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covered with moss. 11-story building is the former Haifeng Yifeng city landmark

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发表于 2015-5-8 00:39:51 | 只看该作者 回帖奖励 |倒序浏览 |阅读模式
Business owners say the courts to enforce the parties involved in illegal auctions, Shanwei Intermediate People's Court denied
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□ Nanfang Daily reporter Hu Yamei column
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Interns Chenya Juan YANG group
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Windows broken, dust everywhere. Pair of stone lions abandoned foundation, after the storm, covered with moss. 11-story building is the former Haifeng Yifeng city landmark, but now it has not been re-opened as a schedule.
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Yee Fung Building this genus labor Feng Haifeng Industrial Trade Company (hereinafter referred to as "labor Feng Company") under the name of the property, Pengcheng Zhong is the company's legal representative. Nine years, since the implementation of a case, in addition to Yee Fung Building,http://115.29.240.134/bbs/home.php?mod=space&uid=10882&do=blog&quickforward=1&id=1008890, Pengcheng Zhong has also been seized other property, long-term vacancy.
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Pengcheng Zhong believes that implementation of the alleged illegal sale and doubts. Shanwei Municipal People's Procuratorate (the "Shanwei Procuratorate") investigation, since August 2004, has repeatedly to be responsible for the implementation of Shanwei City Intermediate People's Court (hereinafter "Shanwei Intermediate People's Court") is sent a letter, that the illegal auction is the case, should be corrected.
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However, to date, Shanwei Intermediate People's Court has been no substantive response,http://bbs.dongfeng.net/home.php?mod=spacecp&ac=blog&blogid=,jordan basket femme, but expanded the scope of Pengcheng Zhong seized property, and no signs of thawing.
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Auction was party questioned
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"Auction afternoon, I endured not the toilet, did not see anyone come to auction, the Lin Xiaoping came out from where."
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Executive case stems from a civil dispute. In 1999, the labor bureau Feng and Haifeng Haifeng County Post generated sales contract due to litigation, the case by the Court of Shanwei, Guangdong Provincial High Court trial two. August 2002, the Guangdong Provincial High Court of Final Appeal ruling, the labor bureau Feng Haifeng return, post offices 12.5 million yuan, plus related payments balance, a total of about 11 million yuan.
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In order to perform, Shanwei Intermediate People's Court sealed labor abundance company's real estate. After verification, the property includes 10 seized 26 sets of real estate,scarpe nike, a dormitory, Yee Fung Building and affiliated sites, together with other land, totaling 6612 square meters of land use rights of since frozen.
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Subsequently, Shanwei Intermediate People's Court entrusted Haifeng auction auction will be held, the seizure of the subject matter and ancillary facilities auction. The first three were unsold. November 15, 2002, Haifeng auction house "Shanwei Daily" published the 4th auction announcement.
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For the courts to auction, Pengcheng Zhong no objection. November 22, 2002, the auction will be in the afternoon, my heart is not practical Pengcheng Zhong came to Haifeng County auction, to auction witnessed the whole scene.
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said: "Until the day around 15 o'clock,louboutin sito ufficiale, Haifeng auction manager  to come to work, do not see a person I participate in the auction and  line 3, the business portion of the main  silver while others drink tea and chat,http://zgxsd.8014.com/thread-2973111-1-1.html, while. wait bidders. However, until 17:45,air max 90, the auction house to go to work time has elapsed, bidders did not come. "
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However, to  not convinced that the November 29, 2002 afternoon,http://ziyoso.com/zhidao/question.php?qid=553618, Shanwei Intermediate People's Court sent to  [2002] Shanwei Intermediate People's Court Zhi Zi No. 090 ruling (the "090 rule"), said: Property to be auctioned "by the  other 26 people with 4.65 million yuan bid income", "auctions valid", "real estate and other property owned by the  26 people." "Auction afternoon, I endured not the toilet, did not see anyone come auction, but no auction will be held, this is where Lin Xiaoping came out?" Pengcheng Zhong grew more and more puzzled. The same day, labor Feng Shanwei Intermediate People's Court to raise objections, but received no response.
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After that, Shanwei Intermediate People's Court ruled that execution is still in accordance with No. 090. Shanwei Intermediate People's Court also issued separately to Haifeng County Construction Bureau, Land Bureau to assist the implementation of the notice, asked the two departments with the transfer of ownership of real estate will be auctioned to the other 26 people  name.
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In desperation, March 25, 2004, appeal to the labor Feng Shanwei Procuratorate.
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Procuratorate that the auction invalid
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Auction Staff members shall not participate as bidders, the auction organize themselves or entrust bidder bidding auction pursuant Procuratorate considers invalid
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Shanwei Procuratorate Feng reflects the labor situation very seriously, prompt investigation.
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In the transfer of Haifeng auction records, inquiries about the bank account, after the ownership of land and housing, Shanwei Procuratorate said: Haifeng auction house auction in violation of the relevant provisions of the "Auction Law", No. 090 main facts identified ruling indeed there is an error, and therefore on August 20, 2004 letter to the Shanwei Intermediate People's Court, that "proposal to be corrected."
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Shanwei procuratorate found that: According to the "Auction Notice" and "Auction Notice" issued Haifeng auction, participate in bidding must be in before the auction (ie before at 15:00 on November 22, 2002) to 500,000 yuan as the bid deposit deposited in an account designated by the auction house. But the bank account information display,http://ihotmom.com/home.php?mod=space&uid=39112, time deposits Lin Xiaoping is at 16:28:51 on November 22nd, 2002, more than a predetermined time; and  deposit accounts are auction cashier Cai personal account, not auction designated account. Accordingly, Shanwei Procuratorate that the case  not have qualified bidder, the auction house will Haifeng labor abundance to  real estate auction company, in violation of the auction process.
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Shanwei Procuratorate also found Haifeng auction business portion of the main  silver lived in Block A of the seventh auction property on its offer of payment receipt, fill in the name is Chen Hong of silver. The "Auction Law" Article 22 stipulates that the auction staff shall not participate in their own capacity as bidders in the auction sale or commission bidders bidding. Accordingly, Shanwei Procuratorate that behavior also led to Chen Hong silver auction invalid.
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Recently, the Nanfang Daily reporter field survey found that the sale of real estate in the cell door "household water and electricity this month payment information", the first 7 Block A house is also displayed as a column headed "Chen Hong of silver."
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Haifeng admitted auction, the auction will be the same day, Lin Xiaoping to make their own auction is subject Linshun Han and other 26 people to participate in bidding jointly commissioned real estate,http://home.ejiangtang.cn/space.php?uid=1043085&do=blog&id=13186550, such as competing, must apply for certificates of title in the name of 26 people. Lin Xiaoping did not provide the 26 identity cards and power of attorney.
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For seven years, Shanwei Procuratorate on illegal auctions repeatedly issued recommendations to the Shanwei Intermediate People's Court, but the latter consider themselves not errors.
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Shanwei Intermediate People's Court that: deferred payment bond auction, bidders remain eligible bidders, a 50 million yuan deposit auction has played the main role in the actual guarantee. Why put money into private accounts cashier auction? Its identity Haifeng auction explanation: "This is corporate practices, personal accounts faster, if there are any problems, convenience refund." Article 7 A houses is Chen Hong of silver to pay for his mother yellow cotton, Chen Hong, accompanied by silver just live. 26 people involved in real estate bidding.
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Shanwei Intermediate People's Court also said: due Shanwei Procuratorate auction of property rights and the auction process different point of view, the evidence collected is different, so the case has not made final disposal.
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Court expanded the scope of implementation
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Parties to business owners is very puzzling: "Originally execution case only 11 million yuan, and why it was not so much property seized me?"
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to Nanfang Daily reporter said: "The case for an own auction, I continue to reflect to the authorities but the strange thing is, Shanwei Intermediate People's Court not only active correction, also repeatedly expand the scope of implementation, seized me several times in the return value. property paragraph. "
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February 21, 2006, Shanwei Intermediate People's Court again closed down labor Feng company is located in prime locations --- Haifeng county land through the city bus station next to the highway loess ridge of 3837 square meters. Following the March 1999 Shanwei Intermediate People's Court seized land use right and buildings on the ground Yee Fung Building, Shanwei Intermediate People's Court in succession to No. 092, No. 093,ciondolo tiffany, No. 90-3, No. 90-6 and other civil ruling, the above Continue seized property.
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So far, Pengcheng Zhong seized land area over 10,000 square meters. According to the Shanwei Intermediate People's Court entrusted the asset appraisal firms and other units assessed all property  was closed down at the time valued at $ 40 million yuan. Today, the market price has reached 100 billion yuan.
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Almost all of the property has been seized, full of hope bigger and stronger enterprise Pengcheng Zhong deeply could not move. He was very puzzled: "It was only 11 million yuan of the implementation of the case, and why it was not so much property seized me?"
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Last year, the Court was concerned draft implementation negative business owners
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■ it has been claimed
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Faced with doubts execution case,http://www.wmkhome.com/v21/forum.php?mod=viewthread&tid=2570950, Pengcheng Zhong continue to petitions. December 1, 2010, Shanwei Intermediate People's Court has renewed implementation of the draft, but  considered highly unreasonable, it is denied. When the Nanfang Daily reporter,http://www.xiaofanpu.com/news/html/?455451.html, Shanwei Intermediate People's Court, said the leadership "is being properly handle the matter", but as of press time Nanfang Daily reporter, has not issued a let parties have recognized the implementation of the program.
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An execution case dragged on for years, in addition to a large number of assets are set aside, there are some innocent people were implicated. Shanwei Procuratorate investigation that Shanwei Intermediate People's Court entrusted the subject of the auction, not all belong to labor abundance of corporate property, which involves state-owned property and other collective property, and therefore does not have full disposition.
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An execution case, suffer multiple parties, we are looking forward to a fair and reasonable argument.
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