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The owner does not cooperate with the formalities for the transfer of ownership. The parties may sue the homeowner to protect their rights in accordance with the law on the basis of the sales contract.
After winning the lawsuit, the parties can apply to the housing management department for the transfer of ownership with the court judgment or the effective legal documents of the arbitration commission.
The Measures for Housing Registration stipulate that:
Article 32.
In any of the following circumstances, the parties shall apply for registration of the transfer of housing ownership after the relevant legal documents take effect or the facts occur:
a) Buying and selling; b) interchangeable;
3) gifts; 4) Inheritance and bequest;
5) The division or merger of houses leads to the transfer of ownership;
6) Investing in shares with housing contributions;
7) The division or merger of legal persons or other organizations leads to the transfer of ownership of houses;
8) Other circumstances provided for by laws and regulations.
Article 33.
To apply for registration of the transfer of ownership of a house, the following materials shall be submitted:
1) Application for registration;
2) Proof of the applicant's identity;
3) Certificate of ownership of the house or certificate of real estate rights;
4) Materials proving the transfer of ownership of the house;
5) Other necessary materials.
The materials in item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, legal documents effective by the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house.
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The sale and purchase agreement, mortgage agreement, arrears agreement, etc.
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If the other party does not cooperate with the transfer of ownership of the house decided by the court, it can apply to the court for enforcement.
After the court accepts the case, it will directly rule to go through the transfer procedures. If there is an effective judgment requiring one party to pay maintenance to the other party on time, if the other party fails to perform, it may directly apply to the court for enforcement.
The enforcement methods are as follows:
1. Withdraw or withhold the respondent's savings deposits or wages and other labor income. If the unit to which the person subject to enforcement belongs is requested to assist in deducting it from the salary on a monthly basis;
2. Sealing, seizing, freezing, or selling the respondent's property.
Civil enforcement, also known as civil compulsory enforcement, refers to a litigation activity in which the enforcement organization of the people's court uses the coercive power of the state to compel the party with the obligation to perform its obligations when it refuses to perform its obligations, so as to realize the content of effective legal documents.
The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court where the property being enforced is located. Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.
Article 154 of the Civil Procedure Law of the People's Republic of China applies to the following scope:
1) Inadmissibility;
2) There is an objection to jurisdiction;
3) dismiss the indictment;
4) preservation and prior enforcement;
5) Permitting or not permitting the withdrawal of the lawsuit;
6) Suspending or terminating litigation;
7) Correcting clerical errors in the judgment;
8) Suspend or terminate enforcement;
9) revoke or refuse to enforce the arbitral award;
10) Refusal to enforce creditor's rights documents that have been given compulsory enforcement effect by a notary public;
11) Other matters that need to be resolved by ruling.
Rulings in items 1 through 3 of the preceding paragraph may be appealed.
The ruling document shall clearly state the outcome of the ruling and the reasons for making the ruling. The written ruling is to be signed by the adjudicators and clerks, and the seal of the people's court is to be affixed. Where an oral ruling is made, it is to be recorded in the record.
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It is possible to apply to the court for enforcement. The court will directly order the transfer of ownership.
Code of Civil Procedure:
Article 236:Parties must perform on legally effective civil judgments or rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.
Article 251:Where it is necessary to go through formalities for the transfer of property rights certificates and licenses during enforcement, the people's court may issue a notice of assistance in enforcement to the relevant units, and the relevant units must handle it.
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The parties may apply to the court's enforcement department for an official letter of assistance in enforcement with the court's judgment, and then unilaterally apply to the housing management department to which the house belongs to go through the transfer procedures.
The Measures for Housing Registration stipulate that:
Article 35.
When the right holder transfers the ownership of the house or creates a mortgage on the house due to the effective legal documents of the people's court or the arbitration commission, the lawful construction of the house, inheritance or bequest, the right holder shall register the house in the name of the right holder and then go through the registration of the transfer of house ownership or the establishment of the house mortgage.
Where the ownership of a house is obtained due to an effective legal document of the people's court or the arbitration commission, and the people's court requires the housing registration agency to register the notice of assistance in enforcement, the housing registration agency shall handle it. Where a housing registration authority registers a case, it shall record in the housing register the fact that it is registered on the basis of the legal documents in force of the people's court or arbitration commission.
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If the parties can consciously perform, there will be no problem. If the parties are unwilling to consciously perform the legal documents that have taken effect in the civil court, then, as a party determined by the legal documents that have taken effect, they may apply to the people's court for the legal documents that have taken effect within the statutory time limit. According to the provisions, since the effective date of the judgment of the people's court, you have obtained the real right to the house.
Whether or not you handle the transfer will not affect your status as the owner of the property. Although the law stipulates this, you should still go through the change registration in order to play a role in public trust. Apply to the people's court for compulsory enforcement, and the people's court will directly issue a notice of assistance in enforcement to the real estate management bureau, and the answer will be ok to supplement the agreement signed by Shi Bi in the court, and the same is true for those with the court's seal.
However, whether this cherry branch is a second-hand house transfer fee is not known to the spinal nucleus.
Article 566 of the Civil Code of the People's Republic of China: After the contract is terminated, if it has not been performed, the performance shall be terminated; If it has already been performed, the parties may request restitution or other remedial measures according to the performance and the nature of the contract, and have the right to claim compensation for losses. If the contract is terminated due to breach of contract, the person with the right to terminate may request the breaching party to bear the liability for breach of contract, unless otherwise agreed by the parties. After the termination of the main contract, the guarantor shall still bear the guarantee liability for the civil liability to the debtor, unless otherwise agreed in the guarantee contract.
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If the application for enforcement does not require payment, even if it does, it can be passed on to the person subject to enforcement.
The process of expropriation of houses on state-owned land.