On August 20 14, the plaintiff bought a house in a commercial residential area in Ansai district developed and constructed by the defendant company. The plaintiff paid the defendant a down payment of 654.38 million yuan twice and applied for a mortgage loan. The delivery date agreed in the contract is 20 16 10. However, after the delivery date expired, the plaintiff repeatedly urged the defendant company to postpone the delivery and failed to obtain the pre-sale permit for commercial housing.
Seeing the wedding day approaching, but unable to move into the new house, the plaintiff then proposed to terminate the contract, demanding that the defendant return the purchase price and buy another house, and bear interest and compensation of 20,000 yuan. The defendant believed that the house purchased by the plaintiff had passed the best sales time, which would bring great economic losses to the defendant company and refused to terminate the contract. 2065438+September 2007, the plaintiff had no choice but to appeal to the court.
Extended data:
After taking over the case, the judge in charge explained the law clearly and made it clear that the purchase contract signed by both parties was true and effective, and the delivery time was clearly stipulated in the contract. The plaintiff fulfilled the payment obligation as agreed, but the defendant failed to deliver the house according to the delivery deadline agreed by both parties. After repeated urging by the plaintiff, the defendant company failed to deliver the house for more than 8 months, which constituted a breach of contract.
According to the law, the plaintiff has the right to terminate the contract and demand compensation from the defendant. After the case-handling judge patiently organized mediation between the two parties, he finally reached a mediation opinion. The defendant company agreed to immediately return the plaintiff's payment of RMB 6,543,800+and bear the plaintiff's loss of RMB 654.38+ 00000.
Shaanxi Higher People's Court-The wedding room can't be checked in on schedule, and the judge mediates to buy back the house payment.