talking about 13 years litigation experience, Song Limin tears.
30 万元 housing actually looks Development Corporation (hereinafter referred to as the dollars. But the Service did not get the land for the contract management department for approval.
later, the two sides signed a supplementary agreement, the development company responsible for building the street from the store works, the right to use after the completion of naturalization Service, to be developed at the company to service delivery of full payment as scheduled, the developer has the right to recover the right to use the portal. If an agreement is terminated, the development company owned by the presence on the ground Service.
Recreation Palace Development Corporation signed an agreement with the west, the presence of the ground by the Qiaoxi Recreation Palace construction is completed 14 store room. Recreation Palace and the west area was the second Construction and Installation Company (the
but the main project is completed, Recreation Palace refused to pay engineering quality problems. Second, the Recreation Palace was built then taken to court, requesting support for projects and damages owed.
1997 年 1 9, Xingtai Shiqiao Western People's Court ruling, found the main project qualified, decree Recreation Palace construction costs and will pay a penalty of 12 million yuan.
both parties have not appealed the case to enter the program. Xingtai, Hebei Province headquarters courts to auction the auction has closed down 14 of the store room of ownership for public auction, Song Limin made by 30 million to buy the 14 authorized stores room.
However, when Song Limin auction held to receive confirmation when the auction house from the store, found that housing has been occupied Xingtai Yatai Furniture City.
the original, as early as March 1, 1997, Service to the people's court to the west zone, to terminate the lease contract and development company. April 2, 1997,
盗贼偷走大货车2吨牛皮 车主背负50万债务, the Court (1997) Judgement W Chu Zi No. 106 (hereinafter referred to as
decision into effect,
Tods womens shoes, the service is October 18,
Tod's women's shoes ,Tod's women's shoes Coal mine boss accu, 1997 and the Furniture City, the site lease contract signed, but did not contract out of money.
this way, the Service is not a penny to put away the rent, and Song Limin house to spend 30 million bid was admitted to the others.
into action cycle
this portal in the end of the 14 who owns, Service and Song Limin each playing a marathon lawsuit. 13 years, there have been 18 judgments and decisions, but it has remained open.
1997 年 12 25, Song Limin also to the west of district people's court to require delivery of auction items and auction real estate procedures, compensation for economic loss, shall be ordered to return the illegal occupation of Furniture City real estate.
for Service Development Corporation v. leasing business contract dispute after several judgments, Song Limin lawsuit to return the property is also dragging its feet.
Service dissatisfied, then filed an appeal, Xingtai Intermediate People's Court on January 12, 2000 made a final ruling that the Service without the approval of land management and change management projects of the original, letting the state-owned transfer land, not for land use right transfer procedures and the delivery of land use right transfer fee, contrary to the provisions of relevant state policies, with the development company signed lease contract. Void the contract is the Lessor responsible party, but the ability for the lessee to pay rent if user fees,
6人在长途车上骗走20余名乘客3000元, and complete commitment to the agreement will not have to lead to a number of disputes, this is sector, should assume the responsibility of Shi Cha. Losses on the other 14 stores in the case of separate ownership of housing solution. Finally, rejected the appeal and upheld the original verdict.
this point, the Service Development Corporation v. leasing business contract dispute to an end.
2000 年 8 18, west of District People's Court ruling on the Song Limin case. Court, after hearing that auctions legally in force, ignoring the Court Service January 9, 1997 has been seized and the fact that the auction is still rented to Furniture City, not invested in the case of rent, benefit tort behavior, 14 should be returned to the Song Limin store room, and press return to the Song Limin 21,000 yuan per month rent.
Song Limin thought that they could get back their own houses, did not expect, the service at the Xingtai Intermediate People's Court of Appeal. In the second instance during the development of the service at the company's leasing operations v. contract dispute into the retrial, the court ruled that the case of suspension of proceedings Song Limin. Song Limin once again began a long wait.
the case of service by the Office of Hebei Province High People's Court ruled that retrial after the July 12, 2001, Xingtai Intermediate People's Court of Final Appeal upheld the original decision again.
2003 年 12 26, Hebei Provincial High Court case on the Service, for arraignment. January 15, 2004, Hebei Provincial High Court ruled that the original verdict found the right lease contract is invalid, identified the ownership of 14 stores have been Lingan hearing room properly, Lingan hearing room for the works of the dispute, not a property dispute. Decision to withdraw the case after the verdict, Service development company 103,000 yuan and the return of 3.5 million books, 14 outlets in the Housing Development Corporation returned by the Service, Service, Cost Housing Development Corporation shall pay 12 million yuan.
the sentence on the Song Limin no mention of competing property rights obtained.
Song Limin against a complaint. November 11, 2005, west of recovery trial court ruled on the case.
case then went back to square one.
in the end who is to blame
The Service believes that, based on 106 judgments, they and the development of the company's lease contract has been lifted, store room 14 by the Service the money back. But then delays in implementation, is illegal because the court room of the store were auctioned. 'I do not know the basis for the court to make such finds what is. itself is illegal, invalid, as Recreation Palace with the construction project payment dispute between the companies, not through the auction of the property does not belong to them to solve. Department believes that ratification of the auctions even if valid, then 30 million auction price as they should all go Services, paid by the Service Team building construction costs, the Court has no right action that 30 million purchase price.
1999 年 1 20 January, Hebei TV news angle part of Xingtai City District Du Chashi west to understand this, west of the Court responded that the auction behavior is civil law court in accordance with the implementation of procedures, legal and valid.
2010 年 2 3, Song Limin v. headquarters in Xingtai, Hebei Province auction auction house, Xingtai Yatai Furniture City, Xingtai City Department of Cultural Affairs Service, real estate auction disputes further hearing. Song Limin put forward for the auction house and the Yatai Furniture City and the Cultural Affairs Department, the three parties to fulfill service obligations and compensation for the delivery of property damage caused to the plaintiff.
auction house court reiterated that its auction of conduct,
Tod's women's shoes, commissioned by the court, and has completed all the procedures for the auction, the auction conduct legal and effective, there is no procedural errors, the obligation to deliver property should be completed by, So the auction house should not be held responsible.
Furniture City, said the war in its possession and use of premises, complaints, according to the Department of Cultural Affairs Service of the lease contract and pay a reasonable rental, there is no fault, and do not know the complaint was closed down and the property dispute the fact that the auction, it should not be held responsible.
plaintiffs agent that the auction house auction, the failure to make timely transfer of the subject property to the buyer the plaintiff, the plaintiff has not submitted to the approval of auction procedures for real estate related, so the plaintiff can not complete the transfer, resulting in In the absence of delivery of property under the premise of the plaintiff, was Yatai Furniture Service and Bureau of Cultural Affairs City of possession and use, its response to the above-mentioned acts.
and Yatai Furniture City as a lessee, its possession and use of the property is seized by the court in the state of completion, with Services and delivery of the contractual relationship between the behavior is collusion damages the plaintiff rent interest, therefore, should work together to compensate the plaintiff's loss.
the present case has not yet sentenced.
drift, caught up in endless litigation. whose fault is it in the end, how should I do?
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