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No. 7 of 10 Model Cases on Administrative Agreements Issued by the Supreme People's Court (Batch 1): Ma Nuo v. the People's Government of Longsha District, Qiqihar City, Heilongjiang Province (case of non-performance of an agreement on compensation for house expropriation)
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最高人民法院发布10起行政协议典型案例（第一批）之七：马诺诉黑龙江省齐齐哈尔市龙沙区人民政府不履行房屋征收补偿协议案
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【法宝引证码】
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| No. 7 of 10 Model Cases on Administrative Agreements Issued by the Supreme People's Court (Batch 1): Ma Nuo v. the People's Government of Longsha District, Qiqihar City, Heilongjiang Province (case of non-performance of an agreement on compensation for house expropriation) | | 最高人民法院发布10起行政协议典型案例（第一批）之七：马诺诉黑龙江省齐齐哈尔市龙沙区人民政府不履行房屋征收补偿协议案 |
| 1. Basic Facts | | 基本案情 |
| In 2011, the People's Government of Longsha District, Qiqihar City, Heilongjiang Province (hereinafter referred to as the “Longsha District Government”) imposed expropriation of Sanhe district in urban village. Ma Nuo had two non-residential houses with certificates in the district with an area of 610 square meters and 352.6 square meters respectively. In October 2011, Ma Nuo and the Office of the Leading Group for Urban Village Reconstruction of Longsha District, Qiqihar City (hereinafter referred to as the “Urban Village Reconstruction Office”) entered into two agreements on compensation and resettlement for the expropriation of non-residential houses, having reached agreement on the housing resettlement area, loss of production and business suspension, and calculation standards for compensation for temporary resettlement, among others. In May 2016, without Ma Nuo's consent, the Urban Village Reconstruction Office reserved a house for commercial services at Sanhe Jiayuan, covering an area of 928.84 square meters, for two expropriated houses for Ma Nuo. Ma Nuo did not agree to combine the two houses into one and did not accept the house. Later, Ma Nuo and the Urban Village Reconstruction Office agreed to divide the original house with an area of 352.6 square meter into three houses for resettlement, and respectively concluded three agreements on resettlement compensation for expropriation of three non-residential houses. The original house with an area of 610 square meter was divided into three houses for resettlement, and respectively concluded three agreements on resettlement compensation for expropriation of three non-residential houses. The agreement in dispute was one of the compensation agreements. The agreement stipulated that from the date of relocation acceptance to the notification of entering household, the loss of production and business suspension and temporary resettlement fees could be calculated and paid on a monthly basis. In September 2018, the House Expropriation and Compensation Office of Longsha District, Qiqihar City (hereinafter referred to as the “Longsha District Expropriation Office”) issued a notice on house selection and entering household for expropriation and resettlement (forward house under construction) in Sanhe Village. The Urban Village Reconstruction Office believed that Ma Nuo had been notified of entering household in May 2016, and the losses of production and business suspension and temporary resettlement fees should be paid until May 2016. Ma Nuo refused to accept it and instituted an administrative litigation, requesting payment of compensation for suspension of production and business, and compensation for temporary resettlement, until September 2018. | | 2011年，黑龙江省齐齐哈尔市龙沙区人民政府（以下简称龙沙区政府）对城中村三合地段实施征收。马诺在该地段有两处有证非住宅房屋，面积分别为610平方米、352.6平方米。2011年10月，马诺与齐齐哈尔市龙沙区城中村改造领导小组办公室(以下简称城中村改造办)订立了两份非住宅房屋征收补偿安置协议书，就房屋安置面积、停产停业损失、临时安置补偿费计算标准等进行了约定。2016年5月，城中村改造办未征得马诺同意，就两处被征收房屋为马诺预留三合家园商服一套，面积为928.84平方米。马诺不同意将两户房屋合成一户，故未接收该房。后马诺与城中村改造办约定将原352.6平方米房屋分成三户安置，并分别订立了三份非住宅房屋征收安置补偿协议书。将原610平方米房屋分成三户安置，并分别订立了三份非住宅房屋征收安置补偿协议书。涉案协议系其中一份补偿协议。该协议约定，从搬迁验收之日起至通知进户止，按月计发停产停业损失、临时安置费。2018年9月，齐齐哈尔市龙沙区房屋征收与补偿办公室（以下简称龙沙区征收办）下发三合村地段征收安置（期房）选房进户通知单。城中村改造办认为2016年5月已通知马诺进户，停产停业损失、临时安置费应给付至2016年5月。马诺不服提起行政诉讼，请求给付停产停业损失、临时安置补偿费，计算至2018年9月。 |
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