Conserve the part that the person holds to to reject those who exceed bid to remove closes down, to

Shell company applies for to close down in lawsuit house property of for sale of company of my house property 186, car 34, according to the sale at that time average unit price is calculated, its close down the value of house property is close 200 million yuan, yuan Chao crosses its lawsuit to request (80 million) amount. My company puts forward to conserve for many times demur is offerred relevant evaluate a report, request in order to need a sale to remove to close down to exceeding the share of mark for relevant house property. But shell company rejects to remove of the partial house property to exceeding bid close down. After other case adjudicates become effective, my company accuses to the court requirement shell company assumes the liability to pay compensation that the mistake conserves.

Ask, the appeal of my company whether get supportive?

This lawyer thinks: The appeal of company of your house property ought to get supportive, shell company should answer the liability to pay compensation that assumes those who exceed bid to close down.

Because: The primary purpose that lawsuit conserves is for safeguard in the future lawfully the adjudication of become effective can get smoothly executive, the likelihood after reason applies for the limits that lawsuit conserves to cannot exceed an applicant to win the lawsuit gets executive range of support.

In this problem, the litigant request of shell company is 80 million yuan, but its are in conserve the request in requisition closes down 80 million yuan of belongings waiting for the forehead while, regard clew as to be offerred to people court along with all the others the detailed information of house property be closinged down, people court is in cannot the circumstance of value of this somes of house property leaves accurate estimation, its accordingly place row closes down belongings clew carries bright house property closes down along with all the others and all without exception is become. But, shell company applies for those who exceed bid to close down behavior already was caused damage a result. You regard commodity house project as the company, in the land that finish complete of project of house of development, commodity is checked and accept, below the opens to booking licence circumstance that acquires sale building, gain of sale house property makes its main purpose. Because house property is closed down,cannot sell, make you were lost trade opportunity, cause the accrual loss that sells house fund directly, also cause your capital secondhand cannot steam again, cannot on schedule pay imposition, cannot repay expire the adverse consequence such as debt, already caused to you truly damage consequence. And, shell company is subjective go up existence is intended, it is apparent fault at least. After house property is closed down, you for many times with exceeding bid close down for demur, offer evaluate a report, the request gives to exceeding the close down house property of mark solution is sealed. To this, people court organizes Shi Ming of bilateral party hearing of witnesses in time, right now shell company has known those who exceed bid to close down, but still reject solution to seal. Cause experience case house property to exceed the close down immediate cause of mark continuously for years, shell company is subjective on put in intended or apparent error.

On put together, shell company answers the liability to pay compensation that you assume those who exceed bid to close down.

" code of civil law "

The 105th application has a mistake, the applicant ought to recoup the loss that is sufferred because of conserving by the applicant.

(2013) civilian explain word the 1520th

In solid Wu, do not be in those who exceed bid in order to adjudicate whether judgement is put as a result to close down had done not have controversy. Conserve the value of belongings must not exceed lawsuit to request amount to also had gotten solid Wu apparently accepted. Accordingly, party is in conserve when belongings of the other side, do not get baleful limitation and block up to be conserved of the person manage, purpose the idea that through conserving behavior has coercion to the accused and practice also cannot be taken extremely.

Conserve to avoid to be maintained what ill will exceeds bid by the court, significant evidence is referred to confirm those who exceed bid to check cent to apply for to be solved partly in person be conservinged when sealing, conserve the person has authority to be in already conserved the belongings limits that reservation of the choice in belongings conserves, right now proposal applicant chooses to change according to particular case show the belongings with strong capability to give conserve reservation. Do not want ill will to hold to, avoid to produce liability to pay compensation.