"Unable to execute" villas ｜ 9:30 tonight

9:30 tonight

Forge borrowing agreement

In an attempt to prevent the court through false lawsuits

Villas worth millions of yuan

Prosecutor's in -depth investigation

Discovery cases involved in borrowing

It's a closed -loop transaction

Native

"The court called me and said that I could execute the villa under the name of Zhu Ping. My creditor's rights can finally be compensated ..." In May this year, after Lu Yi received a call from the Executive Bureau of the Jiangyin City Court of Jiangsu Province, he specifically gave Jiangyin The prosecutor handling the case of the municipal procuratorate called.

Apply for execution

The villa involved in the case has been seized

For banks, non -performing assets are burdens, but for some professional investors, the profit margins that bad assets may contain are often the way they look for.

Lu Yi has been engaged in non -performing assets for many years, and has rich experience in investing in special assets. In June 2021, Lu Yi learned that a certain asset management company would transfer a creditor's right of more than 4.9 million yuan. The claim was transferred from the Bank of Communications. In addition to the asset contract, the borrower Maide (the actual controller Zhu Ping), there is still Guarantor Tianhe Company (actual controller Zhu Ping), Huamei Company (actual controller Li Guang), and Zhu Ping equal people, more importantly, the guarantor Tianhe company's actual controller Zhu Ping has a set of villas worth more than 3 million yuan worth of villas Although the villa is a small property house built on a collective land, there is no corresponding real estate certificate and land certificate, but there is a letter of repurchase of market prices issued by the bank where the village committee where the villa is located.

"There are both the guarantor, and there are real estate in the name of the guarantor, which is worth investing." After preliminary understanding and evaluation, Lu Yi judged that although the asset package was not a "big bag", there was also room for profit. Lu Yi calculated that the market price of the villa under Zhu Ping's name was more than 3 million yuan.

As a result, Lu Yi transferred the claim from the asset management company. After the transfer procedures were completed, Lu Yi immediately went to the court to apply for forced execution. But Lu Yi did not expect that the executive judge told him that the villa under Zhu Ping's name had been seized in another civil loan dispute, so he could not be implemented according to law.

After understanding the executive judge, Lu Yi learned about the original committee: In 2014, Zhu Ping and the Tianhe Company under his name borrowed 1.5 million yuan from Bian Lan, agreed to mortgage the above villa to Bian Lan. Due to unpaid repayment, in May 2019, Bian Lan sued Tianhe Company and Zhu Ping to the court, requesting a total of 3.12 million yuan in the principal and interest of the loan. After the verdict came into effect, Bian Lan applied to the court to seize the villa under Zhu Ping's name.

After understanding the situation, Lu Yi felt a bit tricky -Maide Company and Tianhe Company were all funded. Zhu Ping had no other assets under his personal name and did not have the ability to perform. As the only real estate in this debt, if it cannot be implemented smoothly, it means that it is difficult to recover the creditor's rights.

It is common to make a bad asset disposal and make a lot of money or losing a mess. The many years of asset contracting experience allowed Lu Yi to calm down quickly. He took the judgment of the dispute between Bian Lan and Tianhe Company and Zhu Pingmin to consult a professional lawyer. A word from a lawyer woke him up. "Unless the case is a false lawsuit, there is no existence between Bian Lan and Tianhe Company and Zhu Ping. The borrowing relationship, otherwise the villa under Zhu Ping's name must not be implemented alone. "

Is it really a false lawsuit? After visiting the situation and understanding the situation on the spot, Lu Yi felt that the case was really doubtful: Bian Lan's family was very ordinary, and it was impossible to have such a strong loan ability. Guang and Zhu Ping are very good friends. The company under the name of the two often guarantees each other when borrowing from the bank ...

In August 2021, Lu Yi applied for supervision to the procuratorate with his skepticism.

Find out the truth

Borrowing is a closed -loop transaction

"According to the clues provided by Lu Yi, Bian Lan may be the breakthrough of the case." The prosecutor thought.

"When Mi Lan sued the court with a loan agreement and 4 reconciliation bills as evidence, the date of the loan agreement was August 12, 2014, and each year from 2015 to 2018, 4 copies. The content and format of the bill of statement are exactly the same. "The prosecutor found some unusual details by reviewing the court trial and executing the dossier.

Is the content and format of the statement so consistent really coincidental? Did Bian Lan have the ability to borrow 1.5 million yuan at that time? What is the relationship between Bian Lan and Zhu Ping? Why did Zhu Ping refuse to appear in court without a legitimate reason? The execution of the dossier reported that after receiving the execution of more than 70,000 yuan, Bian Lan agreed to end the execution of the case. Why not require the court to take further enforcement measures on the sealed Zhu Ping name?

In order to solve these doubts, the prosecutor had inquired about Bian Lan's social security and other information, and learned that he was an accountant in Huamei. It is found that Tianhe Company has been ruled by the court to accept bankruptcy and is under bankruptcy liquidation.

Although the review has made progress, it is not enough to determine that false lawsuits have been determined by these situations. Subsequently, the prosecutor commissioned the Judicial Appraisal Center of the Wuxi Procuratorate to identify the borrowing agreement involved in the case and the formation period of 4 reconciliation bills. The bank records show that the 1.5 million yuan borrowing involved in the case comes from Huamei Company, that is, on August 12, 2014, this money transferred from Huamei Company to Bian Lan's bank account, and from Bian Lan to Tianhe Company. Tianhe Company transferred 1.5 million yuan to 8 more returned to Bian Lan's bank account, and then transferred from Bian Lan to Huamei Company. It turned out that the so -called 1.5 million yuan borrowing was actually a closed -loop transaction!

Not only that, the prosecutor found that the company's registration information found that the legal representative and shareholder of Huamei Company Li Guang, the actual controller of the company is Li Guang, and Li Guang and Zhu Ping are friends.

In the fact that the facts found, the case of the prosecutor's judgment that the case that Bian Lan applied for sealing the villa is likely to be a false lawsuit made by Zhu Ping and Li Guang instructed by Li Guang. Set villa.

Protest in accordance with the law

False litigation judgment was revoked

In view of the above situation, the prosecutor believed that the relevant parties in the case were suspected of false lawsuits and transferred clues to the public security organs for investigation.

On November 2, 2021, the public security organs established a case against Zhu Ping, Bian Lan and others for suspected false lawsuits. After many discussions and early investigation, the prosecutor and the public security organs had reached an agreement: starting with the plaintiff Bian Lan for breakthroughs.

In order to successfully promote the case handling, the prosecutor invited the prosecutor of the criminal prosecutor to intervene in the case in advance and guide the investigation, and jointly formulated an outline of the interrogation of Bian Lan and others with the public security organs.

In the end, the public security organs found out that in early 2019, Zhu Ping was unable to return his debt to the Bank of Communications Wuxi Branch. He was worried that the villa under his name might be executed by the court, so he quantified with Li Guang and decided that the fictional lending was related to the court prosecution. Apply to seal Zhu Ping's name to the villa to escape the court's execution.

After that, the two found Bian Lan and Xue Dong (the legal affairs of Li Guang Company), and asked Bian Lan to borrow 1.5 million yuan from Li Guang enterprise as a record of bridge funds on August 12, 2014 as the record of Li Guang enterprises. (This payment is transferred from Bian Lan's personal account to Tianhe Company) to sue Tianhe Company. After the legal affairs Xue Dong recorded 1 borrowing agreement and 4 reconciliation bills based on the above transfers, after signed by Bian Lan and Zhu Ping, it was signed and stamped with the official seal of Tianhe Company, and then Xue Dong entrusted the lawyer to sue and obtained the prosecution judgment. The verdict applied to the court to seize the villa. Afterwards, Zhu Ping gave Xue Dong's 100,000 yuan benefits.

It turns out that the case involved in the case involved 1.5 million yuan is actually a borrowing between Huamei Company and Tianhe Company, and the debt and debt relationship has been eliminated. Zhu Ping, Li Guang, and others know that the 1.5 million yuan crossed by the overpass involved in the case has already returned, and the relationship between the debt and debt has long been eliminated. Forgery of evidence and fictional facts to the court, and applied for execution after obtaining the court's effective judgment, hindering the implementation of the third party Lu Yi on the villa and harming its legitimate rights and interests.

On November 25, 2021, the Jiangyin Procuratorate submitted a protest to the Wuxi Procuratorate on the case. On December 15, 2021, the Judicial Appraisal Center of the Wuxi Procuratorate issued an appraisal letter. The appraisal opinion was that the tendency to think that the case involved in the case and the 4 counterfeit bills were produced in the same time. On December 23 of the same year, the Wuxi Procuratorate adopted the opinions of the Jiangyin Procuratorate and filed a protest to the Wuxi Intermediate Court. On January 17 this year, the Wuxi Intermediate Court instructed the Jiangyin Court to re -review the case.

On April 27, the Jiangyin City Court decided to revoke the original judgment and rejected Bian Lan's lawsuit. According to this verdict, Lu Yi can apply to the court for the execution of Zhu Ping's name. At the same time, Zhu Ping, Li Guang, Bian Lan, and Xue Dong were transferred to the Jiangyin Procuratorate for review and prosecution for suspected false lawsuits.

(The parties and the company name are pseudonym in the text)

Prosecutor

"Touch Porcelain" Law to eat its own fruits

The fact that the case of civil lending disputes is simple, the contract performing the route is short, and the requirements for complaint evidence are low. Especially under the planning and packaging of the masters with rich experience in litigation, the technical means of fake evidence for fake litigation are more hidden and difficult to be aware of it. The "severe disaster area" of false lawsuits.

In this case, the original and defendants maliciously colluded with evidence such as preventing the implementation of related property, forging evidence such as the borrowing agreement, fictional legal relationships, and fabricating legal facts, so that the court made a wrong judgment, thereby harming the legal interests of outsiders in the case. Due to the cooperation of the original and the defendant, the interests of the false lawsuit were consistent, and the evidence of the complicated operation method was passed through complex operating methods, resulting in the discovery and investigation of false lawsuits. When the procuratorial organs supervise this type of false civil lending lawsuit in accordance with the law, it is not enough through reviewing the files and inquiring the parties. Generally, it is necessary to inquire about the transaction details and capital exchanges of the relevant parties' bank accounts. For the main means of false evidence of false lawsuits, the key evidence of the finalized cases can be entrusted to judicial appraisal, evaluation, audit and other departments if necessary to find the breakthrough of the case. At the same time, we must pay attention to strengthening the cooperation with the public security organs, transfer the mature clues to the public security organs after the investigation and verification, and cooperate with the guidance of public security organs to verify the cases to form a combination of false litigation. False litigants have exhausted everything to calculate the site, and use some self -righteous "high moves" to harm the legitimate rights and interests of the country and others, but they do not know the law of "touching porcelain" and will eventually eat their own fruit. Legal maintenance is legitimate rights and interests, judicial authority and legal dignity will never be allowed to be trampled, and fairness and justice will never be absent.

(Source: Procuratorate Author: Xiao Yan)

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