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【裁判要旨】购房人基于商品房买卖合同关系和按揭贷款合同关系同时起诉开发商和按揭银行时,按揭银行的诉讼地位当然为被告。当按揭贷款合同因商品房买卖合同解除而解除时,应当明确其解除效力的溯及力并确定合理的损失赔偿额。同时,在遵循合同相对性原则的前提下,为了履行的便利,从最终结果出发,可以判决开发商直接承担购房人在按揭贷款合同项下的责任。
Referee motivation buyers based on the sale of real estate contract relationship and the mortgage contract at the same time prosecute developers and mortgage banks, the mortgage bank’s legal status as the defendant. When the mortgage loan contract is lifted due to the cancellation of the contract for the sale and purchase of commercial houses, the retrospective effect of the dissolution of the mortgage loan contract shall be clarified and a reasonable compensation for damages shall be determined. At the same time, on the premise of following the principle of contractual relativity and for the convenience of implementation, from the final result, developers can be ruled that the developer should directly assume the responsibility of the purchaser under the mortgage loan contract.