离婚协议,对被拆迁房屋原告胡田云没有所有权份额。按照离婚时王剑峰与被告汤锦勤口头约定,因儿子汤弘波由汤锦勤抚养,被拆迁房屋第一、三层归汤锦勤,其中一层是归儿子所有。第二层归王剑峰所有。房屋拆迁补偿款中儿子也有一份,二间三层的老房子是与别人拼起来造的,确实借了一笔钱。在2006年房屋列入拆迁后,王剑峰要求把儿子份额单独列出,否则由其自己建造房屋,汤锦勤不同意。双方后在村委会盖章见证下签订了一份拆迁安置权益分配协议。
In the trial of first instance, the People's Court of Lanxi City found that: 兰溪市人民法院一审查明:
Defendants Tang Jinqin and Wang Jianfeng were man and wife. The two-roomed and three-storey house located at No. 13, Caojia Road, Lanxi City was co-owned by them. In January 2000, they agreed to a divorce. As stipulated in the divorce agreement, Tang Hongbo, their son, would be raised by Tang Jinqin; of the co-owned two-roomed house, the second floor was owned by Wang Jianfeng, and the first and the third floors were owned by Tang Jinqin; the staircase was to be used by both parties; and if the house was to be demolished, one third of the economic compensation would go to Wang Jianfeng. In March 2004, Tang Jinqin and Plaintiff Hu Tianyun registered their marriage. In July 2006, the two-roomed and three-storey house located at No. 13, Caojia Road, Lanxi City was to be demolished due to the widening of Caojia Road. The local village committee arranged the foundation for building a new house. Wang Jianfeng asked to be involved in the house-building, to which Tang Jinqin did not consent. Upon negotiation, both parties concluded an agreement with the local village committee as the witness on July 8, 2006. It was stipulated in the third article of the house division agreement that “where Tang Jinqin builds a new house on the arranged foundation (which shall not be lower than three floors), the house may not be sold, pledged, or transferred upon completion; the first and second floors are owned by Tang Jinqin and the remaining floors above the second one are owned by Tang Hongbo; the staircase is to be jointly used by both parties; and after Tang Jinqin dies, the first and second floors owned by him shall belong to his legitimate heir, Tang Hongbo.” On July 21, 2006, Lanxi Jianye House Demolition Co., Ltd. and Tang Jinqin concluded an agreement on the compensation for house demolition and resettlement on collectively-owned land. According to the agreement between Wang Jianfeng and Tang Jinqin, Wang Jianfeng received compensation of 90,000 yuan for the demolition of the house. Tang Jinqin built a house located at No. 1, Building 27 Fuxing Village, Lianhua New District, Lanxi City on the land arranged by the village committee. In June 2010, Tang Hongbo, son of Tang Jinqin, filed an action, requesting the court to confirm that the third and fourth floors of the house located at No. 1, Building 27 Fuxing Village, Lianhua District, Yunshan Sub-district, Lanxi City) were to be owned by him.
......
 被告汤锦勤、王剑峰原为夫妻,原坐落在兰溪市曹家路13号房屋共二间三层房屋系其二人的共同财产。2000年1月双方协议离婚。离婚协议约定:儿子汤弘波由汤锦勤负责抚养。共同财产房屋二间,第二层归王剑峰所有,第一层、第三层归汤锦勤所有。楼梯间双方使用。房屋如拆迁,经济补偿费分三分之一给王剑峰。2004年3月,汤锦勤与原告胡田云登记结婚。2006年7月。因曹家路拓宽需拆迁坐落在兰溪市曹家路13号房屋共二间三层房屋。当地村委会安排地基建造新房,王剑峰要求参与建房,汤锦勤不同意共建。双方经过协商,二人于2006年7月8日,在当地村委会见证下签订协议。第三条关于住房分割约定:如安排地基新建住房由汤锦勤造(此房不能低于三层),建成后的住房不准出售、抵押和转让。一至二层归汤锦勤所有,二层以上归汤弘波所有。楼梯间供双方共同使用。如汤锦勤百年后汤锦勤的一至二层归合法继承人汤弘波所有。2006年7月21日,兰溪市建业房屋拆迁有限公司与汤锦勤签订集体土地房屋拆迁补偿安置协议书。按双方约定,王剑峰领取房屋拆迁补偿款90 000元。汤锦勤在村安排的土地上建造现位于兰溪市莲花新区福兴村27幢1#房屋一幢。2010年6月份,汤锦勤儿子汤弘波起诉至法院,要求确认兰溪市云山街道莲花区福兴村27幢1#的房屋三至四层归其所有。
......

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