Henan business signs up for Han Zhonglin of brilliant of reporter Zhang Jing
Last year on September 27, reporter of " of Henan business newspaper accompanies you to did thing " column to pay close attention to " Xing Yang Baiyu business door is answered tear open change, new market has built 2 years to enter cannot be stationed in " be related.
At that time, the Suo He that the market is in is street an equestrian surname controller tells agency Henan to business signs up for a reporter, the government can give business door a satisfactory answer certainly. Did not think of 4 months go, business door people still cannot enter be stationed in new market. Accordingly, 37 business door are in relief to Xing city people government, Suo He is street agency to lodge a complaint.
At the beginning of this year March, court of Zhengzhou city intermediate people make a court decision, government of people of requirement Xing in relief city assumes corresponding liability to pay compensation. And side of Xing in relief municipal government is right the court decision refuses to obey as a result, save senior people court to mention to Henan appeal.
Review:
Business door answers an appeal to remove to cannot be entered however be stationed in new market 37 business door sue Xing in relief municipal government
Street agency informed Suo He of trader of market of trade of Gao region market 2013 door, because old city is transformed, the market will be started tear open change. Business door people answer a call, with Suo He street agency is signed " into Gao Lu market trade mart demolishs compensation to find a place for agreement " (" of next abbreviation " agreement) , set foot on the road that tear open change.
The agreement shows, mart of new market trade will be used at build before December 31, 2014 and be being thrown. However till nowadays, although new market has built, still use without investment however, business door people can be in only " leads a wandering life outside " .
Why has the house built the market not practice? Bear build unit light real estate Zhengzhou farming is industrial and commercial limited company is in charge of course of study of Hua Zhen buy person, the company is filled up endowment built new market, want Suo He only street agency comes over Qian Bo, the market can consign.
And Suo He is street controller of surname of a horse responds to agency at that time say, new market is governmental investment construction, it is state-owned asset, involving state-owned asset to allocate do not say a piece of paper can decide, have relevant provision and plan. "What make to them previously is affirmatory, we can explain to them. If give them,cause a loss, we also can undertake compensatory according to the contract. "The horse surnames chief to say.
"Spent 3 many months again, the thing still does not have essence to make progress, we can be solved only through legal approach. "Mr Zhang says business door, they tried to talk things over, the letter is visited, appeal a variety of means such as the " of a letter that hot line of media, mayor, " gives a mayor, do not have a result.
On January 4, 37 business door with respect to Xing this world city people government, Suo He is street agency refus nonperformance " into Gao Lu market trade mart demolishs compensation to find a place for agreement " , give business door to cause huge loss, offer administrative suit to Zhengzhou quadrangle, street agency will build government of people of requirement Xing in relief city, Suo He as soon as possible the market delivers to business door, because defer delivers to the loss that business door causes,compensate for.
Court decision:
Business door people win the lawsuit, but the market still does not have the condition that make a room, preparation appeals again to province tall courtyard request economy compensation
Zhengzhou quadrangle undertook front courtyard careful to this case on January 30.
Spot of front courtyard careful, business door people appeal to beg involve two aspects, it is to continue to fulfill, 2 it is compensatory loss. It is demand demand river namely street agency in Feburary 2019 before the bottom according to find a place for the agreement will agree the business of the area is spread as scheduled consign; The 2 pecuniary loss that because its delay late delivery to find a place for the room causes to accuser,are requirement accuser compensation: Exceed namely period find a place for the compensation means that increases use one year one year again undertakes compensatory, specific compensation time is: Accept to accuser century since October 2013 find a place for the span summation of the date of the room.
Suo He is street do rejoin say, the reason that fails to fulfil a contract according to it is existence hair changes, the multinomial formalities such as environmental protection, program, construction is not perfect, 2 it is construction financing gap cannot pay project many yuan 2000 fee.
At the beginning of this year March, court of Zhengzhou city intermediate people make a court decision, government of people of in relief city of Xing of adjudicative the accused comes to find a place for the day that compensates accuser is assumed to accuser actually from July 1, 2015 find a place for more than deadline a year at " compensation finds a place for agreement " outside the liability to pay compensation that raises lease one year again; Reject accuser other suit request.
Although look from adjudicative result, business door people win the lawsuit but when they take report, dissatisfactory to the result.
"Yes, business door people won the lawsuit. But we still should continue next appeal. "Mr Zhang tells business door Henan to business signs up for a reporter, although won the lawsuit, but everybody is not sober.
"The house is used without consign now, cost of many yuan of 2000 project did not pay, and formalities has not done, the house does not have card, do not have the requirement that make a room. The court says, do not have a house to be able to be handled in order to use economic compensatory means, we arrive next the purpose of tall courtyard appeal, apply for economy to compensate namely. "Mr Zhang says.
Progress:
Government of people of Xing in relief city raises appeal
On March 18, business door delegate tells Henan business signs up for a reporter, xing in relief municipal government refuses to obey first instance court decision, to Henan province senior people court mentions appeal.
Business door people to Henan business newspaper reporter showed an administration petition for appeal, show among them, appellant is government of people of Xing in relief city, the relevant administration that appeal requests to be court of intermediate people of cancel Zhengzhou city to make adjudicates, the ruling rejects appellee (business door) to appellant (government of people of Xing in relief city) appeal.
Subsequently, henan business signed up for a reporter to contact Xing in relief municipal government. A staff member affirms this administration petition for appeal is belonged to solid.
And business door delegate tells Henan business signs up for a reporter, in view of Xing this world municipal government already mentioned appeal, business door people do not undertake a:appellant temporarily, the recycle after waiting for province tall courtyard to adjudicate the result comes down decides next plans.
(Henan business newspaper edits luxuriant beautiful)
