The average price per square meter is 100000 +! Thousands of luxury houses by Qiantang River in Hangzhou are forced to vacate

category:Society
 The average price per square meter is 100000 +! Thousands of luxury houses by Qiantang River in Hangzhou are forced to vacate


On the morning of January 2, 2020, on the first day of new years work, the executors of Shangcheng District Peoples Court of Hangzhou came to a building of xingxiaoyuan, Jiuxi rose garden. Under the witness of the notary public, the personnel of the property management company, the executor and his lawyer, the executors forced to vacate the property under the name of the executor who owns the luxury house but refuses to perform.

Why are luxury houses forced to vacate?

It starts eight years ago.

As the property owners of the above property, Zhang and Li (both pseudonyms) are the guarantors in a financial loan contract dispute case. At the beginning, a company in Hangzhou, the principal debtor, borrowed 18 million yuan from a bank, and set up mortgage with the property (the property area is 336.85 square meters, and the mortgage registration was carried out on November 16, 2011). After that, because the main debtor failed to perform the repayment obligation in accordance with the contract, the bank sued the main debtor and four guarantors Zhang, Li, Wang and a holding group company in Hangzhou to the court.

In June 2015, the Shangcheng court ordered the main debtor to bear the repayment obligations including principal and interest, case acceptance fee, etc. four guarantors shall bear the guarantee responsibility according to the guarantee contract. The plaintiffs Bank has the priority to be compensated for the mortgage propertys discount, auction and sale proceeds. After the first trial decision came into effect, the plaintiff applied to the court for compulsory execution because the defendant failed to perform.

Li refused to accept the effective judgment of the first instance and applied to the Hangzhou intermediate court for retrial. At that time, the Hangzhou intermediate court also brought the case to trial. With the consent of the applicant, the execution procedure of the case ended.

After that, in the final judgment of Hangzhou Intermediate Court on the case, the realization of the mortgage of the above-mentioned real estate was made clear again: after the bank realized the mortgage of the above-mentioned real estate, two guarantors, Zhang and Li, had the right to recover from the principal debtor, a company in Hangzhou.

The judgment of the court has come into effect, and the legitimate rights and interests of the parties in the winning case must be protected.

After receiving this case, we successively posted the notice of sealing up and the notice of retiring within a time limit. However, there were tenants in the villa at that time. We worked hard to get through with the work of tenants. After the tenants moved out, the executee still didnt take the initiative to contact the court. We called and no one answered in the past. In view of this situation, we came to vacate the villa according to law today. Qian Jun, executive director of the comprehensive case management team of the executive board, said.

At present, the villa involved in the case has been vacated according to law, and the next step will be to enter the evaluation and auction process.

Judge reminded

The guarantee contract signed by all parties under the expression of true intention is legal and effective and binding on all parties.

Where the parties agree in the suretyship contract that the surety and the debtor shall be jointly and severally liable for the debts, it shall be a suretyship of joint and several liability. Unless the main contract is not established, invalid or revoked, if the debtor of the joint and several liability guarantee fails to perform the debt at the end of the debt performance period specified in the main contract, the creditor may require the debtor to perform the debt or the guarantor to bear the guarantee liability within the scope of its guarantee. The surety shall have the right to recover from the debtor after assuming the suretyship liability.

Therefore, when signing the guarantee contract, the parties must carefully review according to their own guarantee ability, and never bring unnecessary troubles to themselves because of the face obstruction and negligence of legal risks.

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