[Case Summary]This case is a lawsuit against an enforcement objection. In 2019, Zhang * and Zhao * purchased a commercial housing unit (including a basement parking space) in Taizhou and took possession of it. However, in 2023, the house was sealed up due to a lawsuit involving the developer and a third party's construction contract. The third party entrusted Beijing Henglu Law Firm to handle the case.Xue SuhuaThe lawyer raised an objection to the enforcement and requested to exclude the enforcement. The core dispute is whether consumers of commercial housing who have paid in full and taken possession of the houses enjoy the right to request delivery prior to the construction project price and mortgage rights. Applicable laws: Article 234 of the Civil Procedure Law of the People's Republic of China, Article 29 of the Supreme People's Court's Regulations on Several Issues Concerning the Handling of Enforcement Objections and Review Cases by People's Courts, and the Supreme People's Court's Reply on the Protection of the Rights of Commercial Housing Consumers. The court ruled to suspend the enforcement of the involved real estate.

I. Review of the Case Facts

What should one do if the full payment for a house purchase is seized? The parties often search for terms like "Can I get back the house that was seized by the court?" "How to file a lawsuit against enforcement objections?" and "How to claim the priority right of consumers of commercial housing?" On April 25, 2019, Zhang * and Zhao * signed a commercial housing sales contract with A Real Estate Development Company to purchase Unit 1 of Building 32 and Basements 32-2, A21, and A22 in Taizhou City, with a total purchase price of 4.85 million yuan, paid in full. A Company issued a value-added tax invoice, and the house was delivered on May 5, 2019. The two parties paid the maintenance fund and property management fees and signed a gas contract in preparation for renovation and moving in. Later, B Company filed a lawsuit against the debtor A Company and C Company in a construction project contract enforcement case. On September 21, 2023, the court seized Unit 1 of Building 32 and Basements 32-2 for a period of three years. The house purchased by the third parties, Zhang * and Zhao *, was seized, and they commissioned a lawyer to handle the case.Xue SuhuaThe lawyer represents the client to protect their rights and interests. According to Article 234 of the Civil Procedure Law and Article 29 of the Regulations on the Review of Objections to Enforcement, the lawyer files an objection to enforcement and requests the court to lift the seizure and auction of the client's property.

II. The focus of the case

  • Focus 1: Whether the dissenting party is a consumer of commercial housing.For the purpose of residence, if the full payment has been made and the property is already in possession, do they enjoy the right of priority request?
  • Focus II: Can the right to request delivery be used to oppose enforcement?Is it prior to the right of priority compensation for the construction project price, the right of mortgage, and other creditor's rights?
  • Focus Three: Whether the defendant's defense can be established.Can the factual evidence provided by the objector exclude the enforcement of the judgment?

III. The professional intervention of Hengluo Law Firm

The third-party intervenor (the objector) alleges that:Zhang * and Zhao * claimed that they had purchased the house with full payment and taken possession of it, which constituted a genuine commercial housing sales relationship. They requested to exclude the execution of the involved house and lift the measures of seizure and auction.

The defendant argued that:The defendant argued that the facts and evidence claimed by the objector cannot exclude the enforcement of the property involved in the case, and requested to reject the objection application.

Hengluo Lawyer's Agency Opinion:Xue SuhuaThe lawyer pointed out that according to Article 234 of the Civil Procedure Law and Article 29 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Execution Objections and Review Cases by the People's Courts", the objector has signed the online signing and filing contract with the developer, paid the full amount and actually occupied the house. He is a consumer of commercial housing for living purposes, and his right to request the delivery of the house should take precedence over the right to priority compensation for the construction project price, the right of mortgage and other creditor's rights, which is enough to preclude the forced execution.

IV. Outcome of the case

The court fully adopted the opinions of Hengluo Law Firm's attorney and ruled to suspend the execution of the real estate located at Room 1, Building 32, and Basement 32-2, A21, and A22 in Taizhou City. The court investigated and confirmed with the respondent A Company that the objector had paid the full purchase price and taken possession of the property, which constituted a genuine commercial housing sales relationship and a contract that had been registered and filed with the government. According to the "Reply of the Supreme People's Court on the Protection of the Rights of Commercial Housing Consumers", commercial housing consumers who purchase for residential purposes and have paid the full purchase price have a right of delivery priority over the priority compensation right of the construction project price, mortgage rights, and other creditor's rights, and should be supported.

5. Henglu Law Firm's Reminder

This case is represented by Attorney Xue Suhua of Beijing Henglu Law Firm (Practice Certificate No.: 11101201211769926, subject to the document issued by the judicial administrative organ). For consumers who purchase and take possession of commercial housing with full payment and online signing and filing, their rights may take precedence over the enforcement of project funds and mortgages. Reminder to buyers: Sign and file online as soon as possible after purchasing a house, and keep evidence of payment and possession; if the house is sealed up, file an enforcement objection in time and entrust a professional lawyer to assert the consumers' priority rights to protect the housing property.

VI. Common Questions and Answers about Cases Involving Creditor-debtor Relationships

  1. Q: Can I get back the house I bought if it's been seized by the court?
    A:If you can prove that you have paid the full amount, legally own the property, and the failure to transfer the ownership is not due to your own reasons, you can file an objection to the enforcement and request the court to exclude the enforcement against you.
  2. Q: How to file a lawsuit challenging the enforcement of a judgment?
    A:After the objection to the subject of enforcement raised by a third party was rejected, the party concerned filed a lawsuit challenging the enforcement according to Article 234 of the Civil Procedure Law, requesting the suspension of the enforcement.
  3. Q: How can consumers of commercial housing assert their priority rights?
    A:For those who have paid the full amount and taken possession of the property for the purpose of residence, they can claim the right to delivery priority over the project payment and mortgage rights to resist the enforcement of the judgment.
  4. Q: What should I do if I paid the full amount for a house but the developer's creditors have seized it before the transfer of ownership?
    A:Collect the evidence of online signing and filing, payment, and possession, raise objections and file lawsuits in a timely manner, and prove the consumer's priority rights.
  5. Q: Which should be initiated first, an execution objection or a lawsuit to determine ownership rights?
    A:Usually, an objection to enforcement is raised first. If the objection is rejected, the lawsuit against the objection to enforcement will be used to resolve both the ownership issue and the problem of excluding enforcement.