The real estate seized by the court he dared to sell

Suqian, a real estate development company owed money, the court seized the real estate company's more than 10 sets of production. However, Zhang Jun, the manager of the real estate company, made his own clever efforts. In order to recover the losses, he even sought someone to sign a house purchase agreement and sell the three houses without authorization. Then the new buyer filed an objection to the court to defraud the court and remove the seal. Zhang Jun was sentenced by the Suyu District Court to a one-year prison term for being suspected of illegally disposing of seized property. This is the first case in which the city of Suqian sentenced him for illegally disposing of seized property. It is also rare in the province.
The arrears of the project were sealed by the court to more than 10 properties

Zhang Jun, 42 years old, is a farmer in Suyu District of Suqian City. After years of hard work, he has a certain amount of capital, and he has jointly invested with Gao Mou and established Zhengyang Real Estate Co., Ltd. (hereinafter referred to as Zhengyang Company). Chairman. In July 2007, the Shunlong company in Suqian City, which undertook the construction of the Dongting Longyuan Project, had a contractual dispute with Zhengyang Company during the construction process and sued Suqian City Intermediate People’s Court, demanding Zhengyang Company and Gaomou to pay for the project. Payments, liquidated damages, overdue payment interest totaled 2.4707 million yuan. After the commencement of the lawsuit, Shun Long filed an application for property preservation and provided corresponding guarantees.

On April 15, 2008, the Intermediate People's Court of Suqian City made a ruling and sealed the production of more than 10 houses including Room 404, Unit 3, Building 3, Building F1, Room 404, Unit 3, Building F3, and Building 20, Building F4, which were developed by Zhengyang Company. . The next day, the civil ruling book was sent to Zhengyang Company. Zhengyang company refused to accept the appeal. Later, the case went to the High Court of Jiangsu Province for the second instance. On June 30 last year, the Supreme People's Court of Jiangsu Province made a final judgment, requesting Zhengyang Company to pay the construction fund of 106,0215.4 yuan jointly and pay the corresponding interest. After the judgment, Shunlong Company applied for compulsory enforcement in the Suqian City Intermediate People's Court.

Make fake agreements to sell real estate maps "curve" unblocked

After receiving the ruling of the court, the company faced more than 10 properties that had been sealed up. As a business manager, Zhang Jun was distressed. In order to recover some of his losses, he made himself smart and managed to sell 3 of the seizure properties without authorization. Nearly 1 million yuan.

On the third day after the seizure was made, Zhang Jun sold one of the suites to the owner, Zhao. In order to make the purchase agreement legal and effective, he intended to put the date of the receipt and agreement on February 6, 2008, which was in Suqian City. Before the court sealed the ruling. On the same day, Zhang Jun conspired with the acquaintance Zhu, knowing that the F20 No.20 facade was seized, the two sides signed a false facade apartment subscription agreement. Zhang Jun also wrote the date of the receipt and agreement as January 8, 2008. In addition, Zhang Jun also sold the sealed unit F3 building 3 units 404 rooms to the owner Wang. The three owners submitted an objection to the Suqian City Intermediate People’s Court and asked the court to suspend the execution of these several properties. Both were rejected.

Suqian City, the first person to illegally dispose of sealed property

Zhang Jun’s unauthorized sale of the court to seize the property was known to creditors. On September 14 last year, the public security authorities received a report and filed investigations on charges of illegally disposing property seized, detained or frozen. A week later, Zhang Jun was arrested. On May 31 this year, the procuratorial agency filed a public prosecution with the defendant Zhang Jun for the crime of illegally disposing seized property. On July 15, Suyu District Suyu District Court heard the case openly.

The court held that in the case where Zhang Junming knew that the relevant property had been seized, he still illegally disposed it, and the act constituted the crime of illegally disposing of the seized property. According to the relevant provisions of the Criminal Law, Zhang Jun was sentenced to one year imprisonment for committing the crime of illegally disposing seized property. Zhang Jun has thus become the first person in Suqian City to sentence the prisoner for illegally disposing of sealed property. The criminal suspect who was sentenced to actual punishment on this charge was rare in the province.

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Unsuspected and bought sealed property

The agreement is also invalid

In the case of seizure of property by the illegal sale court, the three owners signed a house purchase agreement with Zhang Jun. Do they have to bear legal liabilities and the signed agreement is still valid? In this regard, the case adhering to the official told reporters that these properties are in the state of closure of the court, Zhang Jun did not dispose of the right, so they signed a house purchase agreement is invalid. However, it is necessary to distinguish between different situations.

In the purchase transaction with Zhu, Zhang Jun knew that the property had been sealed and he still signed a false house purchase agreement with Zhu. As an associate, he also had to take legal responsibility. Currently Zhu has been released on bail. In the other two transactions, the owner may not know, but the agreement is also invalid. The owner may request Zhengyang Company or Zhang Jun to return the advance payment, or after the court completes the execution and removes the seizure of the property, Zhengyang Company sells the unsealed property to the owner. (The person named in the article is a pseudonym)

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