The Tai'an Intermediate People's Court released 10 typical cases of "Assault Execution Month" in the city's court

Author:Qilu.com Time:2022.09.27

Qilu.com · Lightning News, September 27th, on September 27, the Tai'an Intermediate People's Court held a press conference on the "Assault Execution Month" centralized implementation action in the city. 10 typical cases were released at the meeting.

Case 1: A company in Tianjin and a industrial park in Tai'an, a construction contract dispute, dispute to change property preservation case

[Basic Case] ​​A industrial park construction project in Tai'an is a key project identified by the provincial government and the municipal government. In 2019, it was included in the provincial -level growth digital economic park big data industry base. A company in the project construction unit complained to the court due to engineering funds, and applied for the court to seize the property of the company. The Tai'an Intermediate People's Court frozen 11 accounts under the company's name and seized 3 land in the industrial park. A company's industrial park company reported to the Intermediate People's Court that the corporate account was frozen and the land was seized, which affected the project's advancement. The intermediate court's review found that the sealing measures were conducted in accordance with the law. However, considering that the executive enterprise was in a critical period of re -production and re -production, it would continue to adopt measures such as freezing bank accounts and seizure of land, which will affect the normal construction and operation of the project. The Intermediate People's Court negotiated with the executed enterprise and applied for the executor, and finally reached a solution to other guarantees provided by the executed enterprise. After receiving the corporate guarantee, the Intermediate People's Court immediately unblocked the 11 accounts and land of the enterprise to ensure the normal operation of the enterprise and ensure the smooth progress of key projects.

Keywords: the overall situation.

[Typical significance] The court actively integrates into the overall economic and social development of the city, and flexibly adopts sealing measures to ensure the normal production and operation of enterprises, and effectively serve the construction of local key projects.

Case 2: A mining group applied for pre -claim preservation case

[Basic Case] ​​After the applicant signed a trading contract with a company Ningbo, a mining group in a mining group, a company Ningbo, a respondent, sent away the applicant's value of 120 million yuan without paying. The group is facing the problem that cannot be recycled. To this end, a mining group applied to the Tai'an Intermediate People's Court for pre -property preservation. After investigation by the executive, the respondent Ningbo's company had filed a lawsuit by a number of companies due to the breakdown of the capital chain. 200 million yuan. After receiving the news, the executive drove for 10 hours overnight and rushed to a company in Chifeng in the early morning of the next day. After repeated communication by the executive, the company was moved to arrange for the docking work at 6:30 that night, recognized and signed a civil ruling, and assisted in the implementation of the notice. The property preservation task was successfully completed.

Keywords: fast execution.

[Typical significance] The court executives trek for a long time overnight. From the reception of the case to the only time to complete the preservation, it took only 24 hours to effectively safeguard the major economic interests of the parties.

Case 3: 289 people and other 289 people chase labor compensation cases

[Basic Case Situation] A series of cases of labor remuneration disputes in Tai'an Clothing Co., Ltd. owed 289 people, including Wang, and other 289 people. After pre -complaints and arbitration awards, it was determined that Tai'an's clothing Co., Ltd. had paid more than 389 yuan in labor remuneration. After the case entered the execution procedure, the Dongping Court had conducted many online investigation and control and on -site investigation, and found that the legal representative of the executed enterprise was leased abroad, the company's venue was leased, and only unmanned board houses and a batch of fabrics were left. Considering the fabrics, the fabrics were considering the fabrics. The value of the judicial auction of the board house is not great. The Dongping Court has repeatedly contacted the applicant to apply for the executor, soliciting its opinions, and finding the implementation method to maximize the value of the fabric. At the same time, the legal representatives of foreign companies were contacted to inform the legal consequences of refusing to perform and evading implementation. In the end, under the leading organization of the Dongping Court, a execution plan for the executor to continue processing in the enterprise of the executed person was formed, and the legal representatives abroad were responsible for sales. The sales funds were used to pay for labor remuneration. At present, the sales model has returned to the executive court from abroad, and the applied executive has received the execution case in batches.

Keywords: flexible execution.

[Typical significance] The court fully considers the particularity of the implementation of the subject matter. Under the premise of respecting the applied executive's wishes, it flexibly adopts the implementation method and method to maximize the amount of monetization of the subject matter and safeguard the legitimate rights and interests of the parties to the parties.

Case 4: Disputes of Disputes of Li and Liu Mou's Folk Loan Disputes

[Basic Case Situation] A case of the application for the executive Li and the executed person Liu Mou's civil loan dispute, after investigation and control and field investigation by the Internet, no property available for execution, and the executed person, who was executed, refused to report personal property. The New Tai Court included it in the list of dishonesty in accordance with the law, exposed in the local media, and restricted high consumption. On May 12, 2022, Liu and his friends found that the video was scheduled to be included in the list of dishonesty. Liu felt that he had no place in front of his friends. He was even more worried about losing trust. On May 13, the executed person performed all the cases at one time, and the case was successfully concluded.

Keywords: credit punishment.

[Typical significance] The court has increased the exposure of disciplinary disciplinary disciplinary, puts strong pressure on the executed person, urged him to actively fulfill its legal obligations and achieve good results.

Case 5: Disputes of the contract of buying and selling a contract with Liu

[Basic Case] ​​Liu owed Wang's building materials for more than 50,000 yuan. Wang repeatedly urged him to fail and complained Liu to the court. The Taishan District Court ordered Liu to repay the arrears within a time limit. After the verdict came into effect, Liu did not fulfill his obligation, and Wang applied for mandatory execution. Considering that the two parties have many years of cooperative relationships, the executives summoned the executed person Liu to come to court and put it on a patient and detrimental reason, but Liu said that he was unable to perform. The executives then conducted a network inquiry of the property under Liu's name and seized and evaluated the auction of the vehicles registered under their names in accordance with the law. After many work of Liu, the Taishan District Court decided and notified Liu in accordance with the law to adopt the compulsory enforcement measures for judicial detention for the 15th. Liu was aware of the seriousness of the problem, admitted an error on the spot, reached a settlement agreement with Wang, and fulfilled it smoothly. Keywords: pre -punishment ring.

[Typical significance] The court faced the chance of being executed and used pre -detention measures in accordance with the law to form a strong psychological deterrent to the executed person, and prompted him to actively fulfill his repayment obligations.

Case 6: Shanxi Concrete Co., Ltd. and Tai'an Engineering Co., Ltd. Sales Contract Dispute Case

[Basic Case] ​​After a Shanxi Concrete Co., Ltd. signed a sale contract with Tai'an Engineering Co., Ltd., only part of Tai'an Engineering Co., Ltd. only partially fulfilled the contract obligation. Millions of concrete payment was not paid. Operations have a serious impact. In December 2021, a concrete Co., Ltd. of Shanxi resorted to arbitration requesting the other party to pay more than 6 million yuan. After the case was arbitration by the Tai'an Arbitration Commission, Tai'an Engineering Co., Ltd. still did not actively fulfill its repayment obligations. After the case enters the execution process, the executive quickly reviews the file materials, finds out the case, finds the breakthrough point of the case, launches network investigation and control and offline delivery as soon as possible. Pay to the applicant, only 21 days from the case to the case.

[Typical significance] Effectively use two means of offline and online, compress the case handling cycle, improve the efficiency of case handling, maximize the economic cost and time cost of corporate rights protection, and achieve better legal effects and social effects.

Case VII: a dispute over the trading contract for a sales contract between Tai'an Economic and Trade Co., Ltd. and Shandong Mechanical Equipment Co., Ltd.

[Basic Case Situation] In the case of execution of a dispute over the trading contract between Tai'an Economic and Trade Co., Ltd. and Shandong Machinery and Equipment Co., Ltd., the executive received the property clues provided by the applicant. There is a due debt, and the company has a large amount of funds recently. Executors immediately verify the situation and make a timely enforcement of the expiration claim ruling. In order to seize the property involved as soon as possible, to fulfill the rights and interests of the victory as soon as possible, the executives set off overnight, and moved to Jinan and Taiyuan. They arrived in Xinzhou City at 1 am on June 10th. Talk to the company's person in charge on the performance of claims. In the following three days, the executors ran back and forth between the mining area and the urban bank. After active communication and coordination and patient and meticulous work, the company's account was successfully allocated to the account of the company's account to the court account. Essence

[Typical significance] The clue of property has the characteristics of a slight vertical vertical. During the implementation of this case, the executives heard the order, grabbed the time, and grabbed the stall. Periodic debt, compressing and evading implementation of execution, avoiding execution, and maximizing the legitimate rights and interests of the parties.

Case 8: A villager committee retired and delivered to the land case

[Basic Case] ​​The villagers' committee introduced an investment project to promote economic development, but the project was delayed due to land problems. The reason for the land contracting contract, the contractor continued to occupy the land for a long time. The village committee sued the contractor Sun to the people's court. After the verdict came into effect, Sun did not fulfill the obligation to determine the legal documents. The village committee applied to the Feicheng Court for compulsory retirement of the land involved. After the case was filed, the executives considers that the contradictions between the two parties have a longer duration. For example, the application of the land involved in the case is simply forced to deliver the application executive, which is not conducive to the resolution of contradictions, and it is not conducive to the construction and development of investment projects in the future. The executives have repeatedly traveled between the application executive and the executing person, and actively promoted the implementation of the reconciliation agreement between the two parties. After the agreement was reached, the executives continued to pay attention to the performance of the case, and urged the executed person to perform the settlement agreement consciously. In the end, the executed person, Sun, was also touched by the attitude of being seriously responsible and responsible for law enforcement, and actively returned the land recovery of the land to the application executive. At this point, the case was successfully concluded, and the case was ended.

[Typical significance] Adhere to the concept of goodwill and civilization, and use the implementation measures to be flexibly and prudent in accordance with the law, and fully consider the actual situation of the two parties involved in the case.

Case Nine: Disputes of loan contracts such as Gu Mou and Wang Moumou

[Basic Case Situation] After Gu Gu and the executed person Wang Moumou, Tai'an Economic and Trade Co., Ltd. and other borrowing contract disputes entered the execution procedure, the executed person was delayed to fulfill the obligations determined by the effective legal documents to effectively guarantee the application of the executor to Gu Gugu For a certain legal rights, the Court of Daiyue District waited for the real estate under the name of the executed person, and sent a legal document in time. After multiple communication and negotiation, the Daiyue District Court obtained the right to dispose of the property. Later, through the auction of online judicial auctions, the bidders Xu Mou won the above property, but the executed person Wang Moumou and his husband repeatedly refused to transfer the house for various reasons. The executives fully implemented the concept of the implementation of goodwill and civilization, and immediately called the two couples and his wife, and communicated with the executed person many times. Executor fights emotions. After investigation, I learned that the real estate was the only house of the executed person. Based on the current status of the life of the person, the executors coordinated multiple parties and refunded the living security costs of the executed person and their families. Wang Moumou finally agreed to retreat from his refusal to open up his heart, and submitted the online house key, writing guarantee to the court, and handed the real estate in conjunction with the bidder. The case was successfully implemented. [Typical significance] During the implementation of the case, the judge did not perform simple mechanical execution, but patiently performed the law and the law of the case. It promoted the implementation of the case through the influence of judicial tenderness, resolved contradictions and disputes, and achieved good results.

Case 10: A dispute over a sales contract for a glass product company in Ningyang and a beer Co., Ltd. of Yingshang County, Anhui

[Basic Case Situation] Apply for the case of a glass product company in Ningyang, Ningyang, and the executed person, Anhui Yingshang County, a beer Co., Ltd. of Beer Co., Ltd., and the implementation of the target 460,000 yuan. For execution of property. A glass product company in Ningyang suffered trapped development due to the impact of the epidemic, and quickly and efficiently returning funds became the urgent demand for the enterprise. The executives were looking for clues for the property of the person to be executed, and the property clues provided by the applicant went smoothly to find out all the Mercedes -Benz RVs of the executed person. Due to the vehicle of the vehicle, the executive who entrusted the local court to check the label involved by the local court online for the first time. Later, the car was auctioned for only 21 days through online inquiry and online auction, which recovered all economic losses for the applicant.

[Typical significance] For cases that cannot be performed on the spot due to the epidemic cause, the executives make full use of the online investigation and control, commissioning execution, and online auction to ensure that the implementation of the implementation work is not reduced and the efficiency is not reduced, and good results are achieved.

Lightning reporter Wang Xun Tai'an report

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