Recently, the Jianghai Court, together with the staff of the Jianghai Branch of the Jiangmen Municipal Public Security Bureau and the Waihai Sub-district Office, successfully completed the task of vacating and delivering 27 acres of land after 8 hours, and concluded a land dispute case that lasted for 6 years.
In April 2016, the plaintiff and Zhu Mouquan signed the Land (Fish Pond) Entrustment Management Agreement (hereinafter referred to as the "Agreement"), stipulating that the plaintiff would be located in a land area of 350 in Jiangmen High-tech Zone247 acres of land (including the above-mentioned expropriated land) was entrusted to Zhu Mouquan for temporary management.
The Agreement indicates that during the period of temporary management of the plaintiff's land (fish pond), the plaintiff agreed that Zhu had the right to carry out short-term farming activities on the land, and if the plaintiff needed to recover the land for development and construction, Zhu had the right to unconditionally return the land entrusted to the plaintiff within three months from the date of the plaintiff's request. After the signing of the Agreement, Zhu Mouquan paid a performance bond of 200,000 yuan to the plaintiff in June 2016, and the plaintiff handed over the above-agreed land to Zhu Mouquan for use. Subsequently, in the process of using the above-mentioned land, Zhu Mouquan handed over 27 acres of the land and fish ponds to the defendant Yu Mouzhen for use.
In September 2017, the plaintiff issued a Notice of Land Resumption to Zhu Mouquan, requiring Zhu Mouquan to transfer 350The 247 acres of land were returned to the plaintiff for use, but Zhu's rights were not fully performed. In August 2019, Zhu Mouquan was detained for a criminal offense and was subsequently sentenced, resulting in the plaintiff not being able to obtain direct communication with Zhu Mouquan.
Until April 2021, after the plaintiff contacted and communicated with Zhu Mouquan, Zhu Mouquan issued a "Letter of Commitment" to the plaintiff, stating that "I agree to terminate the management agreement with your company, because I leased part of the land to others during the management period, except for Yu Mouzhen, who still occupies 27 acres of land, the users of other lands have been withdrawn, and the relevant land has been recovered by your company." ”
In 2021, the plaintiff sued Yu Mouzhen to the court, and the court ruled that Yu Mouzhen should return 27 acres of land (fish pond) to the plaintiff in accordance with the law. After the judgment of the case, the plaintiff repeatedly asked the defendant Yu Mouzhen to return 27 acres of land (fish pond), but the defendant Yu Mouzhen never returned it.
This year, the plaintiff applied to the Jianghai Court for enforcement. The enforcement cadres and police interviewed Yu Mouzhen many times, and asked Yu Mouzhen to vacate within the time limit through various forms such as interviews, ** notices, and posting vacate notices on the spot. But every time, Yu Mouzhen delayed and neglected to perform for various reasons.
Since the land is an important piece of land to be developed in the jurisdiction, in order to ensure the smooth development of the project, the Jianghai Court decided to enforce the 27 acres of land (fish pond).
Considering the large area of the land (fish pond) involved in the case and the complexity of the enforcement situation, in the early stage, the executive officers of the Jianghai Court conducted several on-site investigations, and set up a leading group jointly by the District Public Security Bureau, the Waihai Sub-district Office, the District Health Bureau, the District Power Supply Bureau, the District Water Affairs Bureau and other departments, and formulated a detailed implementation plan for pumping, fishing and other links, so as to prepare for compulsory enforcement.
The vacating fish pond is very special, and it is necessary to ensure the survival of the fish fry and ensure the legitimate rights and interests of the person subject to enforcement. "During the preparation for the vacancy work, the relevant person in charge of the Jianghai Court Executive Bureau told him many times.
On December 15, the Jianghai Court, together with the staff of relevant units, came to the land (fish pond) involved in the case. Due to the large area of the fish pond, the enforcement police took the initiative to contact the local farmers to help Yu Mouzhen catch the fish in the fish pond. Under the on-site witness of the notary public, after 8 hours of intense busyness, the executor counted, registered and moved the property of the person subject to execution around the fish pond.
Thus, a six-year land dispute came to a successful conclusion. The vacancy successfully solved the three problems, the lease contradiction between Zhu Mouquan and Yu Mouzhen was resolved, Yu Mouzhen's fish fry were saved, and the project construction started.
Southern ** reporter Zhang Yongyu correspondent Wu Xiaolin.