Chongqing Haoyun Real Estate Development Co., Ltd. v. Owners’ Committee of Dijing Hoayuan, Xipeng, Jiulongpo District, Chongqing (Dispute over Parking Spaces)—Parking Spaces Occupying Roads or Other Places Jointly Owned by the Owners are Subject to Common Ownership by the Owners

Abstract

The Developer, when developing the community, paid the fees for the grant of land use rights within the construction area, thus becoming the holder of construction land use rights. Upon completion of the community, the land use rights within the construction area of the community, along with the sale of the housing within the community, are also transferred to the owners of the community. The land use rights to the common areas of the community shall be jointly owned by the owners of the community, so those ground parking spaces which cannot be registered as owned by specific owner to become an exclusively-owned area with separate ownership are parking spaces occupying roads or other places jointly owned by the owners for parking cars, and, subject to Article 74 of the Property Law, shall be jointly owned by the owners.

Collegial panel judges of the Supreme People’s Court for re-trial: Pan Yongfeng, Wang Jijun, Wang Dan (Written by: Pan Yongfeng, Supreme People’s Court; Translated by: Niu Benlin).