News of view of · of legal evening paper (reporter Li Dong) " I am not not to pay rent, my lane is not clear that who is landlord. " Heibei rich Ma is special trade limited company (next weighing that Fu Ma is special) before the business that legal person represents Huang Jimin to collect rent to two different landlord feels helpless.
On December 2, 2012, fu Ma spy and local Zhao Jun are smooth signed " the building rents a contract " , bear leased an office building that is located in Heibei to visit Han Dan town, hire fluctuates 10 million yuan every year, lease 20 years.
3 years past, on November 29, 2015 this day, bilateral agreement fulfils afore-mentioned contracts that rent at was being stopped on July 31, 2015, agree at the same time, the right that the Zhao Jun in afore-mentioned contracts that rent makes the same score an odd deadline for performance is compulsory by limited company of trade of Heibei Hao favour (commerce of next favour weighing Hao) continue to fulfill especially with Fu Ma.
Hand in lease 1 year to new landlord half hind, fu Ma is made the same score to appeal to by Zhao Jun especially to the court, appeal to beg include: The view came on June 1, 2015 the chummage June 30, 2017 seventeen million nine hundred and seventy-one thousand two hundred yuan, call in experience case building.
Already paid rent to Hao favour commerce actually, be asked to hand in a room to give again " anteroom east " , how is Huang Jimin does not know good.
Zhao Jun makes the same score two to appeal to beg obtain first instance Heibei to save court of people of Han Dan county to send a courtyard to support. But court of intermediate people of city of Dan of Han of province of Heibei of 2 careful court thinks first instance adjudicates basic fact is not clear, the program breaks the law, rule cancel first instance adjudicates, send heavy careful.
Rental Fang Yi advocate
Edifice of Fu Ma spy is the office building of experience thing namely, the clump stand way that is located in Heibei to visit Han Dan town and east horn of northeast of mouth of annulus ave across, area of whole floor body is about 30 thousand square metre, way of Na Lincong stand, road of Xi Lindong annulus, dan of distance train Han east the station makes an appointment with 3 kilometers, a sector of an area is advantageous.
Before this, this building trades to hold village technology dominion concurrently center. Heibei rich Ma is special trade limited company bear after hiring, office building is formal more the name is edifice of Fu Ma spy. Fu Ma throws a large number of capital to undertake to office building whole is designed especially, decorate etc, since 2013 already enterprise of a hunderd schools on the many industries such as finance, food, trade is entered halt.
Place holds Zhuang Cun concurrently appoint the material such as the agreement that permit of construction of project of meeting proof, construction, construction uses ground program licence and after this to sign shows, this building property right puts in village holding a village concurrently 's charge appoint meeting,
On December 2, 2012, both sides signs a building to rent a contract, by Zhao Jun smooth relet gives Heibei limited company of trade of Fu Ma spy, bear hire rise from September 1, 2013, lease 20 years.
Both sides begins to fulfil contract agreement obligation, fu Ma agrees by the contract Xiang Zhaojun makes the same score pay hire especially. "Honor the agreement 3 years to come, more successful. " the legal person before Fu Ma is special represents Huang Jimin (exited in Feburary 2018) say, till 2015 in year, the misfortune begins to appear.
Fu Ma offers a material of the reporter to show especially, on November 29, 2015, zhao Junping one party and rich Ma are signed especially " remove contract agreement " , agreement agrees the 3rd times, both sides signed on December 2, 2012 " the building rents a contract " right obligation is stopped from July 31, 2015 fulfill. The contract right inside odd deadline for performance is compulsory by limited company of trade of Heibei Hao favour according to what signed on December 2, 2012 " the building rents a contract " agreement and Fu Ma continue to fulfill especially and sign separately " the building rents a contract " .
On November 30, 2015, fu Ma spy and Hao favour commerce are signed with respect to edifice of Fu Ma spy " book of the contract that rent " , lease comes from August 1, 2015 on August 31, 2033.
Fu Ma spy begins to be handed in to Hao favour commerce hire. Financial data shows, fu Ma gives Hao favour commerce money of brushstroke rent at paying on December 15, 2015 especially 500 thousand yuan. To in October 2017, fu Ma agrees according to the contract that rent to bridal chamber Dong Haoen commerce pays chummage the money especially in all more than yuan 10.97 million.
The court sentences Fu Ma spy " compensate is hired make a room "
Another misfortune appeared 2017 in year. Zhao Jun makes the same score one paper indictment to tell Fu Ma the court especially, those who request to stop its and rich Ma to was signed on December 2, 2012 especially " the building rents a contract " , make the same score Zhao Jun of reassign of entire building of edifice of Fu Ma spy. Additional requirement rich Ma is handed in with Du Peng of another the accused especially the chummage that stopped on June 30, 2017 comes since June 1, 2015 seventeen million nine hundred and seventy-one thousand two hundred yuan, reach partial penalty due to breach of contract 800 thousand yuan wait.
Zhao Jun is smooth say in indictment, its ever asked for the chummage that Fu Ma defaults especially for you at entrusting Du Peng in September 2015, "After Du Peng intervenes, company of Fu Ma spy says he gives Du Peng chummage, dan Dupeng refus not acknowledge a debt " .
First instance judgment shows, du Peng differentiate says, its and Zhao Jun are smooth between say in nonexistent indictment for you the clientage of collection hire; Differentiate of Fu Ma spy says " had not seen accredit a power of attorney, do not recognize this kind of concern " .
Additional, huang Jimin affirms repeatedly from department of personnel of finance affairs of Fu Ma spy, the hire before the portion was in in August 2015 with Zhao Jun square is signed " remove contract agreement " when already sum settle, later, begin to be handed in to Hao favour commerce hire.
After waiting for link through judicial quote, qualitative card, court of people of county of Dan of Han of court of first instance is maintained, on December 2, 2012, zhao Jun makes the same score what sign especially with Fu Ma " the building rents a contract " become effective, "Fu Ma ought to fulfil obligation according to contract agreement especially, but the accused rich Ma is special the company did not pay rent according to the agreement " .
The court thinks, "Du Peng is in accuser (Zhao Jun is smooth) appoint collection hire and during making over matters concerned of right of administration, fail to entrust era to close according to client accuser hire and make over right of administration related hire of matters concerned general or make over gold to give accuser, its behavior oversteped acting limits of authority " . "The renting right of administration that the behavior of 2 the accused all encroached accuser benefit, existence break a contact " .
Court of people of county of Dan of Han of province of first instance Heibei (2017) look forward to 0421 civilian 943 judgment show first, the court decision removes Zhao Jun is gentle Fu Ma is signed especially on December 2, 2012 " the building rents a contract " , fu Ma is special edifice of Fu Ma spy entire building reassign gives Zhao Jun to make the same score. Additional, compensation of Fu Ma spy reachs the chummage loss till June 30, 2017 since June 1, 2015 17971200 yuan, the accused Du Peng assumes joint liability to this compensation.
First instance adjudicates by cancel
First instance judgment shows, accuser Zhao Jun is smooth offer two to the court " the building rents a contract " , 1 is Xerox, 1 is original, two contracts differ somewhat except hire outside, rent in contract original namely many piece " Zhang Zhijiang " manuscript name, other part is even appearance. "Via this front courtyard and Zhang Zhijiang for many times phone connection, zhang Zhijiang says to do not have a relation with its, him Zhang Zhijiang also does not come the court shows a case " .
Rule to be mentioned in the book definitely, much portion evidence appears when front courtyard careful, but the word did not carry afore-mentioned Zhao Jun smooth one party and Fu Ma to be signed especially on November 29, 2015 " remove contract agreement " .
At this point circumstance, huang Jimin says, in its impression, this agreement has been referred to the court by Du Peng, but not clear refer time. The reporter dials Du Peng telephone, the other side says " you say this I am not quite clear " " I was not necessary to say with you " .
The reporter notices, this " remove contract agreement " in, name of home page Party A is in, those who Zhao Jun is made the same score is handwritten sign reach an impression of the hand. Outside making news except Zhao Jun's equal opportunity, also appear " Zhang Zhijiang " machine hit a name to reach its the information such as Id date, but of Zhang Zhijiang handwritten sign reach fingerprint to appear in end page to sign place, and the fingerprint that Zhang Zhijiang's fingerprint makes the same score than Zhao Jun apparently is more bright red.
To this, the reporter dials Zhang Zhijiang mobile telephone for many times, up to before distributing news dispatches, make eventually nobody are received listen.
Zhao Jun is smooth tell a reporter, he never has seen this " remove contract agreement " , the signature above and fingerprint also are not him. He hears having this agreement is after Du Peng puts forward to appeal, understand from 2 careful court.
During front courtyard careful, du Peng did not arrive front courtyard. But after be informed first instance to adjudicate a result, du Peng refuses to obey, mention appeal. Court of intermediate people of city of Dan of Han of 2 careful court is accepted and undertake cognizance.
Court of intermediate people of Han Dan city thinks, the leasehold of especially big mansion shows case experience rich Ma to be enjoyed by who, zhao Jun makes the same score what with Heibei limited company of trade of Fu Ma spy signs " the building rents a contract " whether to remove, the Fu Ma of limited company of trade of Heibei Hao favour and case experience is especially big the basic fact such as mansion existence what relation is not clear, of other case experience " the building rents a contract " " agreement of cleanness of creditor's rights debt " reach " remove contract agreement " in all Zhang Zhijiang signs, one adjudgement omits party definitely, belong to a program to break the law.
Court of intermediate people of city of Dan of Han of 2 careful court rules, cancel first instance adjudicates, send a Heibei to save court of people of development of technology of Han Dan economy to weigh careful.
Promote a solution not if really
On October 19, 2017, first instance of court of people of county of Dan of Heibei province Han adjudicates Fu Ma is special edifice of Fu Ma spy entire building reassign gives Zhao Jun to make the same score. However, the commerce of rental square Hao En that already signed the contract that rent especially with Fu Ma does not approve a court decision.
According to local media coverage, after first instance adjudicates, hao favour commerce still asks Fu Ma is signed according to both sides especially on November 30, 2015 " book of the contract that rent " agreement, pay rent to its.
Future of Fu Ma spy must reach reaction, the misfortune appears again. According to local media coverage, on December 4, 2017 morning, the personnel of a group of unidentified identity closes door of division of office of Fu Ma spy forcibly, prevent a staff member to enter basement to maintain the main facility such as gas fired boiler, minatory cut off the water supply, power cut, cause hidden trouble of a series of safety, fire control.
Huang Jimin tells view of · of legal evening paper journalist, the incident December 4, 2017 is in branch of local politics and law intervene below, unidentified identity personnel just leaves. The Huang Jimin that at that time still is delegate of legal person of Fu Ma spy makes known his position publicly to media: Chummage is sure a single cent or penny is not defaulted, but which should give after all? He hopes commerce of Zhao Jun Ping Yuhao favour passes legal approach to affirm as soon as possible " landlord identity " .
Weather eye checks information to show, of limited company of trade of Heibei Hao favour register time to be on June 16, 2015. Sign especially with Fu Ma " book of the contract that rent " be on November 30, 2015, differ insufficient half an year.
Additional, the modificatory record of this company shows, on April 13, 2016, the ability after scope of operations is changed has " the building is rented " " property serves " two. Sign especially with Fu Ma oneself " book of the contract that rent " the 4 months time after, limited company of trade of Heibei Hao favour does not have a building to rent aptitude.
Limited company of trade of Heibei Hao favour registers fund 10 million, huang Jimin is shown anxious, "In case the court rules ' Hao En ' not be landlord, even if ' Hao En ' application goes bankrupt, fu Ma gives especially many yuan of 1000 hire in the past also otherwise came back " .
From be sued to come after the court, concern of Fu Ma spy causes bigger loss, pay rent to any one party no longer. Dan Haoen commerce still asks Fu Ma pays rent to its especially. To this circumstance, edifice of Fu Ma spy shows new and high technology of city of apanage Han Dan to develop trifling to be in charge of appoint meeting Ceng Jie enters mediation. Huang Jimin says, canal appoint when meeting organization is mediated, he ever offerred a proposal: Fu Ma spy pays rent keep by all directions, after waiting for landlord identity to affirm, delimit the hire that keeps by all directions by landlord. But this proposal was not managed to collect.
Canal appoint meeting hope just passes judicatory way to solve each, not if really.
As we have learned, on June 9, 2018 afternoon, of party of service of book of ruling of 2 careful court the following day, fu Ma has personnel of many unidentified body to enter again in especially big mansion, monitoring of the many place inside the edifice is destroyed, each sectional employee such as financial room of firm of Fu Ma spy, downstage, security personnel, fire control all are evicted.
