Nominal owner on behalf of other people donated the house, the true owner get the house back successfully

基本案情：

原告是第三人是父親，被告是第三人的妻子。2016年，原告位于某區(qū)的自建房被拆遷,以第三人的名義簽訂了拆遷協(xié)議,申購了案涉房產(chǎn),其中購房款335246.67元,全部用被拆房屋的拆遷補(bǔ)償款支付。2019年4月10日,第三人辦理了產(chǎn)權(quán)證。房屋交付后,原告對房屋進(jìn)行了裝修，之后, 原告夫妻、原告之女、第三人、原告外孫5人共同居住至今,房屋產(chǎn)權(quán)證也一直是由原告保管。2022年1月,第三人在其明知案涉房屋實(shí)際系原告人所有的情況下,通過掛失的方式獲取了不動(dòng)產(chǎn)權(quán)證，并將案涉房屋過戶至被告名下。原告通過起訴，主張案涉房屋所有權(quán)，一審判決支持了當(dāng)事人的訴求。對方當(dāng)事人上訴后，二審維持了一審判決。對方上訴后，2023年7月19日二審法院判決駁回上訴，維持原判。

basic case:

The plaintiff ever had an house constructed by himself which was levied in 2016. In order to acquire more area of demolition and resettlement house, the plaintiff signed the demolition and resettlement agreements with the government in the name of third party who’s his son beside his name. The amount of the house purchased by the third party in accordance with the demolition and resettlement agreement is three hundred thousand yuan, which was counteracted with the compensation of his house demolished by the government. The third party got the certification of the house from housing and construction bureau on April 10th 2019. The plaintiff decorated the house after the delivery of the house. The plaintiff , his wife, his daughter and grandson, the third party have lived in the house since the house was decorated. The certification of the house was controlled by the plaintiff. Once the defendant knew there was a house in the name of the third party, she told the third party that she would marry him if he consented to donate the house to her, he admitted that.

Indicated by the defendant, the plaintiff announced the loss of the house certification on January 24th 2022, then they registered their marriage relationship at civil affairs bureau on February 10th 2022 and third party transferred the ownership of the house to the defendant without any consideration at real estate registration center on April 13th 2022.

不利因素：

1.根據(jù)當(dāng)?shù)氐牟疬w政策，第三人可以分戶以自身名義簽訂安置協(xié)議購買安置房，很可能被認(rèn)定為真正的權(quán)利人；

2.第三人向被告贈(zèng)與的房產(chǎn)已經(jīng)完成了過戶登記，并辦理了新的不動(dòng)產(chǎn)權(quán)證書；

3.第三人和被告在婚姻存續(xù)期間的財(cái)產(chǎn)轉(zhuǎn)讓行為具有一定的合理性。

unfavorable factors:

1.It’s much probable to regard the third party as the true owner of the house rather than the plaintiff because the third party is the object of demolition and resettlement in accordance with the local policy.

2.The donation of the house was completed because the transference of the house has been registered in real estate registration center which is consistent with the characteristic of completing the real estate transference.

3. There’s a reasonable and appropriate fact about the transference during the period of the couple relationship existence.

應(yīng)對措施：

1.綜合許多細(xì)節(jié)性的事實(shí)進(jìn)行分析，可以證明被告使用了欺詐的手段獲得了案涉房屋。

2.案涉房屋支付的對價(jià)來自于原告自建房被拆除后的補(bǔ)償款。

3.第三人獲得案涉房屋的行為不符合善意取得的法律規(guī)定。

Coping strategies:

1.Synthesize many fact and analyze them, it could be proven that the defendant acquired the house by fraud measures.

2.The consideration of the house all results from the compensation of demolishing the plaintiff’s self construction house, the certification of the house is controlled by the plaintiff, the plaintiff’s family live in the house, all above could prove that the plaintiff is the true owner of the house.

3.The behavior of the defendant isn’t consistent with acquisition in kindness stipulated by laws.

裁判結(jié)果：

一審判決要求被告向原告返回房產(chǎn)，并配合辦理過戶手續(xù)，二審維持原判。

Judgement and arbitration award：

The transference of the house between the third party and the defendant was void and the defendant must return the house to the plaintiff.