No more room or sentence?This notification book promotes the executing person to perform his obligation!
Author:Guangzhou Daily Time:2022.07.19
"Judge Wu, I have been involved in the house involved in the case and actively fulfilling the duty obligation to return the house in accordance with the time limit in the notice. Please do not transfer it to the public security organs." The director Wu Wenshan said that he had moved out of the relevant house and was willing to raise funds to repay the debt involved as soon as possible during the period.
What is going on? Recently, the Zengcheng Court issued a "notice of transferring the case for investigation" to the executed person in the case of a dispute over a housing lease contract. 1 million yuan.
It is reported that this is also the first time that the Zengcheng Court informed the parties in writing and refused to implement the risk of criminal liability for criminal liability for the effective referee documents.
□ Practitioners owe nearly one million housing rents and refuse rooms
There is a five -storey house of more than 1,600 square meters under Huo's name. Since March 2014, it is rented to Deng for office use, and the two parties have signed relevant lease contracts. For a long time, Deng paid the rent on time, and Huo, the landlord, rarely was annoyed by the rent. But in 2019, Deng began to owe rent, urging for several months, and Zhai also found that he was transferred to the two or four floors of the house to Xiangmou, Yumou and other people to operate the enterprise without permission.
In order to protect the legitimate rights and interests of the individual, Huo said to the court on the grounds that Deng constituted a breach of contract, requested to lift his housing lease contract with Deng, and asked Deng and Xiangmou to return to the house involved in the case, pay the arrears, Rent. The Zengcheng Court tried the case in accordance with the law and supported Huo's complaint. However, after the verdict came into effect, Deng and others did not actively perform.
At the end of 2021, the applicant Huo Mou applied to the Zengcheng Court for execution with the effective judgment, asking Deng to pay the rent and the empty people and other people and return the house involved. After the case entered the execution procedure, the executive judge Wu Wenshan immediately took investigation and control measures on the property under Deng's name, and issued materials such as Deng, Xiangmou, etc. Waiting for people to fulfill the obligations determined by the effective legal documents within the prescribed period.
□ "Notice of Risk of Crime" promotes performance
Because Deng and Xiangmou and others did not make air within the prescribed period and returned the above house to Huo, in mid -January 2022, Judge Wu Wenshan went to the house involved in the case for investigation and found that the house involved was not completely empty.
Judge Wu Wenshan saw the exquisite wooden decoration inside the house and knew that once the measures were used, the assets in the house were likely to be damaged. On the other hand, considering the sincere attitude of being executed during the communication process, in order to protect the interests of the parties to a greater extent, Judge Wu criticized Deng and educated Deng. A notice issued the "Notice of Transfer to the Case of Cases for Disposal Crime" was issued, and Deng Mou was empty and delivered to Huo Mou's involved in the case again within a time limit.
"The document also explained in detail. If you have not moved out of the relevant house involved in the case within the time limit, we will transfer your parties to the public security organs for investigation." Judge Wu Wenshan informed Deng in informed Deng in informed the fact that the facts of the judgment and ruled sin. If you continue to refuse to execute or take criminal responsibility.
Deng, who received the "Notice of Risks of Decising Crime", was immediately panicked and realized that the consequences of refusing to perform their obligations were serious, and they immediately promised to fulfill the house of the house as soon as possible. Therefore, Deng and others took the house involved in the case and delivered it to Huo during the period of the document. They also took the initiative to contact Judge Wu Wenshan and had a scene at the beginning.
□ Gang soft and tender, millions of rent paid in court
Although the house involved in the case has come to an end, the case has not been completely ended. The executed person Deng still has a million yuan rent.
During the implementation of the above -mentioned houses, although the Zengcheng Court frozen multiple accounts in Deng's name, the deposit in the account was far less enough to settle the owed rent. In addition, the court also seized a property under Deng's name. Although the property was high, the property has set up a mortgage right. In order to enable Huo's claims as soon as possible, Judge Wu quickly sent a letter to the mortgage owner to verify the amount of debt of the mortgage right and started to start the disposal process of the property.
After combing and analysis, the property priority debt has accounted for most of it, and it has a certain risk of streaming, and the realization time is longer. On the other hand, the real estate lives on Deng's family. If the property is disposed of, his life will also be affected. Considering that Deng has a certain ability to repay, Judge Wu analyzed with Deng from the perspective of the parties, and told him to raise funds to repay the debt involved in the case as soon as possible to protect the rights and interests.
After many communication between Judge Wu and the parties, the two parties finally reached an agreement on paying the payment and repair costs. On the day of signing the mediation transcript in court, Huo agreed to reduce some expenses, and Deng paid 1 million yuan in debt he owed on the spot. At this point, the case was concluded in a reconciliation manner, and the dispute between the two sides ended there.
Text, Tu/Guangzhou Daily · Xinhua City Reporter: Articles of Association Correspondent: Zhang Zheng, Hu Chunyan Guangzhou Daily · Xinhuacheng Editor: Su Shiqian
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