Around the use development of a land, two enterprises hit 5 years of lawsuit, hit the supreme court all the way from local court. Final court decision had a result, but the case was encountered it is difficult to carry out -- the enterprise that is carried out wants to go bankrupt.
Those who initiate this lawsuit, it is island of Suzhou city west hill a many mus 150 land. 2009, limited company of group of Shanghai grand spring (next weighing " Hong Quan group " ) with limited company of group of trade of buy of Suzhou day abundant (next weighing " course of study of day abundant buy " ) sign joint development agreement, but land property fails to obtain change later, both sides moves toward lawsuit from collaboration. The court holds break a promise of course of study of day abundant buy finally, adjudicate its reach accrual 95.41 million yuan to Fu Hongquan group.
The case enters executive phase, can be carried out job of buy of person day abundant is going broke liquidation. After this, because of on brushstroke 100 million capital, in those days the Jin Tingzhen government of project seat also coiled.
Two companies cooperation is earlier, grand spring group ever prepared 170 million yuan to pay day abundant buy the fund of course of study, turn into superintendency account of Jin Tingzhen. Then, the court informs Jin Tingzhen cooperates to carry out, dan Jinting presses down a response to say, this Qian Zao already paid day abundant buy job.
The execution of the case is immersed in corner again. In those days then 170 million yuan of capital become the pen focus.
Hong Quan tells insurgent news in Yang Wei of general manager of development department of group chief engineer, house property (Www.thepaper.cn) , did not issue the condition that acknowledges sheet to fall in grand spring group, jinting presses down finance place to pay money to course of study of day abundant buy, violated the tripartite at that time to superintend an agreement.
Wang Huagang of committee member of Jin Tingzhen Party committee expresses to insurgent news, jin Tingzhen government is right the specific content that cooperates between two companies does not understand, although press down a government to hit flaw of money order existence, but the equity between two companies is made over at that time already affirmed finish, ought to pay.
Cause that ground of controversy, be located in side of northwest of area of scene of fair hill of stone of island of Suzhou city west hill. Insurgent journalist defends beautiful inscription plan
Shanghai revive project of apartment of type of company cooperation hotel, entrust town finance place to superintend 170 million yuan
The lot that causes controversy is located in side of northwest of area of scene of fair hill of stone of island of Suzhou city west hill, cover an area of a face to accumulate 157.7 mus, be opposite at the same time too lake. In November 2006, person change is the land access of this ground limited company of estate of bay of bright moon of Suzhou west hill (next weighing " company of bright moon bay " ) .
In August 2009, grand spring group and course of study of day abundant buy undertake consulting with respect to arrangements of lot of side of fair Shanxi of stone of joint development Suzhou, sign " cooperative agreement " , the plan uses the property using the land of this plot ground change to be by meal hotel industry can become independent apartment of intersected hotel type, move to 0.35 on volume ratio, the forehead of project bid exceeds 290 million yuan.
Both sides still affirms, by Hong Quan the day abundant of company and subordinate of course of study of day abundant buy invests construction company to suffer the kind that allows equity of company of bright moon bay to realize partner to change respectively. The first instance judgment of Jiangsu tall courtyard shows, on December 17, 2009, via Suzhou city Wu Zhong is versed in approve of management board of commercial firm politics, change of shareholder of company of bright moon bay is grand spring company and day abundant investment to build a company, among them grand spring company is occupied 98% .
The specification that Jinting presses down finance place to was issued on August 25, 2009. Suffer the person that visit to offer a plan
August 2009 " cooperative agreement " in, both sides agrees at the same time, agree will among them 170 million yuan of in project money governments that collect both sides to appoint superintend account -- land of place of Jin Tingzhen finance is paid use fund is special inside account, course of study of Ju Tianfeng buy must finish all equity to make over inside 15 weekday after capital enter an item in an account and the land access change the name of owner in a register of target plot and change of the character that use the land.
For insurance for the purpose of, both sides and government of town of golden front courtyard talk things over consistent, press down finance place via Jinting written affirm, the money of consign of grand spring group, wait for bilateral company to be issued jointly only after affirming sheet, ability pays day abundant buy job by finance place. After consultative become effective, grand spring group is pressed pay 170 million yuan early or late about to Jin Tingzhen finance place is entrusted superintend. On August 25, 2009, jinting presses down finance place to issued a specification to also confirm afore-mentioned views.
The property that use the land becomes longer to was not dealt with, the court adjudicates beak a contract of employment of day abundant buy
Nevertheless, money arrives after Zhang, experience case plot pledges with ground sex change is dealt with in not was like an imagination however successful.
On January 7, 2010, grand spring company and course of study of day abundant buy sign again " agreement of joint development complement " . " conference summary " show, the financing that grand spring company is course of study of buy of supportive day abundant to be encountered in conduction formalities process is difficult, agree with company of bright moon bay to pay buy of 50 million abundant giving a day job ahead of schedule, course of study of day abundant buy is affirmatory also the property using the land that manages compromise to view an agreement inside 20 weekday changes procedures.
On October 8, 2010, grand spring company presses down collective property company to make a money to Jinting 50 million yuan. When fine of sword of president gold of company of property of Jin Tingzhen collective is accepting an inquiry, say, the Ren Jinting when classics presses down Party committee secretary oral directive, 50 million yuan of afore-mentioned as a way of produce company name lend to give day abundant the company, in addition, grand spring group infiltrates 170 million yuan when press down finance place also turn into collective property company.
After this, because of experience case plot still for a long time fails to deal with the property that use the land to change, grand spring company is satisfied to forensic to lodge a complaint.
Jiangsu tall courtyard is civil 2013 the 0007th judgment shows, course of study of day abundant buy ever needed classics administration to examine and approve with the change of land property for, advocate the contract is invalid, still ask grand spring company is returned return equity of company of bright moon bay and compensatory loss.
Jiangsu tall courtyard thinks, although use ground property final whether the category that change belongs to administration to examine and approve, but law did not prohibit party is right in the agreement this and relevant civil rights obligation undertake conventional, grand spring company and the consultative provision that place of course of study of day abundant buy agrees of not lawbreaking, administrative regulations mandatory regulation, the contract is accordingly active, do not grant to support to the view of course of study of day abundant buy.
Jiangsu tall courtyard is maintained, course of study of day abundant buy makes break a promise, should return already still paid reach accrual. According to " cooperative agreement " , two hundred and ninety-nine million six hundred and thirty thousand yuan when grand spring company should pay day abundant buy job in the land cost fund that includes experience case lot is mixed 200 million yuan collaboration distributes benefit fund beforehand 99.63 million yuan, because bilateral collaboration is built,in 40 years industry of meal, hotel uses foundation plinth, course of study of buy of friend day abundant should return money by corresponding scale.
Final, jiangsu tall courtyard adjudicates, ground of day abundant buy reachs accrual 95.41 million yuan to Fu Hongquan group.
Grand spring group refuses to obey court decision, put forward to appeal. On December 18, 2015, jiangsu tall courtyard makes a ruling, maintain original judgement. Hind grand spring company offers review application to top magic art again, on December 29, 2017 out of court.
Person be executived is entered go bankrupt liquidation, executive money falls be in distress to look for
After the case enters executive phase, course of study of day abundant buy is entered go bankrupt liquidation, company legal representative and effective control person also gradually " break couplet " .
On April 3, 2019, insurgent news comes to course of study of day abundant buy the industrial and commercial address that register: Mouth of petty official of Suzhou city Wu Zhong district presses down Sun Wu road 610, discover this company is moved already from, this ground already was changed for a guesthouse.
Course of study of day abundant buy is industrial and commercial the address that register, already changed now for a guesthouse. Insurgent journalist defends beautiful inscription plan
Course of study of buy of abundant of day of connection of phone of insurgent news attempt many controller, all did not obtain echo.
Industrial and commercial data shows, this company business charter already was in revoke condition at present.
In executive process, clue of court of people of the division in Ceng Xiangwu of grand spring group, say to did not agree with Guo Jinting to press down finance place to pay group of trade of day abundant buy any money, reason still should be in 170 million yuan finance place.
On December 5, 2017, district court makes Wu Zhong fulfill advice note, think person be executived presses down finance to enjoy creditor's rights in Jinting, the requirement is frozen, buckle the creditor's rights that delimits course of study of day abundant buy presses down finance place to Jinting, amount with 141 million yuan of in the limit of, ask finance place is received after fulfilling an announcement the money that pays day abundant buy job will answer assemble forensic account inside 10 days.
On December 15, 2017, place of Jin Tingzhen finance refers circumstance specification to say to Wu Zhongfa courtyard, 170 million yuan when of short duration puts at superintending account already pressed down collective asset to manage salary to turn through Jinting the means of Zhang pays day abundant buy job, place of Jin Tingzhen finance does not have the money that can carry out for assistance.
Lawyer of representative of Hong Quan group thinks, superintend an agreement according to tripartite, government of town of golden front courtyard is accountability ensure capital is safe, do not get below the circumstance that agrees without grand spring group to any tripartite divert, transfer. Hong Quan group thinks, because Jinting presses down a government to superintend not do one's best, the generation when causing a court to carry out is difficult.
When Zhu Wei of finance institute director firelights or sunlight to accepted an inquiry in August 2017, former Jin Tingzhen says, will 170 million delimit from finance place property company did not tell Hong Quan company really, "Just think finance place just crosses Zhang simply at that time " .
On April 3, 2019, when Wang Huagang of Party committee committee member accepts insurgent news to interview, town of golden front courtyard says, specific to what cooperate between two companies content does not know town government completely, although hit flaw of money order existence, but the equity between two companies is made over at that time already affirmed finish, ought to pay so course of study of day abundant buy.
