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BackThe Tainan District Court sentenced Huang to demolish his house and return the land and compensate him for the loss of rent.
The Tainan District Court sentenced Huang to demolish his house and return the land and compensate him for the loss of rent.
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自由时报39 minutes agoLaw2 min readChinaView original

The Tainan District Court sentenced Huang to demolish his house and return the land and compensate him for the loss of rent.

Quick Look

  • The Tainan District Court ruled that Mr.
  • Huang, who leased the land of the House of Humanity and subleased it to an electronic arcade, must demolish the 112.33 square meters of land he occupied and return it to the land.
  • He must pay NT$87,570 in compensation after deducting the deposit amount, and pay NT$15,763 monthly starting from January this year until the land is returned.

AI-generated summary

Why It Matters

Tainan Ren'ai Home took over the properties of Yi Tian and Japanese-controlled Charity Homes in the Qing Dynasty. It has vast land under its name. In the early years, it rented out prime areas for citizens to build houses. In recent years, it has often resulted in lawsuits due to the death of the original lessee and the issue of inheritance and contract exchange.

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Mr. Huang rented the land from the House of Humanity and sublet it to an amusement park. He refused to renew the contract but argued that he could continue living by depositing the rent. The Tainan District Court ruled that Mr. Huang must demolish the house and return the land to the property and pay compensation for losses. (Photo by reporter Wang Jie)

The land leased refused to change the contract and was also rented to an electronic arcade. However, the man surnamed Huang who leased the land from the Tainan Humanity House claimed that he could live there permanently as long as he deposited the rent. After a trial, the Tainan District Court ruled that Huang would demolish the house and return the land, and pay monthly compensation for rent losses.

In the early years, Huang's father leased land in the North District of Tainan from the House of Humanity to build a four-story building. After the lease expired, the contract was not renewed, and the House of Humanity continued to send bills and collect rent. After Huang's father passed away, Huang Nan inherited the property. Renai Home notified him to transfer the lease rights, but at the end of last year, Huang Nan sent a certificate of deposit letter indicating his refusal to change the lease. Habitat for Humanity has refused to collect rent since last year, determined that the lease had been terminated, and filed a lawsuit demanding the demolition of the house, the return of the land, and the pursuit of unjust enrichment.

Huang Nan responded by claiming that Renai Home is supervised by government regulations and can only rent to house builders according to regulations. He has always paid rent on time, made deposits after being rejected, and has the right to continue to live in the house. However, the court investigation found that the first and second floors of the house were rented out to operate an electronic game arcade, and advertisements were hung on the exterior walls. The judge wrote to the Ministry of Health and Welfare to confirm that the leasing of land by a consortium is an autonomous act of private law, and the competent authority has no right to interfere with the lease renewal. Since Huang Man refused to renew the contract and deposited the rent afterwards, it was difficult to conclude that the two parties still agreed on the lease, which constituted no right to occupy.

The South Court considered that the place was adjacent to a train station and had prosperous commercial functions. It calculated the rental benefit based on the annual interest rate of 8% of the declared land price, and ruled that Huang must demolish the 112.33 square meters of land he occupied and return the land. After deducting the deposit amount, he must pay the House of Humanity 87,570 yuan, and pay 15,763 yuan monthly starting from January this year until the land is returned. The whole case is still subject to appeal.

Tainan Ren'ai Home took over the properties of Yi Tian and Japanese-controlled Charity Homes in the Qing Dynasty. It has vast land under its name. In the early years, it rented out prime areas for citizens to build houses. In recent years, it has often resulted in lawsuits due to the death of the original lessee and the issue of inheritance and contract exchange.

Open Questions

  • Will Huang Nan appeal this decision?
  • Will Habitat for Humanity continue to lease the land to other tenants?

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This article was originally published by 自由时报.

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