开发商一房二卖被判双倍赔偿

发布日期:2012-05-09    【字号:  
  日前,南通两级法院针对一起开发商一房二卖引发的房屋买卖纠纷作出判决,判令被告开发商双倍赔偿。据悉,此前多数案例只判赔部分损失或银行同期利息,南通两级法院这一判决全国少见。
  2009年初,在南通做生意的陈女士在当地花67万多元买了套商品房。可她在交完全款后,却发现开发商将房子卖给了其他人。时至今日,那套房子价值已超过百万,陈女士认为自己损失巨大,便起诉到法院,要求开发商双倍赔偿。5月4日,南通中院对这起因“一房二卖”引发的房屋买卖合同纠纷宣判,判决双方的商品房买卖合同解除,开发商不但要返还陈女士购房款67万元,还要再赔67万损失。
  南通中院主审此案的法官吴克宏称,2003年6月1日施行的《最高人民法院关于审理商品房买卖合同纠纷案件适用法律若干问题的解释》,为法院如何审理这类纠纷提供了重要的依据。这个解释的最大意义就是,确立了对开发商恶意违约和欺诈行为适用惩罚性赔偿责任的原则。

The property developer is ruled to double compensation for one house being sold to two parties

Recently, Nantong courts at two levels rendered decisions on double compensation for the case of one house being sold to two parties by the property developer. It is reported that many cases of similar nature are ruled to compensate the partial loss or the interests before the Nantong Court made such a ruling, which is very few.

At the beginning of 2009, Ms Cheng, who was doing business in Nantong, bought a commercial house worth of RMB 670,000 in Nantong. After she made a full payment, she found the property developer transferred the house to another party. So far that house is worth of more than one million yuan and Ms Chen thinks she suffers a great loss and thus brings a lawsuit in court and claims for the double compensation. May 4, 2012, Nantong Immediate Court rendered a ruling on this case of one house being sold to two parties and ruled the house sale contract was revoked and the property developer repaid the house payment of RMB 670,000 and compensated another RMB 670,000.

Wu Kehong, the presiding judge of the Nantong Immediate Court said the Interpretations of the Supreme Court on Some Issues Concerning Law Applied to the Commercial House Sale Contract issued June 1, 2003 by the Supreme Court provide an important basis for hearing such cases. The most important meaning of the interpretation is to set forth a principle of punitive compensation liability for the violation in bad faith and fraud of the property developer.
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