Judge He are you excuse me very? The application that I am desk of dispute of building business contract executes a person, the building that Dai Mou of person be executived appears in them eventually today dish ministry of carry out building, ask a judge to hurry to the spot as soon as possible.
On August 15 morning, the ground that before bailiff is being guided immediately after executive judge receives a telephone call, says toward applicant place is nodded.
Person be executived is extending to the villager find a place for cost, executive judge scene shows a case
Executive judge shows a case to person be executived, ask its fulfill become effective to adjudicate obligation
The agreement talks things over to the court the following day
When executive judge finds Dai Mou of person be executived, he is extending to local villager find a place for cost. Because spot villager is numerous much, case is complex, executive judge did not adopt coercive measures to Dai Mou on the spot, inform he talks things over the following day.
Brief introduction of details of a case
This is desk of dispute of building business contract, dai Mou of person be executived is the legal representative of A estate limited company. 2015, the building that applicant Liang Mou took a fancy to this estate company to be located in Nanning city new and high district through newspaper ad dish, came to this building on May 3, 2015 dish ministry of carry out building understands a situation. This company took out this to build a project to obtain relevant government sector to approve the certificate photocopy of construction, saying to Introduction Liang Mou this purpose uses the ground, program, construction to wait pass sanction, can be at ease buy. Through this company conduct propaganda, liang Mou mistake is this building dish have legal procedures, filled in on the spot then the other side shows " schedule of buy course of study " , pay deposit 2000 yuan. Ever since, this estate company calls for many times room contract is ordered toward the autograph before urgent Liang Mou. On May 10, 2015, liang Mou comes to ministry of building of this carry out again, signed with this company " collaboration proposes room contract " , the content of conventional mark is the building that a floor area is 133.76 square metre; Building money paid for something purchased or received for something sold is square metre of 3398 yuan of ／ , total prices 454000 yuan, head period pay it is 136200 yuan; Payment is instalment, the date that make a room was on June 30, 2017 before; The contract agreed at the same time bilateral responsibility of breach of contract. The contract is signed that day, agreement of Liang Mou according to pays to this company buy room head to pay 136200 yuan.
Some is in the later Liang dynasty of the friend remind next advisory attorneys, just tell this company dealing with " commodity house opens to booking licence " covert below the circumstance sale commodity house, belong to behavior of room of illegal carry out. Liang Mou makes work to this for many times building ministry, the requirement returns all money of a consign, this company all ignore. To safeguard the legitimate rights and interests of oneself, liang Mou appeals to to on the west court of countryside pond district. On March 17, 2016, forensic classics is tried, adjudicative accuser Liang Mou and limited company of development of estate of the accused A sign " collaboration proposes room contract " invalid, limited company of development of estate of the accused A is returned to accuser Liang Mou still buy house fund 136200 yuan pay corresponding interest.
Executive circumstance
Liang Mou feels helpless is, the accused after adjudicating become effective did not fulfil obligation all the time, liang Mou applies for to be carried out compulsively then. After the case enters executive order, classics " 4 check two check " , the court is buckled lawfully delimit on account of this company bank only more than yuan 7000 of remnant, wei Mou misses, sky of ministry of carry out building does not have one person, lou Pancheng is sodden poop deck, bring about this case to be carried out smoothly hard.
Bilateral party talks things over that day
Be apart from adjudicative become effective to already passed more than two years, for the dispute between another company and villager, dai Mou of person be executived finds a place for to pacify the villager to show a body to extend paragraph, be blocked up by the applicant wearing.
On August 17 morning, applicant Liang Mou and Dai Mou of person be executived will to the court talk things over, liang Mou expresses to hope Dai Mou can fulfil one part obligation on the spot, odd part can be fulfilled again afterwards. Dai Mou apparently cooperate a court to work, claim oneself also want to solve a problem, the court can close down all belongings of the company, but carry out again at the same time " protracted " tactics, emphasize money on company bank account one minute be being done not have repeatedly, extended yesterday the finds a place for cost is to cast those representing capital money of the villager is not a company, need more time ability to solve a problem, emphasize to the applicant for many times " even if catch me now be imprisoned can how, I still give you without money. I still give you without money..
The applicant is talking things over with person be executived
Talk things over to lasted to 11 o'clock all the time at 9 o'clock from in the morning, the judge was carried out to give Dai Mou's enough time to make he and company shareholder, investment square contact during, express clearly to was like Dai Mou to still be inferior to real report belongings at 10 o'clock, fulfil obligation, the court will detain advice note to its make known to lower levels, after Dai Mou is informed, still behave composed.
Person be executived defies bailiff to wear darby for its
11:30, dai Mou still does not wish to fulfil obligation, also cannot offer what card gives the villager according to proving to extend to find a place for cost does not belong to a company. Because avoid is carried out, reject to report according to the facts belongings, executive judge decides to be being carried out person Dai Mou adopts coercive measures. When bailiff wears darby for its, dai Mou begins eventually confused, he what had looked to detain advice note obviously claims to look not to know the content above, judge on the spot read out detain advice note, decisive adopted judicatory to detain to Dai Mou.
In this one process, wear some rage, avoid bailiff to wear darby for its ceaselessly, revolt strongly. Final, dai Mou is moved to send lawfully detain 15 days.
Person be executived is controlled by bailiff
Person be executived is accepting check-up
Person be executived is moved to send detain
