Hundreds of enforcement objection dispute cases in a small area of Yongjing County, Gansu Province poured into the Sixth Patrol of the Supreme People's Court in batches, and hundreds of other cases may be prosecuted at any time, and more than 1,000 derivative contradictions and disputes are full of hidden dangers
Housing and Housing There is a place to live, and the people finally have hope
On December 7, 2023, the heavy snow season was ushered in, and Yongjing County, Gansu Province, was full of sunshine, and the cold air arrived later than in previous years.
At 10 o'clock in the morning, in the conference room on the 10th floor of the ** office building in Yongjing County, a symposium on the resolution of the historical problems of the "Yifang Water Pavilion" commercial and residential community in Yongjing County was held. The 3 owners received the real estate property certificate on the spot, together with the 8 owners who handled the real estate property certificate in the county government hall the day before, a total of 11 owners successfully obtained the "red book" in the past two days.
With a certificate, this is the real home! When he opened the card and saw his name written on it, Mr. Yang's joy was on his face.
The sun is shining outside the window, and in Yongjing in early December, such weather is rare. Heavy snow is the beginning of midwinter, but for Mr. Yang, the owners of the "Yifang Water Pavilion" community, this winter is on the warm side.
We can't wait for the cases to flood in batches, we must sink down to investigate and find the source of the problem as soon as possible.
In June 2016, Mr. Yang purchased a new house in the "Yifang Water Pavilion" community located in the Gucheng New District of Yongjing County. After saving money for so many years, the whole family is overjoyed to finally have a house of their own. After the house was renovated, the family moved in, but the real estate title certificate of this house could not be issued for a long time.
Until 2019, a notice from the Gansu Provincial High People's Court was posted on the bulletin board at the entrance of the community. "When I saw the list on the announcement, I realized that my house had been seized by the court and was going to be auctioned. This announcement poured cold water on Mr. Yang.
I can't get a house after buying a house, but what I am waiting for is being seized and auctioned, why?
Time goes back even further. In 2011, Huanyi Real Estate Co., Ltd., the developer of the "Yifang Water Pavilion" community, borrowed money from Shirun Asset Co., Ltd. with all the land owned by the project and part of the completed houses as collateral, but failed to repay the full amount after the due date, and a dispute arose between the two parties. Later, after the first-instance judgment of the Gansu High Court and the second-instance mediation of the Sixth Circuit Court of the Supreme People's Court, it was confirmed that Huanyi Real Estate Company would repay the principal of 94 million yuan and the corresponding interest. Due to Huanyi Real Estate Company's failure to fulfill the repayment obligations determined in the mediation agreement, Shirun Asset Company applied for compulsory enforcement, and the Gansu High Court filed the case in June 2016 and ruled in July to seize the mortgaged property corresponding to the community.
Subsequently, Shirun Asset Company transferred all the creditor's rights involved in the case to Fangdun Asset Company. During the execution process, through the judicial auction of some unowned real estate in the community, Fangdun Asset Company was compensated more than 60 million yuan. However, there were still unrealized creditor's rights, and Fangdun Assets Company applied for continued auction and seizure of the property.
But follow-up implementation is not easy. There are 17 pre-built buildings in the community, and some of the buildings have been delivered after completion, and many residents have moved in.
On the one hand, Fangdun Asset Company, the applicant for execution, requested the disposal of the seized property in order to realize the creditor's rights; On the other hand, a tenant buys a house but risks losing it. Judge Liu Yongsheng (former judge of the Executive Bureau) of the Third Civil Division of the Gansu High People's Court, who is the judge in charge of the enforcement case, believes that if the house has been sold, it is easy to breed many contradictions if it is necessary to continue to enforce it. As an outsider to the case, the buyer may raise an objection to the execution of the house, and Fangdun Asset Company may file a lawsuit for the execution objection of the executor due to poor execution.
Due to the existence of private transactions, repayment of debts with project funds, etc., it is difficult for the relevant departments to provide accurate accounts for real estate registration, and the community has been seized by a number of courts, so it takes a lot of effort to find out the actual situation of the house and the actual residence of the buyer.
We inform which properties involved in seizure will be disposed of by posting announcements, so that residents can claim their rights in a timely manner after understanding the situation, inform them of the materials that need to be prepared for objections, and feel out the layout in the community building by building, floor by floor. In this way, a total of 4 announcements were posted before and after, and some residents raised objections to the implementation one after another. Liu Yongsheng talked about the implementation process and felt a lot of emotion.
Originally, I didn't know anything about the situation, and no one wanted to buy a mortgaged house, let alone get into such trouble. Knowing that the house was going to be auctioned, Mr. Yang quickly contacted Liu Yongsheng and submitted an application for enforcement objection to the Gansu High Court. After review, the Gansu High Court ruled to suspend enforcement. Subsequently, Fangdun Assets Company filed an enforcement objection lawsuit on the grounds of applying for compulsory enforcement, and the Gansu High Court rejected the lawsuit in the first instance, and it appealed to the Supreme Court.
Since mid-2022, the Sixth Circuit has received more than 110 second-instance cases involving enforcement objections involving the community. "At the beginning, a single case came to the Sixth Circuit sporadically, and then there were some similar cases, the subject matter of these cases was not large, but they were all in the same community and the same project, and the appeals were almost all about whether the house should be enforced. Everyone unanimously agreed that they should go to the community to understand the situation on the spot, and should not blindly judge the case. Luo Zhiyong, deputy secretary of the party group and vice president of the Sixth Circuit Branch, said.
On September 21, 2023, Huang Cunhong, assistant judge of the Sixth Circuit, and others came to the "Yifang Water Pavilion" community to investigate the housing situation involved in a batch of cases. "On the basis of satisfying the circumstances of having signed a written sales contract and paying a fixed price, the commercial housing used for residential use can be excluded from enforcement. We searched through the property to find out the water, electricity, heating and property fee payment of the house involved, and went door-to-door to inquire about the occupancy situation one by one. Huang Cunhong said when he went to the community for the first time.
When I learned about the situation with the residents and neighbors involved in the case, it was found that in addition to these cases that have gone to the court, many residents in the community have similar situations, some are preparing to file a lawsuit, and some are still waiting. Huang Cunhong and others are keenly aware that the current cases may only be a small part, and the follow-up cases and derivative problems are far more than that.
With these findings, on September 27, when the case was discussed and specially studied, Yang Linping, vice president of the Supreme Court and president of the Sixth Circuit, had a clear idea, because of the repayment of the mortgage claims of Fangdun Asset Company, so many disputes arose, and the interests of buyers and other parties were involved.
In accordance with the requirements of Vice President Yang Linping, we have set up a special working group with the Gansu Higher People's Court to cooperate with each other and work closely together to promote the resolution of this series of cases and dead knots that have lasted for many years. Luo Zhiyong said.
Four symposiums were held in succession to find problems, clarify directions, and guide the way, promote consensus, and promote the development of problem solving.
As soon as the eleventh holiday ended, the Sixth Circuit began to promote the matter.
On the morning of October 10, 2023, Li Wei, a first-level senior judge of the Sixth Circuit, Huang Cunhong and Liu Wenke, assistant judges, and Yan Ronghui, a clerk, came to Lanzhou to have a discussion with the personnel of the trial department and enforcement department of the Gansu High Court on promoting the handling of a series of cases involving the "Yifang Water Pavilion" community.
On August 28, 2023, all parties reached a preliminary implementation plan (meeting minutes) to solve the problems left over from the history of the community, and the plan was revised more than a dozen times, but there are still many obstacles and slow progress in the follow-up.
After learning about the current progress, Li Wei said at the meeting: "It is relatively rare for similar cases with similar basic facts to be appealed to the Supreme Court in the first instance by the Gansu High Court. In view of the handling of contradictions and disputes, she pointed out that the conflicts and disputes involving the public behind the series of cases should attract attention, and it is necessary to coordinate the efforts of all parties to make a disposal plan, reduce the number of cases, and properly resolve potential derivative hidden disputes.
On the afternoon of October 10, the relevant personnel of the Sixth Patrol, Gansu High People's Court, and Fangdun Asset Company continued to hold a symposium in the same conference room to discuss the aspects of most concern and the difficulties encountered. On the morning of October 11, the Sixth Patrol, Gansu High Court, Fangdun Asset Company, Huanyi Real Estate Company, Yongjing County and relevant functional departments and other personnel held a discussion in Yongjing County.
Execution is very difficult due to the difficulty of having effective sales data on hand. Zhang Guofeng, the first litigant of Fangdun Asset Company, said that as a state-owned enterprise, Fangdun Asset Company has doubts about the authenticity of the transaction and other factors, and wants to go through the entire litigation procedure to avoid follow-up troubles.
The interests of creditors should be protected, but in the case that most of the enforcement objection lawsuits are lost, continuing to resolve them through litigation procedures on a case-by-case basis not only wastes valuable judicial resources, but also damages the corporate image as a result of losing the lawsuit, and is not conducive to the people's housing and social stability. Li Wei was clear.
"Yifang Water Pavilion" community is a key project of Yongjing County, adjacent to the county, surrounded by high-quality educational resources, and is the largest community in the county. Due to the rupture of the capital chain, the construction of the community was not completed in time, and there were four "unfinished buildings", all kinds of factors led to the community becoming a big problem in the county.
The county party committee and county have always regarded the resolution of the remaining problems in the community as a major livelihood work, but due to the complexity of the problems involved, progress has not been made for a long time. Gao Guolin, deputy county magistrate of Yongjing County, said.
Since 2021, Gansu Province has carried out special work to resolve the problem of "difficulty in registration" of the historical legacy of sold urban residences on state-owned land. The problem of "difficult registration" in the "Yifang Water Pavilion" community is an urgent matter to solve.
At that time, more than 500 properties in the community were registered for property rights, but because the land was mortgaged, these real estate property certificates did not have complete rights, and the houses could not be traded. Residents are more resistant, and petitions occur from time to time. Kong Haiyu, director of the Yongjing County Real Estate Registration Center, said that in addition, many households have been buying houses for many years and have not been able to apply for a certificate, and the tradable real estate property certificate must be unsealed and unencumbered on the premise of the land and houses in the community.
This project is related to the maintenance of social stability, and the company fully cooperates. But as a creditor, we can't just solve the difficulties of the people without considering the creditor's rights, and we are also under great pressure. An executive of Fangdun Asset Company said.
In one and a half days, three consecutive symposiums were held, and the number of participants continued to expand. Everyone put their hearts in their hearts and spread out the long-standing problems one by one.
On the one hand, there is a large influx of cases and more potential hidden dangers, on the one hand, the interests of creditors are protected, on the other hand, the people live and work in peace and contentment, and on the other hand, there is the local stability maintenance pressure ......How to untie a knot made of thousands of twists?
At the current stage, it is necessary not only to safeguard the interests of creditors, reduce more derivative disputes, but also to grasp the core of protecting the interests of the people, which should be the common value goal of everyone. Li Wei pointed out at the meeting that all parties should face reality, summon up courage, look at problems from the perspective of the overall situation, and actively promote the development of problem solving.
With such a goal and consensus, in the following words, everyone finally discussed how to solve the problem.
Regarding the protection of the interests of creditors, Liu Yongsheng said, "At present, an investigation is being carried out to sort out the scope of the houses that have not raised objections, and actively evaluate them." And communicate and negotiate with Fangdun Asset Company, hoping that for the houses that have been licensed before the seizure, they will agree to unseal and release the mortgage, and solve the troubles of the people as soon as possible."
Whether subsequent disputes can be resolved through the method of 'same situation and same treatment', for example, cases that have not yet been adjudicated and have not entered litigation can be handled with reference to the effective judgment of the Supreme Court, and applications for withdrawal of the lawsuit are encouragedCases in which the judgment of the first instance has already been rendered should not be appealed. Li Wei proposed.
This work is actually already being done, typifying the case, and marking the circumstances involved in the litigation, etc. Fangdun Asset Company executives said that at present, the plan that everyone can reach a consensus on and can promote the solution of the problem should be fixed first, solved step by step, and reported to the company's headquarters in a timely manner to promote the implementation.
These questions and suggestions are also the direction of the next work. We will continue to promote the disposal of houses that have not raised objections, continue to investigate the houses that can be disposed of, and do a good job in the appraisal and evaluation of the continuation of the construction of 'unfinished buildings', coordinate the work of **, and appease the emotions of residents. Gao Guolin said.
The clearer the problem becomes, the more the reason is explained, and the plan becomes clearer, and the solution is not far from being solved.
Under the guidance of the Sixth Circuit, all parties have repeatedly negotiated on how to strive for the greatest common denominator.
After the symposium, everyone's attitude towards solving problems was very positive. We also checked and sorted out the data, conducted multiple rounds of communication with all parties, and gradually received an effective response. Liu Yongsheng said.
Under the guidance of the Supreme Court, the Gansu High Court, Yongjing County**, Fangdun Asset Company, and Huanyi Real Estate Company reached the "Opinions on the Resolution and Disposal of Cases of Enforcement of Financial Loan Contract Disputes and Enforcement Objections", which consists of 7 articles, making specific arrangements around all aspects of land and real estate disputes in the community, and the division of responsibilities of all parties is clear.
On December 7, a symposium on the resolution of historical problems in the commercial and residential community of Yongjing County was held, and the four parties signed the meeting opinions on the spot. "The "Consultation Opinions" fixed the consensus reached by everyone, promoted the work to be carried out in the 'sunshine', and on the basis of doing a good job in the management of litigation sources, solved the problem of the people's difficulties, and protected the legitimate rights and interests of creditors and home buyers. All parties should take concrete actions to form a joint force and continue to promote the proper resolution of the problem, so that all parties can benefit from it. Luo Zhiyong said at the symposium.
To protect the interests of the people first, link the forces of all parties, and work together to achieve a win-win, multi-win, and win-win situation.
According to the "Consultation Opinions", Fangdun Asset Company withdrew its appeal against 21 cases that had been appealed, and did not appeal against 35 cases that were in the first instance; Agreed to lift the seizure and mortgage of the 89 houses that had been finalized, and reached an enforcement settlement with the residents who were willing to pay off the balance of the houses, and accepted the balance payment as the enforcement payment, so that the residents could normally apply for the real estate property certificate; Agreed to release the corresponding land seizure and mortgage of more than 600 houses that have been registered for property rights and mortgaged by Fangdun Asset Company, so that all owners can truly enjoy the ownership of the houses.
As a result, the current caseload in the courts has been significantly reduced. At the same time, after more than 600 houses were unsealed and unsecured, the real estate certificates that had been handled were fully empowered, and the risk of possible administrative litigation cases could be avoided, and the contradictions and disputes were truly nipped in the bud, and the source of litigation was effectively managed. Li Wei said.
With the current failure to file an objection to the execution of the property, Fangdun Asset Company's creditor's rights will be realized to a certain extent, and the remaining houses will continue to be disposed of accordingly in accordance with the "Consultation Opinions", which will maximize the realization of the creditor's rights. At the same time, Huanyi Real Estate Company can solve the debt pressure with existing real estate, and the Gansu High Court can also smoothly promote the implementation of the work.
With your name written on the real estate certificate, you are safe and stable, and we are only able to be sure of this! Talking about the long road to rights protection, many residents sighed.
The property management of the community, as well as greening, roads and peripheral construction have been optimized and improved, and the "unfinished buildings" have been revitalized and continued, of which Building 12 will be delivered soon, and priority will be given to the resettlement of 67 owners who have purchased pre-sold houses. The masses were very excited when they learned about this situation, and they also sent pennants to the county ** and the county housing and urban-rural development bureau to express their gratitude. Zhang Guoqiang, deputy director of the Yongjing County Housing and Urban-Rural Development Bureau, introduced.
In the past few months, things have finally made a breakthrough. Fangdun Asset Company's creditor's rights have been repaid accordingly with minimal losses, the housing problems of thousands of families have been properly resolved, and the whole community has also been 'lived', and the problems that have plagued the company for many years are being solved with the support and promotion of all parties. Gao Guolin said with relief.
To save a high-quality real estate and resolve a series of contradictions and disputes in a package, all parties have finally achieved a win-win situation with active efforts.
The "one side of the water pavilion" community problem is the epitome of the current contradictions and disputes in the real estate and construction fields.
The reporter learned that in recent years, affected by multiple factors such as market structure, financing pressure, and the impact of the epidemic, the uncertain risks in the real estate and construction fields have surged. Once contradictions and disputes arise, most of them involve many stakeholders such as relevant enterprises and home buyers, and the reasons for the formation are complex, the derivative disputes continue, and the consequences have a wide impact, and the most fundamental thing is that the vital interests of the people are difficult to be protected. A large number of cases have poured into the courts, and the trial period is long and difficult, which can easily lead to a backlog of cases and become a "heavy burden" that affects the quality and efficiency of trials.
Many factors are intertwined, and the handling of cases is a constant addition of intertwined forces, which often eventually form a dead knot. Li Wei said that how to reduce the recurrence of community dispute cases, we must give full play to the exemplary and leading role of adjudication, put the non-litigation dispute resolution mechanism in the front, find the root cause of the problem through the trial of cases, extend the trial function, and exert force at the guidance and guidance end to promote all parties to form a deep understanding of achieving a win-win situation, reverse the passive situation caused by the continuous emergence of disputes, and truly reduce the increase in litigation from the source.
In recent years, the Sixth Circuit has actively promoted the management of litigation sources, and on May 23, 2023, it held an experience exchange and work promotion meeting on the management of litigation sources in disputes in the real estate and construction fields of the circuit area. The reporter learned that the circuit district court has established a government-court linkage mechanism with **, strengthened coordination and cooperation with housing and construction departments, and continuously improved the front-end governance system, which provides a solid foundation for resolving the problem of the community.
Under the realistic situation that all parties are facing pressure, the resolution of complex dispute cases should be handled from a political point of view and from the rule of law, 'sit on the side of the people', change waiting for trial to forward guidance, and change from fighting alone to joint operations, strengthen the organic integration of justice and administration, and promote the resolution of problems in a package, so as to truly achieve the conclusion of the case and the political and harmonious people. During the interview, Luo Zhiyong said that the substantive resolution of a series of disputes in the "Yifang Water Pavilion" community is a vivid example of the Sixth Circuit's practice of active justice to promote the governance of litigation sources. The key is to consider the overall situation of social development, actively link the forces of all parties, and realize the organic unity of the "three effects" to test the actual effect, and constantly strengthen the foundation of the party's governance.
The Supreme Court takes a long-term view of the problem, resolves the problem and focuses on practical results, and effectively solves many difficult and blocking points. "When I met Liu Yongsheng, he had just returned to Lanzhou from Yongjing to handle the unsealing procedures for 81 households.
Lanzhou to Yongjing, about 1 hour by car, has been doing the implementation of the community for 7 years, Liu Yongsheng does not remember how many times he has been back and forth. The next time he goes to Yongjing, his mood is estimated to be much lighter. At that time, I believe that more buyers like Mr. Yang will already have a place ......to live and live in peace
In the article, the "Yifang Water Pavilion" community, Mr. Yang, Huanyi Real Estate Company, Shirun Asset Company, and Fangdun Asset Company are pseudonyms).
Comment. Active judicial services, the steady and healthy development of the real estate market.
Ensuring the delivery of buildings, ensuring people's livelihood, and ensuring stability are related to the vital interests of the people and the overall situation of economic and social development, and the people's courts should take the initiative to take responsibility and actively perform their duties. The Sixth Circuit of the Supreme People's Court adheres to the active judiciary and substantively resolves a series of real estate enforcement objection lawsuits that have plagued a small community in Yongjing County, Gansu Province for many years, providing reference and inspiration for the handling of conflicts and disputes in the real estate field.
* The Economic Work Conference pointed out: "resolutely adhere to the bottom line of no systemic risks", "actively and prudently resolve real estate risks", and "promote the steady and healthy development of the real estate market". In order to thoroughly implement the decision-making and deployment, the people's courts should ensure the stable and healthy development of the real estate market with high-quality judicial services.
Serve the overall situation and the people's justice, and continue to effectively avoid systemic risks in the real estate sector. In the face of hundreds of cases pouring in in batches and more derivative contradictions and disputes, the Sixth Circuit adhered to the supremacy of the people, insisted on handling it from a political point of view and from the rule of law, consciously considered the overall situation from the major deployment of the party and the state and the work of the courts, and through in-depth field research and visits and ascertained the facts, excavated the root cause of the problem, and made systematic arrangements, a large number of contradictions and disputes were resolved before and at the source, and a large number of contradictions and disputes were resolved before and at the source, so as to promote the "slow release and soft landing" of major risks, better safeguard the legitimate rights and interests of the people and social stability, and promote the strengthening of the party's ruling foundation.
Adhere to the concept of active justice, and grasp the work of managing the source of litigation. "The construction of the rule of law should not only focus on the end and treat the disease, but also grasp the front end and treat the disease before it happens." The Sixth Circuit avoids simple practices such as handling cases and making a judgment, actively extends its functions forward, highlights the problem orientation, pinpoints the crux of the contradiction, and constantly works the guidance and guidance side, wins the trust of all parties with efficient and fair judgments, reasonably responds to the concerns of buyers, developers, creditors, local governments, Gansu courts and other parties, protects the rights and interests of all parties to the greatest extent, and does the work of managing the source of litigation of derivative cases with a package of solutions, so as to achieve the good effect of "hearing one case and governing one".
Strengthen the linkage between the government and the court, and coordinate the efforts of all parties to promote the substantive resolution of problems. On the surface, an enforcement objection case is a civil dispute between the parties, but in essence, the interests of the parties are intricately entangled. It is particularly important to closely rely on the party committee and work together to resolve contradictions and disputes. The Sixth Patrol and the Gansu High People's Court respectively formed a special working group to strengthen the linkage between the government and the Yongjing County Party Committee and the county, coordinate and cooperate with relevant departments, communicate closely with relevant subjects, carry out research pragmatically, put forward countermeasures and suggestions, and promote all parties to work in the same direction to promote the realization of people's peace of mind and stability.
The real estate market has a high degree of relevance and strong driving force, and to properly resolve contradictions and disputes in the real estate field, the people's courts should adhere to the fundamental position of taking the people as the center, always resonate with the major judgments of the situation, actively integrate into social governance, improve integrity, coordination, and predictability, and implement the concepts of active justice, "grasping the front end, curing the disease", win-win, win-win, and the conclusion of the case. the greatest politics", to ensure high-quality economic and social development with high-quality judicial services.
*: People's Court Daily.
Trainee Reporter: Zhang Yue.