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■ Baoding a developer has not yet submitted postponed for eight years, homebuyers to court for the lifting of the purchase agreement and payment of liquidated damages
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■ Hebei Provincial High Court of Final Appeal ruling, cancel the agreement signed by both parties, the developers pay a penalty of more than 5435 yuan
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■ The court held that the current prices are already 3-4 times the original sale price,air max 90 pas cher, the agreement does not constitute a breach of contract was too high in the case of
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August 2002 should be submitted until December 2008 have not been delivered, Baoding Chaoyang Garden District is known as "the longest history Baoding financing housing." Baoding AIC 439 workers to buy housing in the district after the developer repeatedly delayed launch time. Trade and Industry Bureau Baoding paper petition to court developers.
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Yesterday, reporter learned from the High Court, the final judgment in this case, cancel the agreement before the two sides signed developers to pay liquidated damages of buyers more than 5435 yuan.
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8 years developers have not submitted Cheng Beigao
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In order to solve the housing problem of workers, October 8,http://www13.plala.or.jp/gakuki3/cgi_bin/aska/aska.cgi, 2001, Baoding Baoding Trade and Industry Bureau agreed to buy a rain Real Estate Development Co., Ltd. (hereinafter referred to as "spring Company") developed by the Chaoyang Garden District residential building 73,000 square meters. Subsequently,http://www.xygiant.cn/home.php?mod=space&uid=145423, the Trade and Industry Bureau to pay a total of $ 10,000 each to subscribe margin 439 employees, subscribed for 10 and a half gallery Chaoyang Garden District.
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Before and after the two sides signed an agreement to continue to rain and Industry Bureau Baoding company paid 34.5 million yuan to buy a house. Agreement was signed by both parties is clear: buy the average price of 1,080 yuan per square meter house, 30 August 2002 hand over all stay. Such as failure to hand over the company daily rain total purchase cost by ten thousandths Baoding Trade and Industry Bureau to pay liquidated damages.
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After the agreement is signed, because the relocatees plan could not move, could not spring fully entering the construction company. To the August 30, 2002, the house failed to hand over, such as about.
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Subsequently,tn requin pas cher, the company again Chunyu land use right fails to resolve remaining issues and other issues as an excuse,http://www.possumov.net,louboutin outlet,http://www.radiologycases.com/casereports/jrcr-mcq.cgi, repeatedly delayed launch time, although repeatedly promised but sincerity compliance.
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Under repeated coordination no avail, December 16, 2008, the Trade and Industry Bureau Baoding Baoding City Intermediate People's Court to submit a complaint.
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Developers court against
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Baoding City Intermediate People's Court of First Instance that the agreement signed by both parties after the Department true expression of the will of the parties, and does not violate the law, recognized as valid, the two sides should be about performance. Chunyu company Failing agreement on schedule delivery of housing to the plaintiff Baoding Trade and Industry Bureau, has been a breach of contract, the agreement shall be liable for breach of the agreed standards.
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The court found that the company's delay in performance delivery obligations rain, postponed several times has yet to fulfill, and its construction without legal formalities, has been unable to achieve the purpose of the contract,chaussures louboutin, the plaintiff requested the lifting of both houses Agreement and the Supplemental Agreement,hogan interactive, should be supported.
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Accordingly,http://bbs.v5ac.com/forum.php?mod=viewthread&tid=65083&fromuid=15753, the court to terminate the contract signed by both parties, the decision to take effect in the spring the company ten days to return AIC 33.89 million yuan to buy a house (in addition to 610,000 yuan has yet), and payment of liquidated damages.
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Chunyu company appealed that the Trade and Industry Bureau of eligibility is not the subject of proceedings in this case and have not submitted to the reasons put forward for the cause of God,http://www.afirmfwc.org/cgi-bin/index.cgi, to pay high premiums no legal basis.
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Developers Panpei 54.35 million liquidated damages
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High Court confirmed the first instance to identify the facts, that the houses from signing a contract to fulfill, which are subject company AIC and rain. Trade and Industry Bureau said it was not rain eligibility grounds the plaintiff's case, the lack of basis.
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In addition, "the demolition of the real estate development that must be addressed, whether or not the demolition constitute force majeure factors Jiaofang."
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Liquidated damages amount is too high for the company's proposed spring issue, the court held that, since prices are already is 3-4 times the original sale price,http://www.tukipie.net/comono/index.cgi, the agreement does not constitute a breach of contract was too high in the case. Since the agreement submitted to the time agreed in August 2002 to 31 May to prosecution, Chunyu company has not yet submitted, constituted a fundamental breach of contract, breach of contract should bear the responsibility.
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Accordingly, the High Court upheld the first instance judgment and with the release and return of paying back the principal's decision. Also, Chunyu company pay liquidated damages 5435.2296 million,http://bbs.tongchengtao.cn/forum.php?mod=viewthread&tid=92900, and since December 17, 2008 to the date of the beginning of the judgment, interest Chunyu company 33.89 million yuan to buy a house by the Chinese People's Bank lending rates over the same period to pay the Baoding City Industrial and Commercial Bureau.
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■ text / reporter Li Yuan correspondent Ding Li Sheen