1.Jinan Wanda Commercial Plaza Real Estate Co., Ltd. v. Zhao Minghu (application for retrial of case regarding dispute over a contract on compensation for housing demolition and resettlement)

[Judgment Abstract]

The real estate ownership certificate, as a public method for the registration authority to confirm the actual property owner, is issued by the registration authority to the right holder as a piece of evidence proving that the right holder is entitled to the real right in the real estate. It is also the basis for a people's court to mediate and adjudicate the real estate dispute, but it is not the natural basis for the people's court to hear the case. As the external form of the right, the ownership certificate only has the presumptive evidentiary effect, and it is not always consistent with the actuality. If such an inconsistent situation happens, according to Article 17 of the Property Law, if one party claiming the right of the real estate has sufficient evidence to prove that the right holder recorded on the ownership certificate of a real estate is not the real right holder, and he is the real right holder, then the court should deny the rights of the right holder recorded in the ownership certificate, and support the request of the party who provides evidence.

2.Shaanxi Jin'ao Real Estate Co., Ltd. v. Xi'an Xincheng Infrastructure Construction Co., Ltd. (appeal case regarding dispute over a contract on compensation for housing demolition and resettlement)

[Judgment Abstract]

House demolition is an issue of great social influence and many interests involved in China, whereby a special way to settle disputes from it is adopted in laws. In accordance with the Reply of the Supreme People's Court on Whether or Not the People's Court Shall Accept the Civil Litigation on the Dispute over Compensation and Relocation Whereby the Parties Concerned Fail to Reach An Agreement of Compensation and Relocation Regarding House Demolition and Relocation, “Where the person carrying out the demolishment and the person whose house is to be demolished or the person carrying out the demolishment, the person whose house is to be demolished and the person who rents out his house fail to reach an agreement of the compensation and relocation regarding the house demolishment and relocation and file a civil litigation on the dispute over compensation and relocation, the people's court may not accept it and shall notify the parties concerned of applying to the relevant department for an arbitration according to Article 16 of the Regulation on the Administration of Urban House Demolishment and Relocation.” Therefore, if a person carrying out the demolishment and a house owner, after rounds of negotiations, still fail to reach an agreement of compensation and relocation regarding the house demolition and relocation, neither of them may file litigation directly to a peoples' court.

3Kadel Aldu v. Xinjiang Zhenqiang Real Estate Development Co., Ltd. (case regarding dispute over a house demolition contract)

[Judgment Abstract]

Where, in a contract for the sale of commercial houses, the seller and the buyer thereto dispute the inconsistency of building area, the dispute should be settled in accordance with the provisions in the contract, if there is indeed any therein. If there are no such provisions or the provisions are unclear, the dispute should be resolved according to specific circumstances. When the actual area of a house is larger than the contract area, the seller should pay for the part whose absolute value of area error ratio exceeds 3%; if the said number is below 3%, the buyer shall pay the difference on the basis of the contract price.

From：www.chinalawinfo.com