New Country 10 cases hearing down payment increase claiming to be unable to pay

"The first payment was increased by 161,000 yuan, I can't bear it."　　"Claiming that the new country 10 after the introduction of the down payment ratio to improve their own inability to pay, Mr Wu sued the court to cancel the sale of housing contracts." This morning, the Chongwen court heard the case.　　After the new regulations, the city Chaoyang and other district courts have entertained a number of similar cases, the case is the first trial.　　The accused sellers said the houses in the case belonged to second-hand housing, should not be subject to the new policy restrictions. Today the focus of the accused broke the prosecution time in court, Ms. Guo thought that the two sides signed the contract is lawful and effective, should continue to perform.　　Moreover, she did not refuse to fulfill her contractual obligations.　　Ms. Guo said Mr. Wu said that because of state policy has led to no loans, in fact, Beijing has not specifically implemented the State Council's notice, its prosecution time later than the policy implementation time. Ms. Guo thought that such cases were also not force majeure. "He defaulted, not me!"　　Ms. Guo's agent said.　　Ms. Guo also said that the deal between her and Mr. Wu belonged to a second-hand house transaction, not a commercial housing transaction, and therefore should not be subject to policy restrictions. After the trial, the judge asked the parties whether they agreed to mediate. Ms. Guo expressly disagreed and requested that the contract be continued.　　In view of this, the judge announced the choice of day sentence.　　The plaintiff claims that the defendant is required to return a deposit of 100,000 yuan Mr. Wu said that April 12, 2010 He and Guo signed a house sale contract, purchase its located in Congwen District, a house in the rich Rhine community, after signing a payment of 50,000 yuan deposit. According to the contract, the two sides should be signed on April 13, April 20 to the bank to deal with the mortgage matters.　　But today, Ms. Guo has not fulfilled the above obligations.　　Mr. Wu said that he prepared a loan for home purchase, the agreed down payment ratio of 20% of the total room, that is about 400,000 yuan.　　As a result of the April 17 State Council issued the "about resolutely curb the rapid rise in the price of some cities" notice, commonly known as the new Country 10, the provision for the first set of home and set the building area of 90 square meters above the family, the loan down payment must not be less than 30%, and the bank has　　The building area of 98.38 square meters, Mr. Wu's down payment ratio was raised to 30%, the first payment to increase than before 161,000 Yuan, Mr Wu said he was unable to bear. He requested the cancellation of the contract, Ms. Guo double return deposit 100,000 yuan.