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with six real estate license

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  • Started 10 years ago by g3aS0bA1SA

  1. <br>"Legal person" Reporters Cao Tianjian<br> <br>From the bottom of Henan Luohe<br> <br>Together with the original case is not complicated and after two court judgments in civil cases tried in force, the court in the course of the past four years has repeatedly defeated in, during the implementation of the judge by the person concerned "if the courts enforce the containment door "the threat of being eaten perform guard party" banned from entering the plant to perform service procedures, "the cold shoulder. To intensify work in the court trying the case when the rulings, the location of the debtor government issued a "red tape" and to withdraw the application of state-owned land use permit holders, cases executed resistance consequent increased sharply.<br> <br>This case occurred in Henan Luohe. Both cases were Hong Kong investment Dongmei (A Ying) Panel Co., Ltd. (hereinafter referred to as the East-US companies) and the Department of Luohe Luohe Decoration Materials Co., Ltd. (hereinafter referred to as Luo exchange company), issued a "red tape" in Luohe Linying is under the jurisdiction of the government.<br> <br>Since the lease contract dispute<br> <br>Before "October", assistant to the chairman Zhang Dongmei Yang Hua, once again received Linying government issued a "red tape",karen millen sale, the symbol of this "temporary government land (2014) No. 50," the "people Linying the Government of the United States decided to withdraw the east (a Ying) Panel Co., Ltd. of land use rights, "said the US East Linying government to withdraw the company's state-owned land use permit, because" Dongmei Although the company has made the state-owned land use right certificates, but accreditation program does not comply with the relevant provisions of land management laws and regulations. "<br> <br>October 8, Zhang Yang Hua told reporters,karen millen outlet, in fact, as early as March 20 this year, Linying government on the issue of the content of the same "clinical governance Soil (2014) 17" document, East US company refused to accept before the court administrative proceedings, the court found that the administrative act error of law, in violation of procedure, according to the law should be abolished, a decision made by the provisional government affairs soil specific administrative acts (2014) 17 document illegal.<br> <br>"Last time we did not know lawsuit kick to Linying government document issued on behalf of the government Office of Legislative Affairs did not know, and now the county government has issued such a document, the purpose is to give the Executive set up the resistance, we will once again brought to the court Administrative Litigation."<br> <br>Why with Dongmei company Luo exchange company disputes,karen millen dress? Civil dispute between two private companies actually "alarmed" Linying government so that government twice issued a "red tape" to prevent the implementation of court according to the law?<br> <br>Reporters from local Linying learned, as early as 1994, the Government introduced Linying Luohe City, Zhu Zhixing investment of 20 million Hong Kong registered company established Dongmei. Dongmei company mainly produces medium density fiberboard, plywood and other wood products various.<br> <br>July 2005, due in Dongguan, Guangdong and Yunnan and other places have a number of enterprises need to take care of, leasing company to Henan Luo Dongmei exchange operating company such as Zhang, Luo Dongmei Department of the company is a distributor company. The two sides agreed in the lease contract, Dongmei companies charge an annual 600,000 yuan rental fees, lease period of three years, due July 30, 2008. After signing the contract, Zhu will be the company's financial, business license and other administrative Along be given to Luo exchange company.<br> <br>"Disputes from 2006, the main cause is the lease contract signed by both parties are found to be illegal business administration department, Linying also established a working group for coordination." A staff member told reporters Linying government offices.<br> <br>Under learned that in August 2006, Zhu Zhixing informed that the Department of Luo in unauthorized tree cutting license has not handled the situation, secretly cut a 10-year-old company hospital more than 200 poplar trees,http://www.postyourasian.com, the court ultimately felled tree Luo Department employees on crime sentencing.<br> <br>Zhu Zhixing also informed that,http://www.postyourasian.com, in August, the company Sike Luo Department "Dongmei (Xihua) Panel Co., Ltd." seal and Zhoukou Xihua contract. Luo online exchange company also false advertising, the US company said the East is its subsidiary factory.<br> <br>September 22, 2006 and November 10, the United States east of Luohe City of Industry, the business license of the company will be rented to illegal use and Luo exchange company signed a lease contract, as well as the Department of Luo Dongmei holding company business license to carry out business activities in violation of company registration regulations, has on the company and Luo Dongmei Department of the company issued the penalty decision, and ordered to correct violations, fined 30,000 yuan.<br> <br>Luo Department of corporate defaults, particularly illicit behavior leasing company to be punished, so Zhu Zhixing have to consider lifting the company's contract with the Department of Luo.<br> <br>October 31, 2006, Zhu Zhixing led some employees to find a negotiated Luo exchange company to recover the plant matter, the two sides dispute, factory workers cut off the power, smashed the glass plant.<br> <br>November 10, Zhang such as looking into the 80 individual plants.<br> <br>"To unify people wearing white gloves, wear white shoes." Who work in the factory town of Linying song Du Village Zhang Liming Zhang Gang told reporters.<br> <br>Conflict led to the factory stopped production, a number of workers were injured. Zhang Liming confirmed to reporters, Zhang village, three people were injured as people, "as Zhang's wife later gave the medical expenses." He said.<br> <br>Investors into a "Wanted"<br> <br>This reporter has learned, after the October 2006, the company and for the coordination of Luo Dongmei Department's dispute Linying set up by the secretary Xianzhengfawei headed the working group, the Working Group initially let companies own consultations solve, due to the two sides could not agree, the working group recommended that the two sides fought a civil lawsuit by the court to decide.<br> <br>Zhang Yang Hua told reporters, saw the company's efforts to recover difficult to achieve, Zhu Zhixing lawyer in court at the same time preparing to Henan Provincial petition.<br> <br>The police "then went to watch the Spring Festival, Zhu Zhixing is Zhengzhou petition, Politics and Law Committee Linying Linying call him back about a negotiated settlement issue, Zhu Qu Du town government arrived, he was waiting for this 'win on the spot', announced the alleged mob to disturb social order criminal detention, while the United States was taken away along with the East's six employees. "Zhang Yang Hua said.<br> <br>Legitimate claim to recover the factory did not realize that he also became a mob to disturb social order of "suspects", the results let Zhu Zhixing tears. Therefore, when coincides with the Spring Festival, Zhu Zhixing etc. each paid 10,000 yuan deposit do bail formalities,http://www.iccpsy.com/forum.php?mod=viewthread&tid=3585325, Zhu Zhixing return to Hong Kong,http://www.chrisadamsperfumes.com/index.php?item/create_form/1, since then, not a half step into the mainland.<br> <br>After Zhu was wanted by the police, justice of four employees were Linying Court of First Instance convicted mob to disturb social order. Finally, in Luohe City Intermediate Court twice unclear facts, insufficient evidence remand, the court Linying these four employees to disrupt the production of crime guilty verdict.<br> <br>It is understood that had planned an investment of 85 million yuan industrial projects in Luohe City, Luohe City, and has been the source of Industry and Trade Department of Park Management Committee signed an investment agreement, and by the Henan Provincial Development and Reform Commission project, but the events of this plan Linying naught.<br> <br>Court return to factory<br> <br>July 2008, the two sides after the lease contract expires, because who are charged with "being wanted suspects" in the name can not travel to the mainland, then go to a lawyer Linying receive enterprise, but was Luo Department legal representative refuses Zhang, Zhang put forward as special "I personally must Zhu Zhixing recycling business."<br> <br>"Zhu Zhixing to not knowing the mainland has asked himself 'recycling business face to face', which can be seen as Zhang did not intend to return, which is downright 'dove over the magpie's nest'." Zhang Yang Hua said.<br> <br>Previously, the company refuses to surrender because Luo Department of plant, plant and equipment, Dongmei company to Linying court, the court shall request the return of the company ruling Luo Department of East US company plant, the plant and equipment, pay rent and Dongmei Company use fees. But the Department of Luo Dongmei Company holds corporate seal, which seal the indictment does not agree, the court can not Linying filing.<br> <br>East US company turned Luohe City Intermediate People's Court filed a suit and explained the situation, Luohe Court to be a criminal.<br> <br>August 2, 2010, after several twists and turns, Luohe City Intermediate People's Court of first instance verdict, decree Luo Department of the company within 10 days after the entry into force of the decision to return to productive East US listed company plant,http://forum.longquanzs.org/forum.php?mod=forumdisplay&fid=259&mod=spacecp&ac=blog&blogid=, the plant and "Inventory Report Form" fixed assets and non-productive fixed assets; Dongmei company rents and pay the fee for use 134 million yuan (calculated up to March 24, 2010).<br> <br>Luo Department of the company refused to accept the appeal, November 16, 2010, Henan Province Higher People's Court of Final Appeal ruling rejected the appeal and upheld the original verdict.<br> <br>At this time, from the expiration of the lease contract the two sides have been in the past two years and four months.<br> <br>But then it happened more cause for regret, this late decision, the Court carried out nearly four years, so far without result.<br> <br>Court execution "not ideal"<br> <br>Reporters interview, a court execution Luohe Court Judge Wu Boning told reporters, in recent years, the court case for the implementation of a great effort, "but the effect is not ideal."<br> <br>December 11, 2010, due to Luo exchange company in court to determine the entry into force of the judgment is not fulfilling its obligations, east to US companies Luohe Court for enforcement.<br> <br>In this case, the debtor company's legal representative Zhang Luo Department as the wife of Guo Xiaoping came forward to submit an application to the court stay of execution. Guo is the Luohe City CPPCC members, general manager Luo Department. The reason is that Luo Dongmei Department sued the company to pay liquidated damages and the loss of 2.06 million yuan compensation for breach of a court case has been submitted Linying, Luohe Department of the company may exercise the right of cancellation after the successful cases; Luo exchange during the lease company to add value to 1.26 million yuan machinery and equipment disposed of, not determined in the verdict.<br> <br>In response, the hospital in Luohe: applying for enforcement is based on a legally effective judgment to the court for enforcement, you need to apply for a stay of execution of statutory subject matter. Luo said the Department of companies to apply during the lease value of 1.26 million yuan to add equipment, whether to approve the application executor, how to deal with,mbt outlet, both sides need to appear in court negotiations.<br> <br>March 2011, notify the parties to appear in court in the hospital Luohe consultations Luo Department attorney to appear in court later said that a criminal case has been tried, and additional tort East US companies defendant's application has been lodged with the Court, "because of the result of the case this case is directly linked ", which for a stay of execution again. Luo exchange for the company said during the lease value of 1.26 million yuan to add the problem of how to dispose of equipment,http://www.chrisadamsperfumes.com/index.php?item/create_form/1, Dongmei company agent proposed by the debtor demolished go, but shall be returned to the original time of the transfer of machinery and equipment.<br> <br>It is reported that the above tort cases Linying court of first instance verdict, and remand Luohe Court, after the current review has not yet concluded.<br> <br>In May 2011, because the company offered to exchange Luo settlement but has not appeared in court in Luohe hospital Guo Xiaoping telephone notification to appear in court to determine the time required to submit financial disclosure statements to the court after the court served fill out, rejected Guo .<br> <br>To promote exchange company Luo first item as soon as possible to satisfy the judgment, July 11, 2011, Luohe Court decided to convene a case both parties once again,http://juice.room.ne.jp/~hapap/BBS/apeboard_plus.cgi?command=read_message&msgnum=40/, to the Department of Luo served on the company procedures. Luohe city court to carry out the day to coincide with "the implementation of Open Week" the first day of Luohe Court led by the Executive Secretary, has invited more than city people's congress and CPPCC members, Municipal Committee and other departments of the law enforcement supervisor activities supervision and guidance, accompanied by local media. Road contact Executive Guo Xiaoping, Guo said he can not back something in Luohe, will notify account collected by the security guard. But when a pedestrian to East US company factory gate Linying Luohe Department leasing company, not only refused to accept the security procedures, and prohibit execution officer to enter the factory service. Run the judge then contact Guo, the two phones are off. After the court staff repeatedly unreasonable Ineffective communication, executives had to lien instrument company janitor, when Luo Department of company security officers forcibly pushed unexpectedly Executive and rejected again.<br> <br>This reporter has learned, after the company A Ying Luo Department sued East US company to pay liquidated damages and the loss of 2.06 million yuan compensation for breach of contract case, the first trial both parties appeal against the Court ruled that the remand Luohe, Linying court again after the trial, there has been no result. November 6, 2013, the company has sued the Department of Luo Dongmei rental company to return $ 450,000 to pay liquidated damages 600,000 Linying court hearing, has yet to make a decision.<br> <br>"Deliberate delaying tactics, skirted the law, the purpose is to continue to occupy enterprises, court enforcement weak, given its opportunity." A well-known local legal profession, the case with the matter told reporters.<br> <br>Government twice during the execution of the Court issued<br> <br>Reporters learned in the interview, so the case stalled execution, the application executor East US company repeatedly complained to the Luohe Municipal Committee and other departments, Luohe Municipal Committee, Political Committee Secretary Hu given instructions to the court handling the case according to the law fair .<br> <br>At the time Dongmei et al company waiting for the final results of the implementation of the case, something unexpected happened.<br> <br>March 20, 2014, Linying government issued a "red tape" that earlier "temporary government land (2014) 17," the document, the United States decided to withdraw the company is located in Linying Ying Tung Tsing Road west north state-owned land use rights, and the abolition of the land owned land use right certificates.<br> <br>East US company refused to accept the decision, bring an administrative lawsuit to the court.<br> <br>East US company made in 1996, Linying Land and Housing Authority issued to its state-owned land use permit, approval authority for the allocation, use is industrial land, according to the state industrial land use period of 50 years, accused the plaintiff of land use period under the legal age plaintiff to recover the land use rights does not meet legal requirements. The plaintiff in the land built more than 3600 square meters plant, with six real estate license, was not registered in Hong Kong, Macao and Taiwan investment in production, land use right to recover the defendant, the plaintiff's property will lose the existing foundation. Plaintiff a lease contract with the Department of Company Luo dispute, triggered criminal and civil cases, the plaintiff's business has not recovered, the Court is to enforce them, the defendant in this case the plaintiff's right to recover the land use, businesses will not develop.<br> <br>Linying government reply said,scarpe mbt outlet, according to the project company and the eastern United States government signed investment agreement agreed Dongmei company's operating period and term of the contract signed by both parties are 15 years, this agreement has expired in 2009, followed by the East US government has never negotiated with the company continue, therefore, no longer enjoy the company Dongmei state-owned land use rights.<br> <br>August 1, 2014, Luohe City Intermediate People's Court after hearing that the main Linying government made insufficient evidence "temporary government land (2014) 17" file,http://youknow.room.ne.jp/~youknow/limelight/kobato/202/custombbs.cgi/NckeXdUEmmYKcvA/mSxGDzYiH/, error of law, land use rights related to write-off the company's Dongmei vital interests, which should be fully heard before making a decision to withdraw Dongmei's statement to defend himself, but it did not inform the company of the right Dongmei, Dongmei's statement to defend himself nor heard, in violation of procedure, the law should be revoked , Linying government decision to make "temporary government land (2014) 17" document March 20, 2014 of the specific administrative act as illegal.<br> <br>According to the reporter, in the case proceedings, Linying government itself withdrew this decision, "temporary government land (2014) 17" File repealed.<br> <br>But then, on August 10, issued by the Government to recover Linying Dongmei company's land "near the politics of soil (2014) No. 50," file again.<br> <br>So, whether Linying government issued two "official documents" after the county government legal departments to review it? In Linying government Office of Legislative Affairs, Housing Director Liao Wei told reporters that the county government issued a "red tape" will certainly have to go through the Government Office of Legislative Affairs for review. The reporter asked him to show his Office of Legislative Affairs to review comments and related handling procedures, but after nearly two hours of waiting, room director only brought a document issued by authorities will sign the bill, "This is the review comments" room Liao Wei said.<br> <br>Reporters during Linying, many companies understand the circumstances of the case dispute persons questioned in an interview with reporters: Linying government issued two "red tape" involved in the land to recover, in the end is that the government made a collective study a decision of the government or individuals use public power to achieve personal goals?<br><br>

    Posted 10 years ago #

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