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發表於 2015-12-6 18:28:55 | 只看該作者 回帖獎勵 |正序瀏覽 |閱讀模式
10 years ago, the court ruled to buy uncompleted flats "to the Housing debt" 10 years after the high price of real estate into the court to revoke the original ruling owners - the highest claims 100 million state compensation case open play
 
10 years ago, spent 3.75 million yuan investment in real estate, were available on schedule. The court ruled that the developer "to the Housing debt" to the price of 655 yuan per square meter,http://demo1.lomotec.com/forum.php?mod=viewthread&tid=40752, 13-story arrived to dry sir, "Doors, windows,canada goose femme, water, heating, electricity, communications were installed, corrosion of steel exposed serious" cessation of building .
 
10 years after the twists and turns, the developer changed hands after the completion schedule, prices had shrunk, near the sale price of 18,000 yuan. Mr. occasion suddenly dry glad that a new court ruling that convicted 10 years ago of "definite error", be rescinded.
 
"Over the years, such as a roller coaster general mood," the dry Sir, please Beijing lawyer to protect their rights to apply for state compensation Tianjin Superior Court, claims 100 million yuan or return the property. It is the highest amount of domestic claims for state compensation case together.
 
Sweet home
 
10 years ago, 3.75 million investment to buy real estate 6 floors
 
Sheng Yun building is located in Hongqiao District, Henan Province in the South Canal South Road transport, jointly developed by the Tianjin No.2 Construction Company real estate development and construction company with offices in Hongqiao District of Tianjin by the end of 1992 cottage renovation.
 
Due to shortage of funds, the two units in April 1995 the project transfer. The project changed hands several times since then, the Tianjin Development Zone Teng Yu Properties Limited as an investor intervention.
 
At that time the real estate industry has arisen, are doing business in Tianjin decided to invest in real estate, Mr. dry, fancy Tianjin Railway Station is located near the West Railway Station Sheng Yun building.
 
November 1999 to April 2000, Mr. thrice and dry Teng Yu real estate sales contracts signed, 375 million price, buy a filled Tower,http://nozoki.fooo.jp/top/kokuhaku/aska.cgi?nlichkeit, 4th floor, Building A, to 9 layers of houses, with a total construction area of 1060 square feet meters, equivalent to more than 3,500 yuan per square meter.
 
Court ruling with uncompleted flats "to the Housing debt"
 
Accordance with the contract, all the houses to be delivered in December 31, 2000. But because funds are not available, the building after the completion of the main project has been halted. Unable to stem Mr. Shoufang time found that house before selling yourself, Teng Yu company has been mortgaged to the bank.
 
Stem Mr. Teng Yu company will be prosecuted to the Tianjin First Intermediate People's Court, request a refund of the purchase money to pay default interest, penalty and late fees.
 
In early 2001, the court sides termination of the contract, Teng Yu pay back the principal and other losses the company a total of 455 million yuan Mr. Xiang Gan. But Teng Yu because many debt-ridden company, has been unable to pay back the money represents.
 
Under court mediation dry sir finally agreed "to the Housing debt" - building section Teng Yu Sheng Yun company at a price of 655 yuan per square meter, the court seized of distressed buildings --B floor layer to 8 layers 6, 16 layers to 23 layers, and layer 1 to layer 2 underground satisfaction to dry sir. Tianjin First Intermediate People's Court to make a ruling on this confirmation.
 
The price of 655 yuan is not groundless. During the proceedings, the court commissioned an accounting firm to do the asset assessment Sheng Yun building.
 
The report shows that: "The original design for the office or a commercial 1,2 layer, 3-24 layer apartment building eave now more than 5 layers only partially affixed tiles, only a portion of the inner eaves plaster,moncler femme, not installed doors, windows,louboutin femme, water, heating, electricity, communications were installed, the main structure of the maintenance situation somewhat less severe bare steel corrosion ...... "
 
Explicitly mentioned in the report: "In accordance with state regulations for construction in foreground investigation and analysis, the project is still under cessation among rehabilitation date can not be determined, can not determine the realization of benefits." Assess the price it is calculated based on building conditions and its functional and economic depreciation.
 
13-storey low-cost transfer foreclosed house nobody cares
 
Recalled the circumstances, dry lover Mr. Lee said: "Now look, residential and commercial buildings of more than six hundred yuan one square meter house arrived to us,tiffany outlet online, but it was too cheap is not the case, at the beginning we did. do not agree with this solution. Then the judge said, if you do not schedule these, there is no other way, Teng Yu-money, on the left this up. We also can not just agree to was foreclosed. "
 
She also told reporters that the assets are treated as 455 million yuan arrived over the house, she and her lover wanted cheap sale, but nobody cares. "I was also looking for a home auction, asked two million have nobody wants, they said the building, one million are unwanted."
 
Twists and turns
 
10 years after the court issued another ruling to revoke "to the Housing debt"
 
The thought arrived to the house hit in the hand. Who knows after many years in the past, the building was transferred Sheng Yun Teng Yu company gave Jiang Sheng Construction Development Co.,http://tame.pbeins.net, Ltd. of Tianjin. By the end of 2008, with the start date of the lapse of 16 years after the completion of the building was finally completed.
 
By this time, Tianjin, prices have shrunk, 13-story building that year was 655 yuan per square meter, now has become "astronomical." Mr. Couple bittersweet dry, glad rain comes.
 
Dry gentleman told reporters, although the building built, but still incomplete procedures, so there is no issue certificates of title. When he was not in Tianjin working life, and only be able to add value to these properties as "fixed assets" did not do any care, but did not stay.
 
We did not expect, by the end of 2010, with the building owners are friends Shing Yun told dry sir, I heard that the court issued a ruling, it is necessary to dry 10 years ago has satisfaction to Mr. repossessions.
 
"If you are not friends messenger, we do not know yet. We had already settled in Shanghai, but the court ruled that the book returned to his hometown in Zhejiang." Ms. Lee said.
 
The signing time is October 20, 2010 execution ruling stated: "In the present case the implementation process,http://sportsfan.jpn.org/cgi-kban/sunbbs.cgi?mode=form&no=101&page=1%3C/a%3E;, the Court found on 21 May 2001 to make room repossessed civil ruling definite error by the trial court The Committee discussed ...... ruled as follows: Undo Tianjin First Intermediate People's Court (2001) No. 190, one of Jin Zhi Zi civil ruling, this decision is served as soon as legally effective. "
 
Ruled that the book shows that the legal basis to make this determination, the "People's Court found that the Supreme Court on appeal before making preservation decisions and make rulings in the execution of the program does have complained errors and People's Procuratorate People's Court before preservation People's Court ruled that the protest should propose how to handle the approval "of the first.
 
Reporters find this approval, the first states: "People's Court in front of the court of appeal has become legally effective preservation decisions and ruling made in the implementation of the program found that indeed there is an error that requires revocation shall be brought to trial After discussion, the Commission decided that ruling to revoke the original ruling. "
 
However, dry Mr. execution ruling did not receive instructions, "indeed" and "error" in the end is what.
 
Suffered as a roller coaster please Beijing lawyer activist
 
Before ruling "as repossessed assets" is revoked, meaning Mr. dry could get only 10 years ago, the verdict found 455 million yuan paying back the principal and losses.
 
First buy uncompleted flats "loss", and later earned a blessing in disguise large, then suddenly evaporate price, this roller coaster of ups and downs as happened to nearly sixty years, Mr. highly stimulating dry.
 
He said: "When I received the court advised on schedule 'to the Housing debt', and now the house is finished, worthless, announced before the court made a mistake, have to withdraw, I can not accept nor understand!"
 
Dry gentleman told reporters that he do this several times to Tianjin in the hospital to find a judge to negotiate, but the judge has not given a reasonable explanation. To this end, he found Han Beijing Yijia Law Firm, a village activist lawyer to help him. According to counsel understand the situation, involved in housing has been identified and Teng Yu companies have units of all other creditors of debt disputes Tianjin Second Construction Real Estate Development Company.
 
It claims 100 million yuan into the country's Supreme National Compensation Case
 
October 17,http://www.pawsforabetterlife.net/forum/viewtopic.php?pid=62228#p62228, Hanil village solicitor dry sir, to the Tianjin High Court of Justice filed a suit to apply for state compensation or the return of 100 million yuan of real estate. It is the domestic existing national compensation case an example of the highest subject of the claim.
 
Dry Mr. alleged, the case in execution,http://www.classifieds.countynewsonline.org/item/create_form/19, debt agreement he reached with the company Teng Yu is both true meaning of that court in 2001 to make the implementation of ruling was correct and should not be revoked. The date of execution of an award notice from the dry Mr. already enjoys ownership of the house. Tianjin in the hospital in 2010 to make the implementation of the wrong execution ruling to dry Mr caused huge losses, should be compensated.
 
"2001 court ruling has put the property to dry sir all, a decade of soaring housing prices, housing prices premium part is legitimate stakeholders Mr. Therefore, even if the 2010 ruling is right, Tianjin in the hospital should also be made for this compensation . "Han, a village lawyer said.
 
November 29, Tianjin High Court to ask Korea to verify the situation of a village. "The judge told me that the case needed further examination and through collegiality, in order to have the final result." Said Han, a village.
 
Rate Survey
 
Near the high-speed rail rising prices
 
Shing Tower, Tianjin Railway Station is located near West Railway Station, while West Point has become one of the five Beijing-Shanghai high-speed rail station of origin. With the Beijing-Shanghai high-speed railway construction, real estate plate being formed West Point, West Point area of high-end real estate projects get together, house prices compared with the current year is different.
 
Tianjin West Railway Station near the real estate agent told reporters that the local price almost and Tianjin Heping District, Nankai District line. South of West Point Ming li, li, etc. Average Age of Kang district for about 10 years, the average price is also about 16,http://web.jinbo-web.com/4219/news/html/?55340.html,000 yuan / square meter.
 
Reporters learned by SouFun Tianjin Railway Station, West Railway Station to the east in the new real estate Jinling International Housing average price of 19,000 yuan / square meter; another new disc upstream of MassMutual International, the average price of about 17,000 yuan / square meter .
 
Court statement
 
Do you want to state compensation for an Collegiate
 
Tianjin First Intermediate People's Court Judge Lee legal publicity department, said the hospital not to be interviewed, the court ruled to ruling shall prevail.
 
Reporters asked in 2010 ruled that the book described in the "definite error" in the end mean anything, Judge Li did not directly answer. He said: the parties must know the "wrong" where, but he refused to accept, to take advantage of the media's "mouth" to hype Bale.
 
Tianjin Higher People's Court Judge Zhang contractor responsible for the case, said the case is currently being reviewed, after research collegiate bench and compensation committees, will make the decision whether or not to state compensation book. With the result we will promptly notify the parties, will not take very long.
 
Lawyers say
 
The court ruled that there should be compensation error
 
Beijing lawyer Liu Lin double benefit expressed his point of view, if the court ruling does have errors, then they should bear the liability of the State.
 
According to provisions of the State Compensation Law, the judiciary and its staff infringement of citizens, legal persons and other organizations of the legitimate rights and interests in the exercise of powers and causes damage, the organ organ liable for compensation. Reparation obligations shall apply from the date of receipt of the compensation within two months; overdue or no compensation for the claimant disagrees with the amount of compensation, the claimant may be the date of expiration of the period within three months from the People's Court litigation.
 
"Aging compensation claims for State compensation of two years from the time of state organs and their staff in the exercise of authority to act has been determined by law shall be calculated from the date of violation. Case,air max pas cher, the application does not exceed Mr. dry aging." He said.
 
Liu Lin told reporters that state compensation to pay compensation as the main way. Property can be returned or restitution, shall be returned or restitution.
 
If reparation is a return of property, as long as the involved real estate ownership is still vested in Mr. dry all you can; if you can not return the property,http://www.tradersshop.com, you will need housing authorities involved in the case were identified, confirmed that the amount of compensation based on identification of prices.
 
Edition text / Yan Fu in the new red intern Goal Orientation
 
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