Case Name:Guo Jingjing v.Luoyang Kaifeng Real Estate Development Co.,Ltd

　　Undertakers:Su Dongge,He Jiazi

　　Cause of case:Disputes over sales contracts for commercial housing

　　Case Description:

　　The plaintiff Guo Jingjing and the defendant Development Real Estate Company signed a loan agreement on November 2,2015.The two parties agreed that Development Real Estate Company would borrow 1 million yuan from Guo Jingjing for a period of one month,with interest paid at a rate of 3%per month.If the repayment was not made on time,a penalty of 0.5%per day would be charged for the overdue amount.On the day of signing the agreement,the plaintiff Guo Jingjing transferred 1 million yuan to the Development Real Estate Company through bank transfer as agreed.The Later Development Real Estate Company failed to repay the loan upon maturity,and the two parties reached an agreement on December 17,2015,agreeing that Guo Jingjing would purchase two commercial properties developed by the Development Real Estate Company.Previously,the 1 million yuan loan from the Development Real Estate Company would be used to offset Guo Jingjing's purchase price.Both parties have agreed that if the development real estate company repays all the loans and interest before March 10,2016,the commercial housing sales contract can be terminated.On December 17,2015,Guo Jingjing signed two pre-sale contracts for commercial housing with Kaifeng Real Estate Company.The defendant,the development real estate company,has not yet repaid the loan and has not fulfilled the pre-sale contract for commercial housing.They even sold two commercial properties to a third party and registered them with advance notice.On June 3,2016,Guo Jingjing filed a lawsuit with the court demanding that the development real estate company fulfill the contract according to the agreement.

　　Result:As of now,the court has ruled that the reasons for the defendant's separate prosecution are not valid

　　Reject their lawsuit.

　　Business achievements:Firstly,since the filing of the case by the plaintiff Guo Jingjing,the defendant,the Development Real Estate Company,has used various means to delay the litigation process,transforming passivity into initiative.From raising jurisdictional objections and appeals at the time of filing,to submitting a request to suspend the trial during the trial period,the defendant filed a separate lawsuit on the grounds of obvious unfairness,requesting the revocation of two purchase contracts.The series of litigation techniques adopted by the defendant in the procedure may be detrimental to our side,but they can also be used as a reference.

　　Secondly,one of the main controversies in this case is whether the two pre-sale contracts for commercial housing signed by both parties are obviously unfair and whether they can be revoked;In addition,whether the two pre-sale contracts for commercial housing involved in the case were guarantees taken by the plaintiff for loans,and whether they can be determined as civil loan disputes in accordance with Article 24 of the"Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Loan Cases".