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一起房屋租赁纠纷的多年诉争:租下整栋楼后,共有面积归谁支配?
Peng Pai Xin Wen· 2025-03-26 06:40
Core Viewpoint - The ongoing legal dispute centers around the rental agreement for a building in Xi'an, where the tenant claims rights to common areas that the landlord has rented out to other businesses, leading to multiple court hearings and appeals [1][2][9]. Group 1: Background of the Case - The building in question, located at 39 Dongguan South Street, Xi'an, was originally a dye factory with a total construction area of 5,090.55 square meters, of which the first three floors have legal ownership [3][5]. - The tenant, Zhou Yanxin, signed rental agreements in November 2016 for the entire building, intending to open a hotel, but faced issues when the landlord rented out common areas to other businesses [5][6]. Group 2: Legal Proceedings - Initial court rulings supported Zhou's claims, but subsequent appeals led to a re-examination of the case by higher courts, indicating procedural issues in the earlier judgments [1][10][12]. - The Xi'an Intermediate Court confirmed that Zhou had effectively rented the entire building, including common areas, but the landlords failed to deliver these areas as stipulated in the contract, constituting a breach of contract [11][18]. Group 3: Court Findings and Rulings - The court found that the common areas, which include hallways and lobbies, were designated for shared use among tenants and should have been included in Zhou's rental agreement [8][18]. - The first-instance court ruled in favor of Zhou, ordering the landlords to return the common areas and compensate for rental losses amounting to 1,072,000 yuan [8][12]. - However, the higher court later determined that the common areas had been repurposed for commercial use, which complicated the ownership and rental rights, leading to further legal challenges [9][14]. Group 4: Current Status - As of now, the case has returned to the Beilin District Court for a third round of hearings, with no final judgment made yet [2][18].