February 8, 2007 the plaintiff and the defendant Lee Longhua Shenzhen City Economic Development Corporation signed a , agreed the defendant should pay the same year on December 8th Floor, submitted more than 90 days past due, the plaintiff entitled to delivery of the expiry of six months from the date of termination of the contract, the defendant shall be returned to the plaintiff all of a mortgage principal and interest, while the total payment of real estate 10% of the penalty price, the contract also on other matters agreed upon in detail. On the same day, the two sides with a third branch, Longhua, Shenzhen Rural Commercial Bank has signed a involved in housing loans to 770,000 yuan to buy (the rest of the plaintiffs have the down payment) .2008 April 2 to send the defendant to the plaintiff, book Check out 24 .4 reply, said the defendant raised the quality of the plaintiff not to check out conditions, we can not reject the occupation, the defendant to the plaintiff within the prescribed period make a written reply and suggestions for the plaintiff to sign book Bao'an District, Shenzhen people to the courts, the third person during the trial that the original purchase contract entered into between the defendant and the plaintiff and the third loan contract is signed between the independent contract, the contract is not agreed to lift the mortgage loan .
court:
Shenzhen Baoan District People's Court that: the original signed between the defendant provisions, legal and effective, the two sides should fully implement. submitted to the time the contract is December 8, 2007, the defendant in the April 2, 2008 was issued to the plaintiffs, 90 days, the lifting of the contract conditions have been achieved, the plaintiff may terminate the contract, the defendant shall be returned to paying back the principal and pay interest and penalty. sentence is as follows:
1, lift the plaintiff and the defendant in the February 8, 2007, signed Shenzhen City real estate sales contracts (sale) 111,000 yuan penalty.
court costs from the defendant the burden of all.
lawyers say:
1, extension developers submitted within the specified period of denunciation, the owner can check the claim;
2 owners in the maintenance of quality defects by more than two can not meet the requirements or the main structure of the normal use failure;
4, under the plaintiff will face no risk of collateral (such as developers, property owners receive the full return of malicious outages after paying back the principal, the bank loans will become bad debts).
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