Can I apply for a pre-sale permit for a project under construction sealed up by the court?

Cann't handle it Once the house is sealed up, it will take legal effect, and the house registration agency will not handle any formalities.

According to the provisions of Article 22 of the Notice on Standardizing the People's Court's Execution and Assisting the Land, Resources and Real Estate Management Departments in Execution according to Law:

For the land use rights and houses sealed up and pre-sealed up by the people's court according to law, the administrative departments of land resources and real estate shall not handle the formalities of mortgage, transfer and other ownership changes and transfer registration.

Land resources and real estate management departments know that land use rights and houses have been sealed up or pre-sealed up by the people's courts, but they still go through the formalities of change and transfer of ownership such as mortgage and transfer, and the relevant land resources, real estate management departments and persons directly responsible can handle them in accordance with the provisions of the Civil Procedure Law.

Extended data

Case:

Guangsha Company applied for execution because Long Fu Company failed to fulfill the sum of RMB 30 million determined in the mediation. The Chongqing Higher People's Court seized the land use right of the project under construction and Longfu Hotel under the name of Long Fu Company during the implementation, and found that the project establishment and planning of the project under construction in Long Fu Hotel were approved by the overall construction project, and the land use right of the project land had been transferred.

Chongqing Higher People's Court entrusts an appraisal company to appraise the above-mentioned projects under construction and land use rights, and the appraisal conclusion is that the market value of the above-mentioned projects under construction and land use rights is 82,430,300 yuan.

In addition, the users indicated on the land use right certificate, construction project permit and construction land planning permit issued by Helan County People's Government are all Long Fu Company, while the Helan County House Property Right Registration Management Office illegally registered the relevant house property rights in the names of individuals such as Chen and Chen Xx before the main body of the hotel has been capped and the completion acceptance has not been completed. After the relevant house property certificate is revoked.

The Supreme Court held that the case did exceed the amount of the subject matter from the assessed price, but whether the seizure of the excess part should be lifted should also be determined according to the specific circumstances of the case.

The enforcement court has the right to consider factors such as delayed performance interest, unpaid land use right transfer fee, various taxes and fees, auction commission, transfer fee of auction target, and the proportion that can be lowered according to law when determining the auction reserve price.

At the same time, the subject matter of this case, "Long Fu Hotel", is a project under construction, which should not be divided according to the plan. As for some of the properties that were arbitrarily disposed of by the executor and judged by other courts, they were excluded from the auction target, which was caused by the illegal registration of property rights by Chen, the legal representative of the executor.

In view of the fact that it has become a fait accompli and is difficult to handle, deducting it from the auction target does not mean that the auction project under construction is the target suitable for division. Therefore, it is not improper for the enforcement court of this case to seal up and dispose of the subject matter as a whole.

People's Court-Notice on Joint Implementation of People's Court and Land Resources and Real Estate Management Department