Label: introduction to the case of objection to execution, reconsideration of execution, supervision of execution and payment of debts with goods I.
Huang bailing also failed to provide clues to the property available for execution.
Full text: case index: Jiangsu Higher People’s Court (2018) Su Zhijian No.
1056, which was filed for execution on May 27, 2013, and the Executees Lu nengde, Yu Xiuying and Dafeng Baolong were sealed up Yu Xiuying owned a house located under the Wutang port bridge, sealed up the property of the executed person Dafeng Baolong Biological Products Co., Ltd.
Huang bailing raised an objection to the implementation.
Xinghua court made (2017) Su 1218 Zhihui No.
The ruling rejected Huang bailing’s objection.
To sum up, Huang bailing’s application for paying off debts in kind is not supported.
129 execution ruling, failed to support Huang bailing’s request to pay off the debt with the house, and terminated this execution procedure.
II.
Land nature of the house, letter from Xinghua Bureau of land and resources on November 20, 2017: 1 The location of Lu nengde’s house is not in line with the village construction plan and the overall land use plan, so he cannot go through the land use and construction procedures in accordance with the legal procedures; 2.
The two auctions were sold off and the sale was not concluded.
The village committee does not agree to the residence of outsiders.
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It is a non-agricultural land arranged by the village collective and has no land certificate.
The villagers’ committee to which the house belongs made it clear that the house is the only living house for the whole family of the person subjected to execution.
When the Xinghua court auctions the house during execution, it can auction the property or use right on the house to other people who are also members of collective economic organizations with the consent of relevant departments..
on May 3, 2018, the Xinghua court made an enforcement ruling (2018) Su 1281 Zhiyi No.
The houses had no relevant property rights and were valued at 183100 yuan.
with a value of 400000 yuan, and frozen the shares of the executed person Lu nengde in Dafeng Baolong Biological Products Co., Ltd.
Huang bailing demanded that the real estate under the Wutang port bridge be owned by him to offset the debt.
in the case of private loan dispute between Huang bailing and Lu nengde, Yu Xiuying and Dafeng Baolong Biological Products Co., Ltd., Xinghua court made civil judgment (2012) Taixing Linmin chuzi No.
44, which held that the subject matter of Huang bailing’s request to pay off the debt in kind when resuming the enforcement was a set of houses under the Wutang port bridge, which were houses on the land of rural collective economic organizations and unlicensed houses without legal land construction procedures.
50, which held that with regard to Huang bailing’s application for paying off debts with goods, the house of the person subjected to execution was located in Baocun village, Huang bailing was not a member of the collective economic organization, and the village committee clearly expressed its disapproval of the residence and use of outsiders.
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on June 25, 2018, Taizhou intermediate people’s court made an enforcement ruling (2018) Su 12 Zhifu No.
Huang bailing, the executor of the application, agreed to terminate this execution procedure.
If the real estate is disposed of, due to planning restrictions and other factors, the proposed transferee cannot go through the land use formalities and conduct unified real estate registration.
IV.
During the execution of the case, the court investigated the property of the person subjected to execution ex officio, and found no property available for execution.
On June 3, 2017, Xinghua court resumed the execution of the houses under the Wutang port bridge owned by Lu nengde and Yu Xiuying.
The creditor’s rights enjoyed by Huang bailing as the executor are protected by law, but the realization of the creditor’s rights depends on whether the executee has the ability to perform his debts.
III.
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912 “ruling on the execution of disputes over private lending between Huang bailing and Lu nengde, Yu Xiuying and Dafeng Baolong Biological Products Co., Ltd.” (presiding judge Zhao Jianhua, judge Su Feng, judge Tang Zhirong), published in China judgment document website (20191113).
So far, Lu nengde has no legal land construction procedures, and the house of this household belongs to illegal construction; 3.
At the same time, Xinghua Municipal Bureau of land and resources made it clear that the above-mentioned houses did not obtain legal land construction procedures, which belongs to illegal construction; If the real estate is disposed of, due to planning restrictions and other factors, the proposed transferee cannot go through the land use formalities and conduct unified real estate registration.
Therefore, it was not improper for the court to make a ruling to terminate the execution procedure.
Source | statement of action for execution reconsideration and execution objection | this article is only for exchange and learning, and the copyright belongs to the original author.
