The two companies have been entangled in the housing sales contract for ten years, and the amount involved in the lawsuit is as high as 5500 million yuan. At a time when it was at a loss, the Guangxi High People's Court insisted on active justice and resolved 11 series of cases in a package
Peel off the cocoon and sort out the old accounts, and ten years of grievances finally broke the ice
The weather is getting colder, the love is getting stronger, and the heart is getting warmer.
On November 22, in a shopping mall in Xixiangtang District, Nanning City, Guangxi Zhuang Autonomous Region, it was crowded with people and lively. Manager Xie of the legal department of the commercial retail company is in a good mood today, and he is responsible for the resolution of a ten-year-long dispute. "Fa Yurun Qi lowered Ganlin, and mediation broke the deadlock in the lawsuit. Manager Xie was delighted and very emotional.
Also overjoyed, there is also Director Wei of a real estate development office in Nanning, "The court took the initiative and worked tirelessly, and finally resolved the contradiction through nearly a year of hard work and helped us regroup!."”
Concise and to the point, short and long. The two companies, which have been entangled for nearly ten years, are now full of enthusiasm and starting anew.
Since the dispute, ten years of litigation has been a long road.
What exactly happened to the two companies?Why has it been entangled for nearly ten years?It all started 12 years ago.
In 2011, the commercial retail company signed two contracts for the sale and purchase of commercial housing with the real estate company, and the real estate company purchased about 560,000 square meters of real estate for the opening of shopping malls, the contract amount is about 74.9 billion yuan, and at the same time, it is agreed that the commercial retail company will pay part of the purchase price first, and pay the remaining 76 million yuan within 20 working days from the date when the ground parking building of the shopping mall is completed and put into use, and the house ownership certificate is obtained.
In 2014, after the mall was completed, the commercial retail company did not pay the remaining purchase price because it did not obtain the title certificate. As a result, the real estate company proposed to terminate the sales contract, but the commercial retail company did not agree to terminate the contract, and the two parties went to court. In the end, the court ruled that the real estate company's rescission was invalid.
At this point, the two sides embarked on a long road of litigation.
Since 2014, in the process of contract performance, there have been disputes between our two parties over the property rights of the house, the payment of the remaining house payment, the delivery of facilities and equipment, etc., and there have been 11 series of cases involving the principal, liquidated damages, maintenance costs, execution, etc., and the subject matter of the lawsuit is as high as 5More than 500 million yuan. Manager Xie said.
Entangled, the relationship between the two sides is rigid, and it enters the "freezing period".
In 2017, the real estate company filed a lawsuit with the court, requesting the commercial retail company to cooperate in dissolving the account co-management and paying liquidated damagesIn 2018, the real estate company filed a lawsuit with the court on the grounds that the commercial retail company's default on the balance of the purchase constituted a breach of contract, requesting the commercial retail company to pay the interest loss caused by the default on the balance of the purchaseIn 2020, the real estate company applied to the court to order the commercial retail company to pay it the balance of about 76 million yuan ...... the purchase priceFrom 2019 to 2022, the courts at the two levels in Nanning repeatedly ordered the commercial retail company to pay the remaining purchase price to the real estate company.
The above-ground parking building of the mall has been completed and put into use, and the facilities and equipment have reached the normal use state, and the house ownership certificate is due to the commercial retail company's own problems, and this responsibility should be borne by themselves. The real estate company thinks.
We didn't get the title deed, we didn't meet the conditions of payment in the contract, we didn't breach, it was impossible to pay the purchase price. "The commercial retail company was not satisfied, and the retrial and second instance of the dispute over liquidated damages in the housing sales contract and the balance of the purchase of the house were respectively brought to the High People's Court of Guangxi Zhuang Autonomous Region.
Small incisions, fixed points to stop disputes, and resolve disputes.
No, we don't accept mediation. ”
We also do not accept mediation. ”
In March this year, the Guangxi High People's Court heard the case of a dispute over the balance of the purchase of a house sale contract. In court, both parties were resolute.
It is easy to make a judgment, but if the judgment of first instance is upheld, even if the real estate company gets the balance of the purchase price, it does not actively cooperate with the commercial retail company to apply for the house title certificate, and the commercial retail company has even less hope of applying for the house title certificate. Zhang Fang, vice president of the First Civil Division of the Guangxi High People's Court and presiding judge, said that if the judgment is changed to reject the real estate company's claim to require the commercial retail company to pay the balance of the purchase price, according to the principle of non res judicata, in the absence of new evidence, the real estate company will not be able to sue again, and it will be far away if they want to get back more than 76 million yuan.
Only by solving the problem of handling the property right certificate can the dispute between the two parties be truly resolved. Therefore, after deliberation with the collegial panel, Zhang Fang determined the idea of coordinating the handling of the property right certificate while mediating, and the two lines of trial at the same time.
However, after nearly a decade of litigation, the two parties have a deep grievance, and it is not easy to resolve the dispute.
I hope that you can put aside your prejudices, actively cooperate, put the problems out one by one, and we will discuss how to solve them, and I believe that our court will enable you all to get rid of the burden of litigation and move forward lightly. In order to bring the incompatible two sides back to the negotiation table, Zhang Fang communicated with the heads of the two companies respectively, talked about the merits and interests, listened to their needs, dialed and answered more than 100 times, and replied to more than 1,000 WeChat and text messages.
Sincerely, the gold and stone are open. Through the unremitting efforts of the judges, the resistance between the two sides gradually decreased, and their hearts were opened. The commercial retail company said that it could pay the balance after obtaining the title certificate, but did not pay liquidated damages because there was no breach of contract. The real estate company said that in addition to paying the balance, it would also have to pay part of the liquidated damages.
In the continuous communication and exchanges, Zhang Fang found a breakthrough in mediation - before this case, another case involving a dispute over the delivery of facilities and equipment in a shopping mall between the two companies had entered the enforcement procedure. In this case, the real estate company had to pay the commercial retail company more than 4 million yuan for maintenance fees, which could be used to offset part of the liquidated damages of 20 million yuan that the commercial retail company had to pay to the real estate company.
Taking this as a starting point, the collegial panel finally persuaded the commercial retail company to agree to abandon the enforcement, and no longer pursue the issue of the unusability of a certain facility and equipment in the shopping mall, and the real estate company also reduced the liquidated damages from 20 million yuan to 4 million yuan. The parties reached an agreement and the issue of liquidated damages was resolved, laying the foundation for the mediation work.
However, liquidated damages are not the root cause of conflicts and disputes. The collegial panel confirmed that the root cause of the multiple lawsuits between the two parties was caused by the same fact, that is, the property title certificate could not be processed.
When it comes to the issue of housing ownership certificates, it can only be finally resolved through coordination with the administrative department, and we should communicate with the housing and construction department and the real estate registration department. Presiding Judge He Houwei said.
It is understood that due to the earliest signing of the contract for 99 contracts, coupled with the long time, the commercial retail company has already settled in and renovated, the plan has changed, and it is now impossible to follow the original 99 commercial housing sales contracts. Previously, the housing and urban-rural development department had proposed that the 99 properties involved in the case be revoked and changed to 10 new properties. However, it takes 15 days to remove and replace, according to the normal process.
The commercial retail company believes that if the contract is revoked, the house will return to the name of the real estate company, and there is a great risk of a 15-day interval in between, and unless the real estate company can come up with a guarantee of more than 200 million yuan, it will not agree to revoke the record.
More than 200 million yuan is undoubtedly a huge burden for us, and we have no ability to come up with this fund, so there is basically no hope for doing so. Director Wei of the real estate company office said.
In June this year, the court took the lead, and the parties, the housing and urban-rural development department, and the real estate registration department held the first multi-departmental coordination meeting. The housing and urban-rural development department said at the meeting that the handling can be completed in a short time in accordance with the procedures and materials prepared in advance, and all departments will cooperate.
Through this coordination meeting, the speed was accelerated, but I didn't expect that there was a tax problem again, and the deed tax of 99 properties had been paid, but now it has been changed to 10 sets, so it needs to be refunded and paid. Manager Xie of the legal department of the commercial retail company said. Therefore, the court coordinated with the tax department and took the lead in establishing a WeChat group to communicate with each other and discuss and solve problems anytime and anywhere.
In October this year, the collegial panel held the second on-site coordination meeting, and the tax department implemented the tax refund, tax payment, ** procedures and other matters one by one, which took a key step towards achieving a final settlement.
At the second coordination meeting, Judge Zhang had a clear understanding of our dispute and understood the facts of the case very thoroughly. We were very convinced by her rigorous work style and coordination skills, and we did what she said. Zhai Deputy General Manager of the real estate company said.
Things are not difficult to do, but easy but hard. From mediation related enforcement cases to proper handling of liquidated damages, from resolving tax issues to implementing detailed procedures, the judges of the collegial panel have overcome one seemingly insurmountable difficulty after another, and solved one problem after another.
Half a year of hard work paid off, and after 4 face-to-face mediations and 2 on-site coordination meetings, the two companies finally reached an agreement. On November 16 this year, the two parties jointly signed a mediation agreement, and the two companies, which had been entangled in litigation for nearly ten years, finally shook hands.
Cooperate more, release the previous suspicions and seek development.
On November 22, in the mediation room of the Guangxi High Court, there was bursts of laughter. 10 house ownership certificates were delivered to the deputy general manager of the commercial retail company, Zhou.
So far, 11 series of cases, including the first instance, second instance, retrial and enforcement case, which have been conducted by the two companies for nearly ten years, have been satisfactorily resolved.
I am really grateful to the High Court for its strong support and the judge's dedication, once the dispute is resolved, both of us can better put into operation, and our two companies will have to cooperate more in the future!Zhai, deputy general manager of the real estate company, was relieved.
In the past ten years, our team members have changed three times, and each term has been committed to promoting the resolution of conflicts and disputes, but has not succeeded. Zhou, deputy general manager of the commercial retail company, took over the conversation and continued, "We can't imagine that this case, which has been entangled for nearly ten years, can be resolved at one time and substantively resolved this year, and the business relationship between the two parties damaged by the dispute will finally be repaired!"”
If you can both shake hands and make peace, that is the greatest support for me. Zhang Fang responded with a smile.
*: People's Court Daily.
Reporter: Fei Wenbin丨Correspondent: Lin Dongting, Liu Qiang.