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媒体报道2010年4月12日,张先生与房主宋女士签约,购买位于海淀区蓝靛厂翠叠园的一套房屋,总价为555万元,张先生计划贷款200万元。第二天,他向宋女士支付了15万元定金。就在张先生办理贷款过程中,因“新国十条”出台,无法得到银行贷款。为此他起诉到法院要求解除与宋女士的房屋买卖合同,并要求对方退还定金。庭审中,张先生提供了与妻子马女士的结婚证,并拿出两个房产证,显示两人名下已分别登记了海淀区、朝阳区各一套房产。房主宋女士认为,两人签订的合同真实有效,而且合同当中已经约定,如果买房人贷款未获批准或批准贷款数额不足,应补足购房首付款。因此不受“新国十条”中关于住房贷款的限制,应按合同执行。法院审理认为,根据有关规定,张先生家庭住房套数已达两套,因此涉案房屋正是“新国十条”规定的第三套房,属于暂停发放贷款的范围。新政导致合同成立后客观情况发生了不属于商业风险
Media Coverage On April 12, 2010, Mr. Zhang signed a contract with Miss Song, the owner of the house, to purchase a house located in the Bluegrass Factory Tsui folding garden in Haidian District, with a total price of 5.55 million yuan. Mr. Zhang plans to loan 2 million yuan. The next day, he paid Ms. Song 150,000 yuan deposit. In the process of Mr. Zhang for loans, because “new country 10 ” introduced, can not get bank loans. To this end, he sued the court for the lifting of the sale of housing contracts with Miss Song, and asked each other to refund the deposit. In the trial, Mr. Zhang provided a marriage certificate with his wife, Ms. Ma, and took out two real estate licenses, indicating that the two individuals had separately registered a set of real estate in Haidian District and Chaoyang District. Owner Miss Song believes that the two signed a real contract, and the contract which has been agreed, if the purchase of a home loan is not approved or approved the amount of loans is insufficient, should make up for the purchase of down payment. Therefore, it is not subject to the restrictions on housing loans in the Ten New States, which should be implemented according to the contract. According to the court's examination, according to the relevant regulations, the number of Zhang's family housing has reached two sets, so the house involved is the third suite stipulated in the “New State 10 Rules”, which belongs to the scope of suspending the loan. The New Deal led to the objective situation after the contract was established does not belong to commercial risk