Mens participation in court auction, flower 14 million buy 2 storeyed office has not been transferred.

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 Mens participation in court auction, flower 14 million buy 2 storeyed office has not been transferred.


Participate in court auctions spend more than 1400 yuan to buy two storey office buildings A few days ago, Mr. Huang brought reporters to the office he had auctions. The building has 10 multi-storey buildings, located at the core road of Dongtai Road in Nancheng, near the central square of the municipal government. Mr. Huang took the ten, eleven and two floors of the B block of the building. Mr. Huang said he was from Taishan in Guangdong. At the beginning of 2016, he learned the auction information through the network. At that time, the second peoples Court of Dongguan commissioned a auction companies to auction the property. Mr. Huang made the bid in April 12, 2016 through open auction. According to the confirmation letter provided by the auction, the building area of the object is 2337.5 square meters, the house property certificate number is C6657324, and it is finally taken by Mr. Huang at the price of 12 million 8 thousand yuan. According to Mr. Huangs Second Peoples Court of Dongguan in Guangdong Province, the notice of the implementation of the notice shows that Mr. Huangs property belongs to the southern city of Dongguan and the joint stock economy union. Due to economic disputes, the property was sealed up by the second peoples court and commissioned for auction. The Notice of execution requires the Dongguan Municipal Real Estate Administration (abbreviated as the Municipal Administration of housing) to assist in the handling of the transfer procedures and transfer the above two layers of property to Mr. Huang to the name of Mr. Huang. Mr. Huang presented a stack of invoices to reporters, including 12 million 8 thousand yuan of auction, 360 thousand yuan of deed tax, 380 thousand yuan of auction commission, and more than 1 million 278 thousand yuan. Because the auction house could not lend, in April 2016, I spent more than 14 million yuan in cash. Prosecution of the Housing Authority said the court does not belong to the scope of administrative litigation. From May 2016 to September, Mr. Huang repeatedly transferred to the Municipal Housing Authority for the transfer of the property. In October 2016, the city Housing Authority finally made the notification of real estate registration inadmissibility. In desperation, Mr. Huang prosecuted the Municipal Housing Authority to the first peoples Court of Dongguan. Its attorney, Guangdong Peng Zheng law firm, lawyer Sasa, believes that Mr. Huangs property has been approved, otherwise it will not be given a property certificate (C6657342) before. Mr. Huang bought the property through legal means, paying all taxes and fees, and the housing authority should transfer it. However, the Municipal Peoples court finally refused to accept the administrative lawsuit. Mr. Huang appealed to the central court of the city and was rejected. The reason is: Mr. Huang, holding the courts executive order and the letter of assistance for the implementation of the notice, requires the Municipal Administration of housing to assist in the transfer of real estate. It is the administrative agencys act according to the notice of the peoples court in accordance with the assistance of the peoples court. It is a statutory assistance obligation that the administrative organ must perform and does not belong to the administrative organ. The administrative litigation of the peoples court is subject to the scope of the case. Mr. Huang said he was mentally and physically exhausted in the past two years. In 2016, someone wanted to rent the property that he had photographed and pay the deposit, but later found it impossible to transfer it. The other side and I signed the lease contract, but the property certificate is not my name. The other side said it was my breach of contract, and I had to pay a large sum of money for the other party. Seeing that it was hopeless, under the pressure of the economy, Mr. Huang had to lease the property at a low price recently. The price is only half of the market price of the surrounding property. Moreover, as long as the property can not be transferred, the property disposal is severely restricted, and it also brings huge economic losses to me. City Housing Authority: property belonging to collective assets can not be transferred. The Housing Administration Bureau received an interview with Nandu reporter that the property of Mr. Huangs auction was Dongguan Nancheng District victory and economic union, the real estate warrant number is C6657324, the land certificate number is 2004) 1900030100800th, the land nature is collective ownership, and the use is business. According to the provisions of the forty-third, fifty-ninth, sixtieth and sixty-first provisions of the land and land administration law of the peoples Republic of China, the collective land (including ground buildings) shall not be transferred to units other than the collective economic organization. The State Council Office of the office of the State Council on the strict implementation of the law and policy on rural collective construction land (State Office hair [2007] 71) further pointed out that only the village and township enterprises, township (town) village public facilities and the construction of public welfare undertakings, rural villagers houses, and other three types of township (town) village construction, can only use the farmers collective There is land. The scope, laws and policies of these three types of land use are accurately defined and must be strictly implemented. The real estate is the collective land development and construction of South City. The property is registered under the name of the Nancheng district and the name of the economic union. It belongs to the collective assets of South City. According to the laws and regulations mentioned above, it can not be dealt with directly and can not handle the corresponding transfer registration of real estate. Municipal Second Peoples Court: when the property is in compliance with the regulations, it will be transferred again. City Second Peoples court introduced the case involving the initial auction price of the property 18753800 yuan, two racket, according to the provisions of the two price cut again, eventually filming by Mr. Huang. Before the sale of the property, the auction companies had presented a brief introduction to the auction target to the bidder, which indicated that the registered owner of the real estate was the Dongguan Nancheng District victory and economic union. And the auctioneer provides relevant legal documents and information. When the conditions of the transfer are available, the buyer should take the name change formalities on its own, and the buyer should bear the risk and cost of the transfer. The registration is subject to the registration of the administrative department. In September 23, 2016, the real estate management of Nancheng, Dongguan, sent a letter to the court, saying that the nature of the land involved in the case was not state owned land. It could not register the transfer registration according to law, and asked the court to clarify whether the property was transferred to Mr. Huang. In September 28, 2016, the court returned to the housing management department in accordance with the law to agree with the opinion, that is, in accordance with the relevant provisions of the PRC Land and land management law (now temporarily unable to pass the house); if the above property conforms to the relevant laws and regulations, the housing management department will be asked to assist. Source: Southern Metropolis Daily editor in charge: Zhao Yaping _NN9005 Before the sale of the property, the auction companies had presented a brief introduction to the auction target to the bidder, which indicated that the registered owner of the real estate was the Dongguan Nancheng District victory and economic union. And the auctioneer provides relevant legal documents and information. When the conditions of the transfer are available, the buyer should take the name change formalities on its own, and the buyer should bear the risk and cost of the transfer. The registration is subject to the registration of the administrative department. In September 28, 2016, the court returned to the housing management department in accordance with the law to agree with the opinion, that is, in accordance with the relevant provisions of the PRC Land and land management law (now temporarily unable to pass the house); if the above property conforms to the relevant laws and regulations, the housing management department will be asked to assist.