After requiring both parties to submit additional written evidence, the court will try again at another day.
In August 2019, Jiujiang Jiancheng received a petition and was required to pay more than 20 million yuan for property damage. According to the complaint filed by the plaintiff Xinyu Yuewen No.3 investment management partnership (limited partnership) (hereinafter referred to as Xinyu Yuewen), Jiujiang Jiancheng cheated the Dayawan Land Bureau of Huizhou City by improper means. After claiming that the land ownership certificate was lost and reissued, the plaintiff Xinyu Yuewen handled the land transfer without permission, resulting in the plaintiff Xinyu Yuewen unable to obtain the land, It has seriously damaged its rights and interests.
Jiujiang Jiancheng said in the lawsuit that the company and all shareholders had no knowledge of the matter before receiving the petition, and even did not know that the company owned the land assets involved in the case.
First financial reporter learned that Jiujiang Jiancheng company had already existed in name. According to Tianyan information, Jiujiang Jiancheng company was revoked on July 23, 2018. Peng Guoxing, the former legal representative, held 20% of the companys shares and Zhejiang Jinneng Holding Co., Ltd. held 80% of the shares.
He Ruliang, a shareholder of Zhejiang Jinneng Holding Co., Ltd., told reporters that in 2007, he bought Jiujiang Jiancheng in partnership, hoping to develop a real estate project in Jiujiang. At that time, he did not know that the company had the above land assets involved in the case. Later, due to the stagnation of project development, the company became an empty shell company and did not carry out business on a daily basis.
Facing the lawsuit filed by Xinyu Yuewen, Jiujiang Jiancheng company also launched a series of investigations. Jiujiang Jiancheng said, through file investigation, it is found that there is indeed a piece of land under our name (that is, the land involved). This land was handled through the loss of land ownership certificate and the transfer of land ownership in 2010 and 2011. At present, Huizhou Jiabao real estate has developed it, and the relevant real estate projects are under pre-sale.
As for the procedures for the transfer of the ownership of the land, Jiujiang Jiancheng said, it was not done by myself, but someone else forged the information to transfer it. In the face of a series of forged materials, Huizhou Municipal Bureau of natural resources even allowed the transfer of land to succeed, so it sued Huizhou natural resources bureau.
True and false official seal
The plaintiff Jiujiang Jiancheng insisted that the company, the companys legal representative Peng Guoxing, and all shareholders of the company had no knowledge of the matters concerning the supplement of land use right certificate in 2010 and the transfer of land use right in 2011 as described in the original petition. At the same time, the companys seal, the copy of the ID card of the legal representative Peng Guoxing and the signature of Peng Guoxing himself appeared in the materials of applying for and transferring the land use right certificate are all false and forged.
Jiujiang Jiancheng said that during the whole operation process, some people took fake power of attorney and copy of false ID card to reissue the companys state-owned land use right certificate under the examination and registration of Huizhou Natural Resources Bureau, and transferred the companys land use right at a low price with the supplementary state-owned land use right certificate.
Faced with the complaint of Jiujiang Jiancheng, Huizhou Natural Resources Bureau said in the court that when the plaintiff company handled the transfer registration procedures, the application materials submitted by the plaintiff company were stamped with the companys official seal, which should be deemed that the plaintiff had known the administrative act involved in the case at that time. The transfer has been for 10 years, exceeding the time limit for prosecution. The defendant has fulfilled the basic duty of Prudential examination. In the case that his materials are stamped with the companys official seal, the defendant has no ability to identify the authenticity of the official seal, and the administrative act is legal and effective.
As for a series of fake materials, Jiujiang Jiancheng said that the companys official seal could not be recovered because the company had not operated normally for a long time; the materials used were copies of Peng Guoxings first generation ID card, while Peng Guoxing used the second generation ID card at that time.
On November 20, a staff member surnamed Huang from the office of Huizhou Natural Resources Bureau told reporters from the first finance and Economics Bureau that the case was carried out according to the court procedures, and there was no interview available at present. Zhang Maorong, chief lawyer of Xinrong (National) real estate lawyer team, told reporters from first finance and economics that when government agencies go through approval procedures, they should carry out two procedures: formal review and substantive review. The administrative organ needs to examine whether the application materials are complete and conform to the legal form. At the same time, it is also necessary to compare and verify the copy materials with the original ones. Zhang Maorong said that in the case, if the administrative organ only checked the copy and did not check any original, it would be a serious error in the process of performing its administrative duties and should bear corresponding responsibilities; if the relevant original is checked, even if the original may be fake, it is difficult for administrative staff to identify objectively during the verification, which is also the best The obligation to review. Source: editor in charge of Finance and Economics: Zhong Qiming_ NF5619
On November 20, a staff member surnamed Huang from the office of Huizhou Natural Resources Bureau told reporters from the first finance and Economics Bureau that the case was carried out according to the court procedures, and there was no interview available at present.
Zhang Maorong, chief lawyer of Xinrong (National) real estate lawyer team, told reporters from first finance and economics that when government agencies go through approval procedures, they should carry out two procedures: formal review and substantive review. The administrative organ needs to examine whether the application materials are complete and conform to the legal form. At the same time, it is also necessary to compare and verify the copy materials with the original ones.