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No. 4 of Seven Model Cases Issued by the Supreme People's Court at the Tenth Anniversary of the Amendment and Implementation of the Administrative Procedure Law: Concurrently Trying the Relevant Civil Dispute in Administrative Litigation and Achieving a Package and One-time Resolution of the Civil-Administrative Overlapping Dispute — Da [REDACTED] v. Housing Property Administration Bureau of New Barag Right Banner, Inner Mongolia Autonomous Region () and Da [REDACTED] v. Si [REDACTED] and Others (Case of Concurrent Trial of Dispute over Housing Registration and Dispute over Ownership Confirmation)
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最高人民法院发布7件行政诉讼法修正施行十周年典型案例之四：达某诉内蒙古自治区新巴尔虎右旗房产管理所房屋登记及达某诉斯某等人所有权确认纠纷一并审理案——行政诉讼一并审理相关民事争议，实现民行交叉争议一揽子、一次性解决
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【法宝引证码】
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- Legal document：
Ruling
- Judgment date：
03-05-2021
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| No. 4 of Seven Model Cases Issued by the Supreme People's Court at the Tenth Anniversary of the Amendment and Implementation of the Administrative Procedure Law: Concurrently Trying the Relevant Civil Dispute in Administrative Litigation and Achieving a Package and One-time Resolution of the Civil-Administrative Overlapping Dispute | | 最高人民法院发布7件行政诉讼法修正施行十周年典型案例之四：达某诉内蒙古自治区新巴尔虎右旗房产管理所房屋登记及达某诉斯某等人所有权确认纠纷一并审理案 |
| — Da [REDACTED] v. Housing Property Administration Bureau of New Barag Right Banner, Inner Mongolia Autonomous Region () and Da [REDACTED] v. Si [REDACTED] and Others (Case of Concurrent Trial of Dispute over Housing Registration and Dispute over Ownership Confirmation) | | ——行政诉讼一并审理相关民事争议，实现民行交叉争议一揽子、一次性解决 |
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| (1) Basic Facts | | （一）基本案情 |
| Da [REDACTED] alleged that he purchased the house involved from the original owner Nu [REDACTED] in 1998. The house was originally a publicly-owned one and may be owned by an individual after paying part of the tax. Da [REDACTED] paid the house purchase money to Nu [REDACTED] and paid the tax payable in his own name before moving into the house involved. In 2010, upon the application of Da [REDACTED], the Housing Property Administration Bureau of New Barag Right Banner, Inner Mongolia Autonomous Region (hereinafter referred to as the "New Barag Right Banner Housing Administration Bureau") registered the house involved and issued a house ownership certificate to Da [REDACTED]. In 2018, as the house involved was included in the expropriation scope, Da [REDACTED] entered into an agreement on expropriation compensation and resettlement with the New Barag Right Banner Housing Administration Bureau. In 2019, Nu [REDACTED]'s daughter Si [REDACTED] and five other persons alleged that before passing away, Nu [REDACTED] told her that Da [REDACTED] had not fully paid for the house involved. After Nu [REDACTED]'s death, Si [REDACTED] transferred and registered the house involved under her name and obtained the house ownership certificate. On these grounds, Si [REDACTED] claimed that she had the right to request expropriation compensation for the house involved. A dispute arose because both parties claimed ownership of the house involved. Da [REDACTED] raised an objection to the house ownership certificate held by Si [REDACTED] and filed an administrative lawsuit, requesting revocation of the house ownership certificate issued to Si [REDACTED] by the New Barag Right Banner Housing Administration Bureau. | | 达某称其于1998年从房屋原所有权人努某处购买了案涉房屋。该房屋原系公房，缴纳部分税款后可以归个人所有，达某将购房款交付努某并以其个人名义缴纳应缴税款后入住案涉房屋。2010年，内蒙古自治区新巴尔虎右旗房产管理所（以下简称新巴尔虎右旗房管所）依达某申请，对案涉房屋进行房屋登记并为达某办理了房屋所有权证。2018年，因案涉房屋被纳入征收范围，达某与新巴尔虎右旗房管所签订了征收补偿安置协议。2019年，努某之女斯某等六人称，努某去世前告知斯某，达某购买房屋未支付全部购房款，努某去世后，斯某将案涉房屋变更登记至其名下，并办理了房屋所有权证，据此主张其享有案涉房屋征收补偿款的请求权。由于双方均主张对案涉房屋享有所有权，因此发生纠纷。达某对斯某持有的房屋所有权证提出异议并提起行政诉讼，请求撤销新巴尔虎右旗房管所向斯某颁发的房屋所有权证。 |
| (2) Reasons for the Judgment | | （二）裁判理由 |
| ．．．．．． | | ．．．．．． |
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