“Caiyan Group has long sponsored the promotion and promotion of the cultural industry of Xinhui Classical Furniture. In the previous year, the district committee and district government sponsored a classical furniture fair in Beijing and sponsored 1 million yuan, which also caused the bad motivation of individual tenants. The group is Tang Yan, who wants to slap in the process of renovating the classical furniture industrial city by the government and industry associations. The plaintiff party (Party) Zhongcheng Property is entrusted by Caiyan Group to manage Xinhui Classical Furniture City. The client stated in court that the contract between the two parties was lifted on July 1, last year, and Party A recovered the land according to the contract. "For the defendant, the whole family relies on the factory to make a living. If it is recovered without compensation, then the huge investment will be lost, and the huge debt will not be repaid. This is undoubtedly the defendant's family will be forced to a dead end." (Party B) The attorney said, “Don’t swindle the accused into a so-called “nail house†that is insatiable and extorts huge compensation because of the refusal. The plaintiff claimed the name of the government’s urban construction plan and claimed that in return for the public interest, it would attempt to return the land and the land without compensation. Buildings, in contrast, are really robbing the world, and they also violate the basic business ethics and conscience of enterprises, and it is obviously unfair to the government." The two sides debated in court, and the auditorium sat full of the family and workers of the renter, and a single judgment or involving multiple family fates. Has the contract been substantially lifted? On June 10, 2011, the plaintiff issued the Notice of Dissolution of Contract on the grounds of the government planning notice request, requiring the defendant to terminate the Land Use Contract from July 11, 2011. However, the defendant did not agree to the lifting, saying that the land was still used in accordance with the contract and the land use fee was paid to the plaintiff. The contract has still been executed and has not been released. It is understood that Article 10 of the "Land Use Contract" signed by the two parties stipulates: "If the lessor must recover the land and the ancillary buildings in advance due to the needs of the government's urban construction planning or other reasons, the lessor must notify the lessee one month in advance and pay The double performance bond shall be paid to the lessee. The lessee shall return the land and buildings to the lessor. If the lessee is not operating properly, the lease contract may be terminated earlier, but the lessor shall be notified one month in advance, and the lessor shall confiscate the performance bond of the lessee. "Zhongcheng Property Management Company believes that it and the tenants only need to pay double the deposit according to the contract, and there is no question of negotiating the amount of compensation. The common reason for the four tenants' refusal is that the investment is huge. The 15-year contract will be cancelled after only one year of operation, and only the 16,000 yuan deposit can be paid according to the terms of the contract. The attorney’s court argued that the termination of the contract should be judged by the court and the contract could not be lifted by the plaintiff’s unilateral notice. Since the contract was not lifted, the plaintiff did not appeal to your hospital for dismissal. Therefore, the plaintiff complained that the return of the land and the buildings on the ground was obviously lacking in fact and legal basis. Is the upgrade suspected illegal? Is the adjustment of commercial projects in the scope of government planning? This is the focus of the trial debate. Among the evidence submitted by Party A, including the Daze Town Construction Office issued a rectification notice for the Classical Home City in July 2010, and the same month Caiyan Company proposed a rectification plan to the Daze Town Construction Office, including the demolition of the factory on the plot. Used to transform into a large square and parking lot. Party B believes that there is no factual basis for Party A to terminate the contract on the grounds of “government planning needsâ€. “So far, no government planning documents have explicitly requested the acquisition of the land for disputesâ€. The so-called evidence "cannot prove at all that its request to terminate the contract to return the land and the above-ground buildings is in accordance with the government planning notice requirements. In fact, the government does not have such planning notification requirements at all." The defendant's lawyer pointed out that according to the relevant provisions of the Urban and Rural Planning Law, the planning and construction office of Daze Town in Xinhui District is only a department under the town government. It has no power to plan and request demolition and transformation, and there is no document issued by it. Administrative coercive effect. In the “Revision Notice†issued by Daze Construction Office to Caiyan Company, only the roads, coverings, pollution and fire hazards are required to be rectified, and there is no planned demolition and renovation to build the China Classical Furniture Capital Expo Center (hereinafter referred to as “ The requirements of the Furniture Center", "The original told that it was the request for the planning notice of the Daze Construction Office to request the termination of the contract, the return of the land and the demolition and renovation of the building on the ground to completely renovate the furniture center." Party A said that in 2011, the project was included in one of the 41 key tasks in the Xinhui District. However, due to the reluctance of the four operators to relocate, the key tasks were not completed in time. “The government has not publicly announced the planning plan and compensation plan for Caiyan’s request, and has not solicited public opinions from the public. The relevant departments have not approved the planning plan of Caiyan Company.†The defendant believes that according to the “Regulations on Compensation†It is stipulated that the main body that has the right to demand compensation is the government department, not the plaintiff. The plaintiff has no right to request the return of the land and the buildings on the ground. "The plaintiff is obviously in the name of the government, trying to fish in troubled waters." The defendant’s lawyer also stated that the land certificate provided by the plaintiff clearly shows that the land in the furniture center is for industrial use. According to relevant laws and regulations, the land for industrial use and the above-ground buildings cannot be changed to commercial use without approval. It is impossible to be approved by the plan. In this regard, the plaintiff’s court trial clearly stated that the plot was indeed still an industrial land, and whether the “Construction Engineering Planning Permit†was obtained, the agent said “you must ask the Caiyan Group to answer the courtâ€. After the trial debate ended, it entered the mediation session and the two sides were willing to accept mediation. The presiding judge said that mediation will be held within one month, and it is hoped that both sides can resolve it through consultation. bookcase,High Quality bookcase,bookcase Details, CN Jiangxi Yingkai Wood Products Co., Ltd. , https://www.anjufurniture.com
Due to water and power outages, the troubled factory can only be used as a warehouse. Xingle Photo In 2010, Xinhui Classical Furniture City proposed to upgrade to the China Classical Furniture Capital Expo Center. The new plaza in the planning plan involved the demolition of the contract land, and the four tenants were refused due to dissatisfaction with the termination conditions. Last November 18 On the 23rd of this year, the case was tried by the rented party Zhongcheng Property. On October 23 this year, the case was tried one by one in the Shuangshui Court of the Xinhui District People's Court.