dismissed the petition legitimate auction
Since then, extensive investigation that Jingyuan County, the second auction,Moncler, there are many violations of laws and regulations in place: first, the trustee to make property assessment for hotels Lucheng Jingyuan County real estate assessment did not assess the associations at the provincial land registration, it does not have a state-owned assets assessment of qualifications; Second, the organization of the auction company Masanori Zengyin false registration on August 26, 2005 by the Provincial Industry and Commerce revoked the company registration, revocation of corporate business license, a fine of $ 100,000 administrative penalty, so the person can not qualify, so the auction was undoubtedly the act is invalid; the same time, the county government also believes that the process of transfer of ownership of state-owned enterprises, only one bidder,Moncler Doudoune, nor shall organize the auction.
However, since 2005, the relevant departments have continued to receive questions The second auction of violations of law complaints. Jingyuan County then on July 15, 2005, issued to Zhang Xing Wan's decision to recover the two hotels, but significant differences, and ultimately fruitless negotiations.
County wishes to recover the Hotel
face sue the county government, Zhang line of thousands of lawyers that if the auction, there are some procedural flaws, that is the county's fault liability,abercrombie france, the transferee is to participate in bidding, neither in commissioning and evaluation, they can not informed. As one of the parties acquired in good faith, of course, the right to request the transferor to continue the contract.
2008 年 11 月 25 afternoon, Silver City Intermediate People's Court held a hearing this dispute from the sale of state property the case.
2004 年 11 月 10,abercrombie, Masanori Jingyuan County in the consent agreement, based on This time, after the announcement to the outside world through the media to only collect Zhang Xing Wan a bidder. December 2, scheduled auctions, during the restructuring by the leading group of Jingyuan County decided to cut prices twice and subtracting the two hotels part of the debt, Zhang Xing million end in cash 8.58 million yuan, and to assume a total of 4.23 million yuan of debt 1281 million price auction, signed on the spot auction confirmation. December 25, 2004, Zhang Xing Wan Qing sexual intercourse once a transaction in cash 8.58 million yuan. In April 2005, Zhang Jingyuan county departments to handle the Ulan line Wan hotel housing ownership certificates and land use permits.
two difficulties of the county need to reform state-owned enterprises transfer hotel Ulan state and collective enterprises will be bundled hotel overall asset auction. County to complete the assessment, authorization, and other legal formalities, on September 29 commission Gansu Masanori auction auction published in the media announcement. As of October 8 (the day before the auction) is only collected the former hotel manager of Ulan line Wan, Jingyuan Ulan supply company manager has that two bidders. The two men were paid $ 4 million bid deposit received after the bid qualifications. In the morning of October 9, at auction, two bidders bidding round, the final was that the successful bid price of 18.5 million yuan, and signed on the spot auction confirmation.
2008 年 3 28, Jingyuan Zhang Xing Wan county government will resort to the court, asking the court to confirm the line of Wan Zhang Jingyuan County made by the auction Ulan hotels, guest houses state of state-owned property will be invalid ,Moncler Pas Cher, according to decree the return of two state-owned hotel property.
Jingyuan County against first instance decision, appeal to the High Court. Recently, the High Court held a public hearing after the case, according to the law to dismiss the appeal, upheld the final decision.
like v. buyers
silver tried in the Court finds, first of all to make an assessment for the hotel holds 4 per capita for the qualification certificate issued by the State appraiser, and had entrusted the Lucheng real estate appraisal is a legitimate business, it alone Society is not registered on the assessment that it does not have the qualifications is untenable. Second, Masanori's business license is valid for September 29, 2010, the auctioneer is the legitimate holder, according to the highest law-related documents The economy should not be recognized as invalid contract Finally, the Court held that the plaintiff Jingyuan county departments based on the regulations and has been discontinued, The Eventually, the silver in the hospital that meet the statutory procedures for the auction process, auction results real, effective, legal, and Jingyuan County, as ownership of the assets were, and Zhang Xing Wan reached a property transfer agreement effective civil legal transactions not subject to administrative regulations constraints, and the county line of Wan Zhang get the relevant law did not apply for revocation of the registration of property rights, it is based on Accordingly, dismissed the claims of Jingyuan County.
Final Judgement
but a month later, things have undergone a dramatic change - because Masanori company that has not been delivered to the auction once the confirmation, as payment deadline, full payment has been out for failing to constitute a breach of contract leading to
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