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The author:(作者)qqpublished in(发表于) 2014/6/19 4:47:38 Guangxi’s scenic hotels in prime locations for bankruptcy related disputes idled in recent 10 years
Nanning, Xinhua on June 19 Reuters new media (Xinhua Zhong Quan Cheng Wangjun) Guangxi laibin hot spring scenic spot known for every holiday, this is known as "best quality hot springs in Guangxi" reputation of the scenic area is even more difficult to get a room. However, in this area there is a hotel in prime locations, because of bankruptcy cases arising from disputes, unused for nearly 10 years. Two protagonists in this bankruptcy case--laibin City tourism group and the bankrupt company buyers hit nearly 10 years in the "Marathon" case, buyers because they fund was unable to make an injustice cry foul, which also looked at El Dorado County Government not anxious. This exactly what is wrong?
State-owned enterprises bankruptcy auction "who permit tax" from causing any dispute
Laibin City Government provided reporters with a copy of the materials displayed, laibin City tourism company (hereinafter "County travel company") is a State-owned enterprise, has run in October 2004 and filed for bankruptcy, and current hotel used to be the company of hot spring scenic spot of idle. Laibin County tourism companies filed for bankruptcy this month, the Court ruling to declare the company bankrupt debts. In November, the laibin city tour company liquidation Group (hereinafter "liquidation Committee") was established, and is responsible for the disposition and distribution of bankruptcy property, and so on.
In January 2005, the liquidation auction company auctions County tourism companies owning real estate and ancillary facilities at the hot spring scenic spot, with Zhang guohui as legal representative of laibin city of hot spring Tourism Development Corporation (hereinafter "spa tourism companies") with 2.3 million dollars bid. In February, the spa tourism companies to apply for advance payment of the liquidation team 80%, 1.84 million sold, the remaining 20% payments were to be liquidated after the group handled all licenses and permits be paid again, written confirmation of the liquidation group "agrees to this report". In April, spa tourism companies urged liquidating the real estate license formalities.
In May, informed of the liquidation team of spa tourism companies, according to confirmation of sale collateral requirements for license change-related taxes and fees shall be borne by the vendee, spa tourism companies should pay a license change-related taxes and fees. Spa tourism companies were of the view that liquidation Group agreed to deal with license and then pay the remaining 20% sum that agreed to take responsibility for license change-related taxes and fees, or contrary to the spirit of laibin city government investment, has been refused a permit assigned by taxes and balance, said they would "make cards, make money." Liquidation group believe that spa tourism companies did not pay taxes, nor does it comply with payment obligations, license transfer procedures could not be processed.
"Marathon" battle among two levels of courts repeatedly ruling
Liquidation group believes, as assigned by the company did not permit changes to tax and hot spring tourism balance and raised during the consultation process by hot spring water, its control management requirements such as scenic roads, causes the auction process to fail over. Liquidation Group requested court of laibin city on the subject matter or restart auction. In October 2006, the Court of laibin city break for image di1-3hao ruled that the County tourism company property to recover a remake.
Spa tourism companies challenged the ruling, which contradicted the said unpaid balance 20% because the liquidation group did not complete processing and delivery conditions are not accomplishments, does not constitute a breach of and decision on the procedure for the auction law article 39th illegal, auctioneer, which States only the consent of the seller's consent to an auction, the qualification of the Court does not have to start an auction. In January 2007, the Court of laibin city and make like the broken Word di1-4hao ruled that that law breaking Word di1-3hao found a violation of legal procedures, be rescinded.
Xiangzhou, 1-4 Court ruled at the same time, the liquidation group according to the notice served on the spa tourism companies, Company failing to deliver the remaining 20% hot spring tourism money, according to the auction law to recover have been delivered to spa tourism company's auction, auction again. In February, the laibin City Court's ruling again broke for image di1-5hao, arguing that company refused to deliver 20% hot spring tourism balance, leading auction purposes cannot be achieved, ruled by the liquidation team of laibin City tourism company property to recover the auction as a whole.
Spa tourism company immediately to laibin Court issued reconsideration applications, think like method broken Word di1-5hao ruled applies legal improper, has auction of property should by contract method adjustment, and non-auction method, Court has no right to ruled recovered heavy took; also, according to auction method 39th article, is entitled to started recovered heavy took program of is auction people, that auction company, and not client, that liquidation group.
On March 1, the laibin City Court's ruling make broken di1-6hao for image, dismissed the application for reconsideration of spa tourism companies. 2nd, 1th in laibin City Court as law practice of the enforcement notice, requiring the spa tourism will County Tourism overall property transferred to the liquidation of the company, otherwise it will enforce. Spa tourism corporate lawyer Wei Ansong said of laibin City Court ruled that the existence of multiple violations: one is the scope in violation of bankruptcy ruling; the second is against placing; the third is ruled legally; four were found factual errors. Spa tourism companies on March 4 and 19th municipal intermediate people's Court to submit the request to guest requests for applications for monitoring of implementation and the application of superior court orders a lower court to correct the error.
In December, the laibin municipal intermediate people's Court reached a verdict, think starting procedures shall be presented by the auction company, and in accordance with the provisions of contract law, spa tourism companies have paid 80% price 20% unpaid balance liquidation group consent, constituted a fundamental breach should be confirmed through the litigation process, so deciding to rescind a Court of laibin city like law breaking civil award, di1-5, 1-6.
Since then, the discussion on several occasions with the laibin municipal intermediate people's Court of laibin City Government, in accordance with provisions of the Supreme People's Court on several issues concerning the trial enterprise bankruptcy cases, higher people's courts have no right to directly revoke the lower court's ruling in an insolvency proceeding. August 2013, the laibin municipal intermediate people's Court made the broken supervisor Word 1th civil order was revoked in the hospital in 2007 to break Word 1th civil ruling, Court of laibin city, 1-6 broken di1-5, for image Award for civil legal validity restored.
Reporters interviewed guests municipal intermediate people's court official, asked why the Court ruled twice in 2007 and 2013 is different. The official said, according to the Supreme Law stipulates that bankruptcy case into a court system, has no right to directly revoke the lower court's ruling to a higher court, and therefore withdrew its 2007 ruling.
Dispute derived multiple problems of idle real estate date of function
That lasted for nearly 10 years of strife, both take up a lot of manpower, financial resources and energy, and is located in the heart of hot spring scenic spot of idle real estate has been the subject-matter, brings a series of derivative problems.
Laibin City Government said suspension of the case for many years, resulting in bankruptcy could not be carried out, County tourism companies laid off workers in wages, pensions and other benefits cannot be resolved, without appropriate arrangements for the laid off workers continued to petition, on the County tourism company creditors ' claims had not been realized, not small, brings many destabilizing factors.
Spa tourism companies invested 1.84 million yuan in funds, keeping quality tourism resources cannot be developed, large amounts of money cannot flow, companies in trouble. Laibin city officials said that 10 years after the hot spring scenic Hotel redevelopment costs have risen sharply, and it is a game that can be described as "destructive".
Government of laibin city, at present, the liquidation team has been to recount the County tourism company property, and will return to remake the program inform the spa tourism companies. Due to the long time span, County travel company-owned property has mildew damage, need to reassess. Again possible differentials, cost of auctioning, from spa tourism company. Once again, after an auction, liquidation and original spa tourism companies closing.
Spa tourism company official said that court decisions are often related to the vital interests of the parties, guests and xiangzhou counties level 7 of the Court ruling repeatedly, very loosely. Xiangzhou Court said it erred in hot spring tourism will continue to appeal, to safeguard their legitimate rights and interests.
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