【裁判要旨】在承租人行使优先购买权案件中,若能认定承租人有购买承租房屋之意愿,则在认定出租人与第三人所签订的房屋买卖协议无效后,可以迳行判决承租人直接依据该协议内容受让承租房屋;否则,应将出租人与第三人之间的买卖协议作为效力待定合同,考虑善意第三人的合法权益保护。 Referee motto In the exercise of preemptive rights of the lessee, if it is determined that the lessee has the intention to purchase the lessee, he may, after he finds that the agreement for the sale and purchase of the house signed by the lessor and the third party is invalid, may execute the judgment of the lessee And the lessee shall be directly transferred to the rented house according to the agreement. Otherwise, the agreement for sale and purchase between the lessor and the third party shall be regarded as the pending contract and the legal rights and interests of the bona fide third party shall be considered.