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  • Started 10 years ago by ng4zS8AaS5

  1. <br>Disputes over the right to use a piece of land yet to be finalized, the court put the forced sale of the land involved. The auction process, how much money the auction, money to whom, where the rest of the money, have no way of knowing<br> <br>The rule of law Weekend reporter from the bottom of Zibo in Shandong Wei Wenjie<br> <br>Yen Bai Chapter, is Zhoucun District of Zibo City, Shandong Province, a nearly Pentecost individual owner. Ordinarily earlier than the "violent temper" age,nike tn requin, but a mention in order to "stuff" --- a piece of land is indeed the right case, and three years in the event of Zhoucun District Court, he is still full of anger:<br> <br>"They gave me something that I do not get after the court filing, no sentence without trial,louboutin femme, after the auction without authorization, only gave me 500,000 yuan, only sixth auction price. You say I can be satisfied with it ? "<br> <br>Indeed the right unsuccessful<br> <br>Yen Bai Chapter caught in the land led to three years of litigation, with the number of the Danube countries (1997) Zi No. D00497. Although the area is not large,n75AJYO0U7, only 9462 square meters, located in the East but in the middle toro ZHOUCUN, at the local level to be a rare good.<br> <br>"Although this is a less than 15 acres of land," but according to Yen Bai Zhang told reporters, in just a few years, but after a number transfer, "which was originally a Bank of China Ltd Zibo Zhoucun branch of the creditors of bankrupt enterprises owned by local Zibo global electronic instrumentation equipment companies, June 16, 2003, to 1,791,609.57 yuan transferred to Shandong Province Freda Group Co., Ltd. March 31, 2008, Freda company due to insufficient funds Also my borrowing this land price 4,743,800 yuan,FBrBXRW5c1, and I signed a land use right debt agreement and go through the relevant procedures for the handover. "<br> <br>August 13, 2008, Yen Bai Chapter usufruct as land transfer procedures to identify and assist in the grounds, and a third person Freda sued ICBC Zhoucun Zhoucun District Court. After filing court charged 100 yuan litigation costs and execution costs 2,000 yuan, Zhoucun District Court (2008), Zhou Min Chu Zi No. 900 a case on the day of filing accepted.<br> <br>After more than a month from the filing, September 18, 2008, the land is indeed right in Zhoucun District Court case. Trial, Freda and third-party Zhoucun ICBC all of the scene, and foreclosed on the transfer of this land have no objection.<br> <br>See the court very well, Yen Bai Zhang is optimistic that the case should be closed soon.<br> <br>But let him unexpected,R5pKdu3rUq, the next day after the trial, that on September 19, this land is indeed the right way Zhoucun District Court lawsuit was seized. Seizure because "Freda Liu Tan repair company owes more than 120 million, (2008) Zhou Zhi Zi ZHOUCUN No. 120,121 court ruling has become legally effective. Seizure period from September 22, 2008 until September 21, 2010 ended. "<br> <br>Since then, from September 18, 2008 had one court after the case of Yen Bai Zhang did right was shelved, nobody cares.<br> <br>Yen Bai Chapter consult with a lawyer after that, like him do the right case for simplified procedure should be three months can be closed. However, almost a year later, his case filing number 900 has been in limbo, and the case came in 1069 after his plane, already verdict.<br> <br>To this end, he has to go to court reminders from the Civil Tribunal Judge Young, where he did not get any clear answer. A last resort, he had to go to the President of the Court, requested the President of the trial on the case as soon as possible, to give him a result. The answer is nothing more than Dean, "you wait, the closing time will naturally be concluded" this is the case.<br> <br>On one occasion, three or four times in a row ran the court, in the office waiting for more than one hour,moncler outlet online, Yen Bai Zhang finally saw the return of the president adjournment. When asked regarding the case once again, the president had no choice but to him through the end: "You this case, the province has a hand in." They meant harder. Hearing this, anger Yen Bai chapter on the spot to shoot from the dean of the table:. "Trial periods have been extended, the court no reason to delay, that is unfair to me."<br> <br>Suddenly auction<br> <br>July 22, 2009, after a long wait more than 11 months, an announcement of auction Auction Co., Ltd. issued by the Shandong Han Kun, let Yen Bai Chapter no small surprise.<br> <br>Contents of this announcement, commissioned by the authorities, the company will be August 6, 2009, auction in East Zhoucun middle toro land.<br> <br>Yen Bai Zhang told the "rule of law over the weekend" reporter, in fact,scarpe hogan outlet, prior to this, because often go Zhoucun District Court, he got some inside information from informed sources there: "This piece of land to give to others, can not give him." But he disapprovingly , I have been skeptical of such claims. Until you saw the auction announcement, he felt terrible, "the case has dragged me really right not sentenced without trial, apparently to wait for this day, so that others take the land."<br> <br>Under the anger, Yen Bai Chao Shenxian chapter will ZHOUCUN court handling the case, illegal auction, arbitrary collection of fees series of questions to the "emergency situation reflects the book" form, quickly Zibo Municipal Party Committee Secretary Liu Huiyan presented to the courts and provincial and municipal levels.<br> <br>July 31, 2009 Friday, Secretary Zibo City Court Executive Board, after receiving the material Yen Bai Chapter,WXHt9tYMvt, on the phone call immediately Zhoucun District Court Executive Board to stop the auction.<br> <br>Three days later,piumini woolrich outlet, on Monday, a work dedicated to this end the City Court to send letters under Zhoucun District Court said: the hospital after examination that the complainant chapter on Yen Bai Zi Guo Yong (1997) Zi No. D00497 land use the right to draw the home to suit your hospital, your hospital (2008) Zhou Min Chu Zi No. 900 a case acceptance, it is in your court not to use the Danube countries (1997) Zi No. D00497 land use rights to make sure that the front, you School should not be in the land and ground attachments substantive treatment (such as auctions, etc.). After receiving this letter you hospital, suspended (1997) Zi No. D00497 land use right and the ground attachments auction.<br> <br>"After receiving the letter in the hospital, we will stop the auction." Executive Secretary court ZHOUCUN Sun Online Spring told the "rule of law over the weekend" reporter.<br> <br>November 24, 2009, Yen Bai chapter also unexpectedly received a report from the Zhoucun District Court "reply submissions", "the Court will resume hearing on the case according to the law, and make a judgment according to law. To perform problem by Zibo City Court to suspend the letter of the above property auction procedures. about fees, according to the procedure to return the fee. "<br> <br>Yen Bai Zhang told reporters, in 10 days Zhoucun District Court received the "Reply submissions" after the court let him pay an adjournment request. Subsequently, the high court petition office director called him and told him the court decided to return the overcharged 2,000 yuan "execution fee", because the money received "unreasonable."<br> <br>In fact, the reporter the interview process, there is the local court of insider familiar with the situation told reporters, Zhoucun District Court this behavior is not in violation of the provisions of arbitrary charges first. Early in July 2003, Zhoucun District Court Executive Board Second Chamber enforced when an enterprise subject of 18 million in economic cases, the business case execution fee charged 7000 yuan, super standard execution fee charged 6073.7 yuan. After the Zibo City Commission for Discipline Inspection and Supervision Bureau to investigate and punish, the unit was criticized.<br> <br>The first auction was successfully blocked, do the right case seem "way out", the reality is not so. This "well" and was the second auction.<br> <br>Zhang said, according to Yen Bai, January 28, 2010, the second auction of the land the same day 8:30, he arrived at the hospital in Zibo Executive Board, request blocking Zhoucun District Court Executive Board of the land auction. City Court after the Executive Board to Zhoucun District Court to the phone, but also issued a letter to stop the auction. Later, he was still on the court ZHOUCUN Sun Executive Board Secretary's desk now spring, saw the letter and the City Court Executive Board.<br> <br>June 30 morning, the Sun is now spring to "rule of law over the weekend" reporter found out the City Court Executive Board issued a stop sale of the first letter. City Court as to whether the Executive Board had issued a second letter, he said, "not impressed."<br> <br>Yen Bai Chapter One thing is certain is that this year, on January 28, before the land with 2.98 million yuan a successful auction, neither the Zhoucun District Court hearing the case that he did right, nor issued a verdict to him.<br> <br>"Auction is wrong does not exist."<br> <br>The auction held on January 28 this year, Sun is now spring's argument is "and Yen Bai chapter of communication, made his consent." And told reporters, "We yesterday afternoon (June 28) to find him by the people to do the work of a court, he has submitted a withdrawal application, ruling today you can see."<br> <br>As reflected in Yen Bai chapter once had a problem, the Secretary said: "Zhoucun District Court for bad auction does not exist, such as the other party after the implementation of the ultra vires issue, and the people we had to communicate a court in a timely manner and the suspension of the case. The case is not just one direction Yen Bai Chapter of the problem. requires that we seized the land of complaint letters, even poke to the province. "<br> <br>From the Secretary gave reporters a lot of material, the August 13, 2009, Zhang Quan, 14 Mingfuruida company's creditors jointly Shandong Province Politics and Law Committee to submit a report on "the implementation of Freda Group Co., Shandong Province Company equity transfer contract dispute reflects "Report" Freda company to evade court enforcement, the legal representative for the rank and Lu Yen Bai Qidi chapter collusion, false land transfer contract signed, trying to cause the auction can not be performed, in order to to achieve the purpose of the transfer of property. "<br> <br>August 18, 2009, relevant departments of the CPC Shandong Provincial Committee of the Executive Board to the provincial court issued OF POLITICS Governor Lu (2009) on the 8th letter, a request for the case of Zhang and springs and other 14 people to reflect properly handled according to law.<br> <br>August 30, 2009, the Executive Board under the Shandong Provincial High Court in Zibo City Intermediate People's Court issued the Shandong Provincial Higher People's Court (2009) Executive Lu Jian Zi No. 286 the text: "Please pay close attention to the review process hospital and Zhang Quan, 14 People reflect the situation and report to the hospital. "<br> <br>Zhang and Stephen, who reported the problem, the company general manager Lu Freda for rank accept the "rule of law over the weekend" reporter interview, appeared very angry: "?. How can such a thing which is totally framed, false accusations"<br> <br>From the Secretary to the correspondent of the above materials,, it seems "to auction the land, not just within the Court ZHOUCUN something more from external factors."<br> <br>But Freda hire Extension of Beijing law firm lawyers Yuan Quan is not recognized by the Secretary of the statement: "Zhoucun District Court deal with similar cases, actually took a different approach,X5rWyExInz, contradictory land dispute case involved. from Universal Electronics to Industrial and Commercial Bank of China and then Freda then Yen Bai Chapter, after the three bodies as a way to obtain land use rights, or valid, or are ineffective, the land use rights disputes between the Yen Bai Chapter Freda Group Not a verdict,P04quE7rmz, Zhoucun District Court will actually involved in forced sale of land auction process, how much money the auction, money to whom, where the rest of the money, Freda has also not received any notification of the court. This is not a typical procedure violations? "<br> <br>Beijing lawyer Zhang Qian Xiaobin law firm also believes that the Supreme Court "People's Court on Several Issues Working provisions" 102, paragraph 1, item 3 stipulates that the subject matter is performed by other court or arbitration cases pending dispute the subject matter, you need to wait for completion of the case to determine ownership, it shall rule to suspend execution. After Zhoucun District Court accepted the Yen Bai Chapter v Freda company usufruct confirm disputes, and in the other case it will be the subject of litigation in the middle east toro Auction Lot Delivery Executive, does not meet the above requirements.<br> <br>Sun is now the spring is so explained, "the auction funds up six or seven hundred million, is still not enough to repay As Freda transfer, in this case in private transfer protocol is invalid.." For which he also cited an example: "Small Private business can not transfer property room, but the court may auction. "<br> <br>"This is something that does not exist", to the Secretary 'funds of up to six or seven hundred dollars "in debt claims, Lu for rank has denied.<br> <br>Above practice Zhoucun District Court, Yuan lawyer did not do more evaluation. But recently in an encounter Zhoucun District Court Executive Board, then she could not understand: "June 10, they line 3 to the Executive Board to consult the Executive dossier, the Executive Board Office Director Wang initially told them that lawyers have no right to consult file, when asked about the right of access dossier law, Deputy Director Wang actually answer 'zhoucun lawyers know that we do not let lawyers check this dossier', several lawyers of the Supreme Court took judicial interpretation, clearly stated Acting People can access files, then Director Wang's answer turned out to be 'no file'. "<br> <br>At 11:30 on June 30 near the work, Sun is now the Secretary of spring brought a ink was dry on the (2008) weeks Minchuzi No. 900-2, "Zhoucun District of Zibo City, Shandong Province People's Court civil ruling," so that "the rule of law Weekend "Reporters see:" Plaintiff v Yen Bai Chapter Freda company and the third party defendant zhoucun ICBC usufruct confirm dispute case, the Court on August 13, 2008 accepted the case filed in the trial, the Court in 2008. Year to September 25 (2008) No. 900-1 Week Minchuzi civil ruling, ruled that suspension of the case. June 28, 2010, the plaintiff resume hearing the case of Yen Bai Chapter application and proposed withdrawal application to the Court. The hospital on the same day decided to resume the trial on the case. permit plaintiff Yen Bai Chapter nolle prosequi. "<br> <br>July 5 morning, Executive Secretary court ZHOUCUN Spring Sun now by telephone, told reporters: "In the more than 300 million auctions this paragraph Dongtang Road, we have given the Yen Bai Zhang 500,000 yuan."<br> <br>In this connection, Yen Bai Zhang also confirmed to reporters: "June 23, the Secretary of the Executive Board received a call to his office received a 500,000 yuan." On the issue of withdrawal, he looked very helpless: "Seeing the cases drag more than a year has still not heard, and the land has been auctioned earlier this year, and many times to the High Court and the Municipal Court of the problem can not be solved,Etm3r9Ct8t, I do not withdraw, what can? Say, if long a delay I won one court energy it? "<br> <br>& Nbsp;<br><br>

    Posted 10 years ago #

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