Economy observes newspaper reporter Tian Guobao auctions a message first, make Guangdong room look forward to accrete achieve exhibit the real-estate project in Liaoning old crisis rises to surface.
The judicatory in A auctions a message to show, accrete day wears river project to be located in Liaoning east the new developed area that wear a river, on April 17, industry of buy of travel of the Hai Cheng in peacefuling expands limited company (the following abbreviation contains a company for the sea) liquidation management person will undertake vendue to project asset, valence is patted to be 1.263 billion yuan since, the extent that increase price is 20 million yuan.
This has been asset of project of accrete day Dai He the 2nd vendue, portion Ceng Liu had been patted in November 2018. Official data shows, accrete day wears river project to cover an area of 1004.4 mus, floor area achieves one million two hundred and seventy-one thousand eight hundred square metre, the floor area that has built is 19467 square metre.
Project of capacity of system of this 1 million square architectures is enforced to liquidate on sale initiator is not others, however hold project the Chinese be in harmony of 49% share 100 million amount to resource to invest limited company (the following abbreviation is be in harmony 100 million amount to a company) , because both sides manages concept difference to litigate for many times, final trend liquidates ending.
Clear a sale
Wear the hold main body of river project as accrete day, the sea fills a company to have two shareholder, large stockholder is accrete start the limited company of estate of Beijing accrete north that exhibits a banner to fall (the following abbreviation is accrete and northern company) , oppose a scale for 51% . The project ties bilateral joint development, company legal person, general manager is Zheng Lianqun.
Auction information shows, the asset of mark basically fills the accrete day that the company develops to wear river project for the sea, among them core capital is project land, in build project and build couplet to discharge villa. In addition still include project office things, housing materials, arboreous flowers and plants to wait for blame core capital, evaluate valence to be 1.486 billion yuan.
The project shares 3 land evidence, among them for commerce service line of business uses the land one, the area that use the land is 216.4 mus, got land access 2008 card, use fixed number of year is 40 years; Additionally two use the land for the residence, obtained evidence 2011 2005 respectively, the area that use the land is 788 mus.
In build project part to basically 160 projects couplet discharges villa, floor area is 26857.73 square metre. Additionally 91 answer finishing but still do not have acceptable couplet platoon is villatic, floor area is 22744.56 square metre. Project asset basically has land and add up to villa of platoon of 251 projects couplet is formed.
Flow for the first time in experience after patting, the project end March begins to enter an auction the 2nd times, sale price falls reach 1.263 billion yuan. End on April 11 in the evening 19 when, still pat a person to undertake signing up without contest. A development trade public figure of place discloses, its are in a company ever intended contest takes this item, but because dispute is too much and go no further.
End at present, work off of accumulative total of project of accrete day Dai He, book add up to 34, all did not make a room. The basis auctions announcement, contest pats a person project endowment is postpartumly, need pair of person that buy a house to continue to fulfill pay room, compensation penalty due to breach of contract, retreat room, refund to wait trade the obligation of the related side and responsibility.
In addition, drawing near hill sea took up with bay project accrete day wears one part the land of river project, although case first instance is medium, the court asks hill sea returns the land that takes up accrete day wears river project with the bay. But hill sea takes out with bay project east new developed area is in charge of Dai He appoint summary of conference of conference head office applies for 2 careful as the basis, had not adjudged at present. Once the sea fills a company to lose a lawsuit, land usable floor area may appear fluctuant.
The project is liquidated to auction, main as a result of be in harmony 100 million amount to and contradict between two shareholder of accrete and northern company cause. Had been in in a few years of last year, both sides litigates for many times, final trend liquidates the condition that auctions a project. Make the project that this 1 million honest system measure old be in backwater condition.
According to afore-mentioned this locality real estate the personage discloses, bilateral contradiction basically depends on managing a concept to differ. Because local building city is stagnant, small family sale is better, and it is more difficult that the large family such as villa residence goes changing. "One is to want make it small family model quickly steam again capital, a ground thinking store up after appreciating, change again now. A ground thinking store up after appreciating, change again now..
Clear the relevant case such as auction and dispute of partner both sides to the project, be in harmony of basis of reporter of economic observation newspaper 100 million amount to industrial and commercial register the connection way that register to dial a telephone, the other side expresses not to know particular case ring off. The phone of side of accrete and northern company is in nobody to receive listen to condition.
Arrive from collaboration break with
Industrial and commercial register a data to show, the sea fills a company to held water in May 2005, original partner assures for investment of Beijing gigantic be in harmony limited company and natural person Liu learn intermediate. Investment of Beijing gigantic be in harmony held water 2004, basically have the shareholder of 3 natural people such as Li Shuhai, Gao Zhiwei and Li Shulin.
In June 2006 portion, be in harmony the 100 million new partner that amount to a company to replace investment of gigantic be in harmony to become Hai Cheng company, be in harmony 100 million amount to a company to held water 1989, have Li Shuhai, Wang Cheng and Gao Zhiwei partner of 3 natural people. In December 2007 portion, be in harmony 100 million amount to company and accrete achieve exhibit northern company to sign " about enlighten the cooperative agreement of project of the city that do obeisance to water " .
Enlighten the city that do obeisance to water wears river predecessor for accrete day, accrete achieve exhibit bureau hind to change present name. In January 2008 portion, accrete company undertakes fulfilling one's duty to Hai Cheng company investigation and audit, at the same time in succession with be in harmony 100 million amount to, the partner such as Liu Jun signed 4 compensatory agreements. The plan transfers project ownership accrete achieve exhibit.
According to bilateral agreement, the sea fills company equity to make over the price to be 10 million yuan, acting of great capacity of accrete and northern company contains a company to be in harmony 100 million amount to repay shareholder borrow or lend money 250 million yuan, company of coetaneous Hai Cheng repays bank loan 120 million yuan, trade always to be 380 million yuan to valence. Be in harmony 100 million amount to a company to assist a project to add up to the change that use the land to use the land for the residence by put together with the ground.
According to the agreement, in Feburary 2008 portion, accrete company Dai Haicheng company repays bank loan 50 million yuan; Before March 31, 2009, accrete and northern company pays trade to valence 50% money, come 190 million yuan; Trade complete 6 months inside, pay surplus money.
Industrial and commercial register a data to show, in January 2008 portion, the sea fills company equity to experience change one round, be in harmony 100 million amount to company and Liu Jun to exit, accrete achieve exhibit northern company to become sole partner. In the meantime, the sea fills all such as the company's former tall Guan Liujun, Li Shuyuan, Liu Xuezhong to exit.
December 2008 portion, the sea fills company equity to produce change again, accrete achieve exhibit northern company change to build engineering limited company for Tianjin spring city. After 5 months, the sea fills company equity to produce change again, tianjin spring city builds labour to exit, accrete and northern company and be in harmony 100 million amount to a company to return partner position afresh, hold respectively 51% with 49% .
In November 2009 portion, be in harmony 100 million amount to the equity that invests with gigantic be in harmony coinstantaneous change, on November 5, what Wang Cheng becomes gigantic be in harmony to invest is new add shareholder; On November 27, li Shuzhi and Li Shulin make fuse 100 million those who amount to a company is new add shareholder, wang Cheng makes fuse the 100 million new director that amount to a company.
2005, mixed 2008 2011, the sea contains a company in succession from east Dai He new developed area gets 1004.4 mus of construction to use the land. first phase began portion project in November 2012 sale, end in October 2014 portion, accumulative total sells 34 villa, sale is close to 100 million yuan. Nevertheless, right now sea fills a company to had endangered 4 bend over.
Accrete achieve exhibit annals to show, accrete day wears river project floor area to be one million two hundred and seventy-one thousand eight hundred square metre, among them still building of 1.214 million square metre is belonged to treat development condition. Occupy auction information additionally to show, accrete day wears river project to obtain the floor area that builds project program licence to be nine hundred and seven thousand nine hundred square metre.
In October 2012 portion, both sides signs compensatory agreement again 5, agree Dai Haicheng company of accrete and northern company repays be in harmony 100 million 180 million yuan when amount to debt remaining sum, among them 30 million yuan regard obligate as the paragraph, real money is 150 million yuan. Need of these 150 million yuan of money is obtained in Hai Cheng company open to booking card two years inside pay off is over.
According to be in harmony 100 million amount to the compensatory agreement that signs with accrete and northern company 5, hai Cheng company is in 25 thousand square metre build project guaranty to give be in harmony 100 million amount to a company, repay as 150 million yuan of debt assure. In October 2012, be in harmony 100 million amount to with Hai Cheng the company signed guaranty contract, make 31.1 million yuan among them gave priority to debt authority to have mortgage.
The trend goes bankrupt liquidation
Begin from 2011, be in harmony 100 million amount to company equity also all previous classics is changed for many times, it is 100 million flourish of Shanghai to invest limited company by change of 5 natural people at first, this company shareholder is Li Shuhai and Wang Cheng. In October 2013 portion, introduce Guangzhou to peaceful again investment flourishing the of great capacity runs limited company, both sides is held each 50% , at the same time Wang Cheng exits trustee alignment.
In August 2014 portion, investment of Beijing sea cubic metre accuses a limited company to replace 100 million flourish of Shanghai to make fuse 100 million amount to new partner. Although classics of equity all previous is changed, but effective control person did not change all the time. The person such as Li Shuhai, Gao Zhiwei, Li Shuzhi is serious all the time partner.
Regard Hai Cheng as two partner of the company, be in harmony 100 million amount to the dispute with accrete and northern company only then trade at bilateral equity reach joint development agreement. According to original agreement, 100% equity of Hai Cheng company are made over accrete achieve exhibit northern company, trade to be 380 million yuan to valence, among them 260 million yuan are be in harmony 100 million amount to a company all, additional to repay the bank is owed 120 million yuan.
But to Hai Cheng company equity is made over often reach hold jointly by both sides finally wait for related side circumstance, be in harmony 100 million amount to and accrete respect all did not disclose specific reason. According to compensatory agreement 5, both sides affirms equity makes over money paid for something purchased or received for something sold to be 180 million yuan, with Hai Cheng the company sells a fund 20% undertake repaying.
Get from 2012 open to booking card to rise, the sea filled company accumulative total to sell nearly 100 million yuan. Among them sale of accumulative total of second half of the year was controlled for 45 million yuan 2013; 2014 sale is controlled 2.1 million yuan only first quarter. That is to say, even if agrees according to both sides means reimbursement, reimbursement specified amount spends accumulative total to also do not exceed 20 million yuan.
Accrete and northern company thinks, borrow or lend money of 250 million yuan of shareholder is 380 million yuan of equity the one part in transferring a money, main both sides is formed for project of project of fiction of income tax of price of avoid equity excessive. 380 million yuan capital and bank loan interest, should by be in harmony 100 million amount to and accrete company undertakes assuming according to equity scale.
The portion arrived in June 2013 by March 2014, the sea fills sale of company accumulative total to be forty-seven million one hundred and thirty-nine thousand five hundred yuan, agree according to both sides 20% use at repaying be in harmony 100 million amount to debt, namely nine million four hundred and twenty-seven thousand nine hundred yuan. In September 2014 portion, because the sea fills a company to did not pay this fee, be in harmony 100 million amount to to calabash island intermediate court applies for to undertake enforcing executive through Hai Cheng company.
Begin from 2013, because contradict to upgrade ceaselessly, both sides did not hold shareholder meeting again, accrete respect accused company board of directors on behalf of the palm, and be in harmony 100 million amounted to respect delegate to capture the important data such as company official seal, hai Cheng company is managed daily be in halt condition, begin to default supplier capital and employee wages.
Of one disaster after another is, in Feburary 2015 portion, card is illuminated related Hai Cheng company, the public security mechanism such as business contract and seal is sequestered, the project develops complete backwater. April, public Security Department of province of the Ministry of Public Security, Liaoning and calabash island public security bureau fill a company to investigate issue of 250 million yuan of money to the sea on a special trip.
Arrive from 2014 during 2017, both sides had old judicatory suit continuously around relevant money, save tall courtyard, supreme court to Liaoning from court of intermediate people of city of island of court of the county in peacefuling, calabash all the time. In June 2016, court of the 100 million counties in Da Xiangsui applies for be in harmony to fill a company to undertake disbanding to the sea.
Because two partner fail to form liquidation group inside formulary time, september 2017 portion, be in harmony 100 million amount to court of company Xiang Suizhong county to apply for to undertake enforcing liquidating to Hai Cheng company, november 2017, application obtains a court to approve. November 2018 portion, accrete day wears river project asset to undertake be liquidatinged for the first time auctioning.
