More than ten years have passed, and a considerable number of owners of the Star River Commercial Housing Community in Fengnan District, Tangshan City, Hebei Province have not been able to get the real estate certificate.
Just when the owners were running between various functional departments, Dong Mou, the secretary of the neighborhood committee and village director in the jurisdiction, was prosecuted on suspicion of embezzlement, misappropriation of funds, and non-state functionaries.
Recently, the Fengnan District People's Court of Tangshan City heard the case.
It is difficult to get a real estate certificate after more than 10 years
According to Mr. Li (pseudonym), the owner of the Star River Community, the Star River Community in Tangshan City was built in 2009 as a flat renovation project of the former Second Street Neighborhood Committee, with about 900 commercial buildings and about 400 demolished buildings.
It has been 13 years since I bought and delivered the house in 2011, and I have not been given a real estate certificate. Mr. Li said that after the owner's representative applied to the relevant departments many times, only more than 300 suites have been given to the owner, and other owners have still not been able to handle it.
Ms. Li, the owner who did not get the house book, said that the quality of the buildings in the community is poor, there are gaps in many walls, and there was a water leak in the home last year. "No one repairs it, so you can only pay for it yourself."
Witness Chen said in the defense lawyer's investigation and evidence collection** that in response to the real estate certificate problem reported by the residents of the Star River Community, a leader of Tangshan City came to inspect and said that he would strictly investigate.
The director of the neighborhood committee was prosecuted
On February 1, 2023, Dong Mou, secretary of the neighborhood committee and village director of the Second Street Neighborhood Committee of Xugezhuang Town, was detained by the Fengnan District Supervision Committee on suspicion of duty crimes, and was later arrested.
On the same day, Tangshan Okay Real Estate Development issued a statement of the situation, saying that the returning residents of Xinghe Bay, Second Street, Xugezhuang Town, Fengnan District, Tangshan City, need to provide corresponding information and affix the official seal of the Second Street Neighborhood Committee to handle the registration procedures of real estate property rights. The company communicated with Dong, then secretary of the Second Street Neighborhood Committee and village director of Xugezhuang Town, many times, but the Second Street Neighborhood Committee has not provided the above information, resulting in the company's inability to handle the property rights procedures for the relocated households in Xinghe Bay, Fengnan District.
In this regard, Dong's family said that after the incident, the relevant materials of the relocated households had already been provided to Okay Company.
The indictment did not admit that there was a problem
On January 23, February 1, and February 20, 2024, the Fengnan District People's Court of Tangshan City heard the case three times. On January 23, Dong's case was in the Fengnan District Detention Center**, and more than 40 local villagers observed.
In court, the prosecutor of the Fengnan District Procuratorate accused Dong Caishan of five crimes committed while performing official duties, all of which were related to Okay Real Estate. In court, Dong said that the above accusations were inconsistent with the facts.
The prosecution alleged that Dong took advantage of his position in the demolition and reconstruction of the Second Street Pingjiao Building Project, and instructed the bookkeeper Liu to issue a transfer check of 1.5 million yuan on the grounds that he had paid for the demolition and clearing of the ruins in advance, which was subsequently used for household consumption expenditures.
In this regard, Dong argued that in January 2009, the Second Street Neighborhood Committee borrowed 1.5 million yuan from Dong's family for the distribution of benefits in the village. At the same time, the demolition and cleaning of the ruins in the Star River community was done by him and others, which incurred a certain amount of costs. The $1.5 million alleged by the prosecution was used to repay the two expenses.
The prosecution alleged that Dong used his position to facilitate the village collective assets to others, and the buyer transferred the money to Pei through Liu, which has not been repaid so far.
In this regard, Dong said: The so-called ** to give others collective property is a collective decision, and there is a record of the villagers' congress. Liu transferred 1 million to Pei, but he didn't know it.
Regarding non-state functionaries**, the prosecution alleged three facts: Dong's eldest brother asked the developer Okay Company for a house and did not pay for the house; Wang, a villager on the second street, asked Dong to help hand over the down payment of the house to Okay Company, and Dong deducted 300,000 yuan; Dong took away two sets of bottom merchants from Okay Company without consent for the use of his children.
In this regard, Dong argued that he had a bad relationship with his eldest brother, the other party had knocked out his front teeth, and the two had not been in contact for many years, so it was impossible to instruct him to buy a house without giving money.
When Wang entrusted the payment of the house, Dong said that he did not have it. In the case of the bottom merchant of Star River, Dong said that the developer Pei had borrowed money from his son and had not repaid it, and then the two parties signed a mortgage contract, which was used to pay off the debt.
In court, Dong said that the delay in obtaining a house book in the Star River community was caused by the misappropriation of deed tax and overhaul by the developer Pei and others.
After the trial, the verdict has not yet been pronounced.
*: China Brand Magazine.