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案例2011年8月,张某与王某签订了一份《房屋买卖协议》,约定王某将自建的120平方米房屋卖给张某,价格为20万元。张某先行给付4万元定金,余款16万元于王某交房时交清,如一方违约,则应承担相应法律责任。合同签订后,张某给付了王某4万元定金,王某给张某出具了收据。事后不久,恰逢房产部门到王某房屋所在区域做房屋动迁摸底调查。王某为获得高额拆迁款,遂以被张某欺骗为由,多次找张某要求退还定金,不再卖房,但遭张某拒绝。协商未果,王某不再理会张某,将房屋以更高价格出售给李某,并办理了过户,张某得知后起诉至法院。疑惑1.王某不履行协议的行为是否应予支持?2.协议中的4万元定金该如何处理?
Case In August 2011, Zhang and Wang signed a “House Sale Agreement,” Wang agreed to build 120 square meters of self-built houses sold to Zhang, the price is 200,000 yuan. Zhang pay 40,000 yuan deposit first, the remaining 160,000 yuan to pay off when Wang submitted, such as one party default, you should bear the corresponding legal responsibility. After the signing of the contract, Zhang paid Wang 40,000 yuan deposit, Wang gave Zhang issued a receipt. Shortly afterwards, coincided with the real estate sector to do the housing relocation area where Wang houses survey. In order to obtain high demolition money, Wang was cheated by Zhang, repeatedly asked for a refund of Zhang deposit, no longer sell, but was rejected by Zhang. Negotiations failed, Wang no longer care about Zhang, the house sold to Lee at a higher price, and handled the transfer, Zhang learned that after the prosecution to the court. Doubts 1. Wang does not perform the agreement should support the behavior? 2 agreement in the 40,000 deposit how to deal with?