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The real estate administrative registration and administrative compensation dispute cases, Kunshan City Kaijinting Real Estate Co., Ltd. v. Kunshan Municipal Bureau of Land and Resources

By PRC Supreme People's Court

February 1, 2023

Source: Key points of case judgment from "Gazette of the PRC Supreme People's Court" Volume 2022

 

Case judgement opinions summary:

Real estate registration is the publicity of real estate, involving civil and administrative dual legal relations. It should not only comply with civil legal norms such as legal property rights, but also comply with relevant administrative regulations of real estate registration. The type and content of real right are prescribed by law, and the parties have no right to change the legal content of real right by agreement. If the registration authority registers the agreed content without legal basis, which violates the legal principle of property rights, and the parties request to cancel the relevant registration content, the people's court shall support it.