汽車旅館論壇

 找回密碼
 立即註冊
搜索
熱搜: 活動 交友 discuz
查看: 261|回復: 0
打印 上一主題 下一主題

YsIH36W5zJ

[複製鏈接]

17

主題

17

帖子

97

積分

註冊會員

Rank: 2

積分
97
跳轉到指定樓層
樓主
發表於 2015-7-3 02:55:20 | 只看該作者 回帖獎勵 |倒序瀏覽 |閱讀模式
Because of debt dispute has been seized two foreign court, Paul Malay auction Sanya City hotel.
A building, because of debt disputes has been seized two foreign court auction. "Gates of fire, adverse impacts to fish." Damaged the interests of the relevant government departments as well, because it was the court penalties innocence.
 
Such strange things happen in Sanya City, Hainan Province.
 
The building is called "Paul Malay Hotel", 5 floors, covers an area of 600 square meters, from the market 18 years ago, less than 3 million yuan rose to today's tens of millions.
 
This dispute after 18 years since the implementation of the Supreme Court five times coordination, so far unfulfilled.
 
Who's wrong?
 
A building has been two court auction
 
March 1995 18 years ago, because Paul Malay Hotels debt, Guangxi Zhuang Autonomous Region, Nanning City Intermediate People's Court (hereinafter referred to as "the Nanning Intermediate People's Court") to Sanya City real estate management service "to assist the implementation of the notice" requirement Malay seized Paul hotel.
 
January 1997, Xinjiang Uygur Autonomous Region, Urumqi Shayibake District People's Court (hereinafter referred to as "sand district court"), again due to another case seized Paul Malay hotel.
 
Therefore, before the implementation of Sanya City, the separation of premises registration system, land Paul Malay otherwise use the main hotel, the two court seized is only property on the ground.
 
While in the hospital seizure  sand District Court late last two years, but the sand district court was the first to auction the Paul Malay hotel. July 8, 1999, Paul Malay hotel sand district court in the auction is organized Sanya Island Industrial Development Co., Ltd. (hereinafter referred to as "Island Company") 276 million price competing.
 
Auctioneer and auction contract in accordance with the company reached the island, the island should be paid to the company within 15 days after the transaction price auction party,http://www.lundsys.com/forums/activity, such as breach of contract, in accordance with "Economic Contract Law" since (October 1, 1999 repealed the "Contract Law "On the same day began - Reporters note)," Auction Law "and other relevant laws and regulations.
 
March 2000, the sand district court re-opened the real estate sector requires Sanya Lu Malay hotel, will transfer to the island hotel company. But the island has not paid the auction price of the company at this time, until November 11, 2004 Guangxi Zhuang Autonomous Region Higher People's Court (hereinafter referred to as "the Guangxi High Court") auction again Malay Paul Hotel, Island company paid only 20 bond auction million, until June 16,http://www.chinesehakka.com/home.php?mod=space&uid=94228, 2011, the island was the auction company shall pay together.
 
In the same year, the Guangxi High Court alerted the sand district court seizure, auctions and other acts, the court seized two perform the same subject matter to the performance of dispute, Guangxi and Xinjiang Higher People's Court reported that the Supreme Court (the "Supreme Court") coordination. The following year, the High Court in Guangxi Nanning Intermediate Level Execution mention of Paul Malay hotel closed down, in September of that year continued appanage Malay hotel.
 
Dispute upgrade. November 5, 2002, the Supreme Court of the Executive Board to make a clear answer, the answer boils down to three points,http://onigdesign.com/error.html, one Nanning court first seized Paul although Malay hotel, but because of the Sanya real estate management sector oversight,http://www.110.ne.jp, did not follow the provisions of the Paul Ma Second District Court in taking sand seizure, auction Loc Malay hotel until delivery to handle transfer of property rights and other legal formalities enforcement measures; seizure to the hotel register, the seizure did not play a public role, and thus can not be sealed against the other courts I do not know has been in the hospital in Nanning be thoroughly sealed, there is no subjective fault repeat seizure,http://www.zx9999.cn/news/html/?39757.html, seizure visible sand District Court and the implementation of the payment of a legitimate and effective; the third is in the sand district court previously known Nanning Intermediate People's Court has to Lu Malay Hotel seizure case, it should not proceed, Nanning Intermediate People's Court shall perform the remaining funds according to law.
 
But after the November 11, 2004, the Supreme Court two years to respond to both the High Court, the High Court in Guangxi Lu Malay hotel will entrust the whole auction, 250 million yuan turnover, auctioned to Sanya resident Li Ying.
 
Sanya has been in place at this time the premises of one of the real estate registration system, so Li Ying Qi paid to the court after the auction price, the need to Paul Malay hotel landowners west of Sanya City Administrative Committee shall pay the land transfer nearly 114 million, paid to the department of land land transfer of 46 million yuan, and ultimately made a hotel Loc Malay land and housing ownership certificates in July 2007.
 
November 20, 2009,http://sideviews.at.webry.info, Li Ying Lu Malay hotel will land and housing ownership certificates mortgage guarantees,hollister, Zhang Shou, four people to 15.85 million yuan loan, the loan in Sanya mortgage real estate department for registration.
 
Sand district court auctioned Paul Malay hotel, Guangxi High Court why they conducted an auction? The book explains the Guangxi High Court ruled in its associated, after the Supreme Court decided to implement the remaining funds from the Guangxi High Court, Sha District Court in January 6, 2003 the Company sent a letter to the island auction price required to pay the remainder to the High Court of Guangxi, Guangxi High Court in December 2003, August 2004, please pay the remaining two islands auction company payments to providers, but the company refused to either deliver the Guangxi High Court also refused to pay the remaining balance to the sand district court. "In view of the island in buying refuse to pay the remaining amount by Paul Malay hotel after the auction, the subject matter is not yet obtained ownership", the Guangxi High Court in accordance with the relevant laws and sand district court ruled that the first auction, "unsold" and execute Paul Malay hotel for auction again according to the law.
 
The Supreme Court repeated coordination
 
However, the High Court of Guangxi Lu Malay hotel auctions not only not been recognized by the Supreme Court, but was severely criticized, but has been criticized along with sand district court.
 
The first sentence that is January 8, 2009, issued under the Supreme Court of the Executive Board of the High Court two autonomous regions (2007) Executive Co word document No. 3 states that "in the implementation process, both the Court and the implementation of a dispute This should continue to coordinate the handling of the report in our hospital. "
 
The document severely said: "But the two courts are neither fit nor report relevant information to our hospital more seriously, Guangxi Zhuang Autonomous Region Higher People's Court in knowing the subject matter of the dispute has been executed in Xinjiang court auction and the hospital. recognized under the above correspondence is valid, the subject matter of re-sale, resulting in the current 'one room two sell' serious consequences, should bear the primary responsibility. "
 
The Supreme Court instructed the two court documents communication and consultation, properly handle, otherwise it will be severely dealt with according to relevant regulations. But the document does not explain why the Guangxi Higher People's Court of auction invalid.
 
In December 2010, the Supreme Court sent a letter to the Executive Board at the third two High Court, the High Court once again clearly Guangxi should bear the primary responsibility for its own High Court ordered the revocation of the Guangxi auction and transfer decision and clear the Guangxi High Court responsible for dealing with the aftermath; while clearly Xinjiang Higher People's Court supervision sand island district court auction company collected money, Guangxi High Court to pay its creditors involved, Paul Malay hotel will change the company name to the island.
 
Coordination letter of the Supreme Court continues to affect the fate of Paul Malay hotel. March 1, 2011, the Guangxi High Court overturned the hotel before their own auction Loc Malay ruling, Li Ying to auction 2.5 million yuan paid by the Guangxi High Court returned, and Li Ying is always rejected.
 
Swivel been objections
 
Guangxi received the High Court ruling, Li Ying surprised inexplicable, then raise objections. Li Ying think that they are obtained from the court according to the law in good faith,abercrombie pas cher, according to the law have housing property, and has nothing to do with the auction house's land rights, is entirely their own otherwise lawfully obtained, now swivel, should now enjoy by law to obtain compensation for the value of the property, and not returned at the time to pay the auction price. Court requires land rotation completely illegal, firmly rejected the law.
 
China Youth Daily reporter found,http://www.lager.co.jp/blog/sb.cgi, Guangxi High Court August 17,air jordan femme pas cher, 2011 to protest the ruling Li Ying hospital when the first number is the objection to execution ruling, ruling the dispute to list both the Court and in particular a separate paragraph wrote: According to the investigation, March 7, 2000 Sand District Court to Sanya City, the property management department served a "assist in the implementation notice" to require the transfer of real estate to the island to assist the company, but the company delivered only buyer island bond auction 750,000 yuan (550,000 yuan return later, actually only paid 20 million), and the remaining money has not delivered the auction. Despite sand district court and several recourse Nanning Intermediate People's Court, the company still refuses to deliver the island.
 
Ruling finds invalid Li Ying auction participation is under the coordination of the views of the Supreme Court, the High Court in Guangxi That auction again without consultation,boutique louboutin paris, resulting in "a room two to sell," so the auction invalid.
 
In this regard, Li Ying think, Guangxi High Court ruled out, defining their legal rights; swivel does not apply to bidders, such as damage caused by Li Ying shall apply for state compensation; swivel Li Ying will be legally established mortgage and rental rights and the renovation of housing for the renovation cause great damage. But Guangxi High Court said, "the objection grounds can not be established."
 
Guangxi High Court also specifically pointed out that the High Court in Guangxi auction is Paul Malay hotel housing property, not related to land use rights, it is Li Ying claims that it has acquired the complete real estate property rights, legal rights and interests should be protected by law is not a case of appeal scope of the review.
 
"Ball" kicked back to the Supreme Court. May 24, 2012,http://chaos-file.jp/bbs2/bbs.cgi, the implementation of the Supreme Court ruling in Li Ying review book that disputes involving Paul Malay hotel has reviewed and qualitatively, it may not be a hearing. Li Ying, although commissioned by auction bidding auction Guangxi Higher People's Court, but it should be understood that other courts have prior auction, the bidder knows the subject matter of the second auction still participate in bidding for the results of the auction shall bear revoked, can not be identified as Good.
 
"Swivel apply not only to the case of executing the wrong basis, the same applies when an illegal act in the course of corrective Guangxi High Court to set aside in accordance with the Court's error auction to perform the turning correction,louboutin femme pas cher, not improper." This means that the Supreme Court finds that the Guangxi Higher People's Court during the execution of the existence of the violations, and Li Ying can only bear the consequences themselves.
 
Newspaper Haikou August 28 power
 
Related Articles:
 
Sanya, the two departments were heavy penalties innocence
 
(Original title: Who is in charge of Sanya, a hotel two sold)
回復

使用道具 舉報

您需要登錄後才可以回帖 登錄 | 立即註冊

本版積分規則

Archiver|手機版|小黑屋| 汽車旅館網  

GMT+8, 2026-5-8 07:50 , Processed in 0.044353 second(s), 23 queries .

Powered by 104mm! BBS X3.2

© 1999-2015 104mm.com

快速回復 返回頂部 返回列表