Recently, the Shanghai Maritime Court announced that a ship under construction of Nantong Jiaolong Heavy Industry Development Co., Ltd. with a cost of about 300 million yuan was seized by the judiciary due to a dispute over ship financing lease. The financial leasing company applied to the court for enforcement, and the shipyard entered the bankruptcy liquidation procedure due to poor management. Trass Private Limited in Singapore also filed an execution objection against the outsider. There is a heated debate among the three parties about the ownership of the ship involved and whether the lawsuit of execution objection can be filed in the bankruptcy liquidation procedure. Finally, the Shanghai Maritime Court heard the case and made a first-instance judgment, confirming that the ship involved was owned by Trass Company and could not be executed. Neither party appealed.
It is understood that AVIC International Leasing Co., Ltd. sued Jiaolong Heavy Industry to Shanghai Maritime Court because Nantong Jiaolong Heavy Industry defaulted on rent and final payment. After the court heard the case, it made a judgment of first instance. After deducting the lease deposit, Jiaolong Heavy Industry should pay the rent and the final purchase amount of nearly120,000 yuan. After that, AVIC Leasing applied to Shanghai Maritime Court for enforcement of the ship "Haike 66" under construction. Because the registered operator of the ship is Jiaolong Heavy Industry, the Shanghai Maritime Court detained the ship according to law. 2065438+August 2008, Jiaolong Heavy Industry entered the bankruptcy liquidation procedure.
Before the court enforced "Haike 66", Trass raised an objection. From 2065438 to September 2004, Trass signed a sales contract with Jiaolong Heavy Industry, stipulating that Jiaolong Heavy Industry would build and sell a wind power equipment installation ship "Trass Ocean" under construction, namely "Haike 66" registered as Jiaolong Heavy Industry, with a purchase price of 44.4 million US dollars. After signing the delivery agreement with Jiaolong Heavy Industry, Trass Company temporarily registered the ship in Singapore, and the certificate recorded that the ship was named "Trass Ocean", and Jiaolong Heavy Industry continued to build the ship. In order to confirm its ownership of the ship, Trass filed a lawsuit of execution objection and sued AVIC Leasing and Jiaolong Heavy Industry to Shanghai Maritime Court.
In the end, the court held that it is of great significance to confirm the ownership of the ship to judge whether the plaintiff enjoys substantive rights to the applicant executor and whether the ship involved belongs to the bankruptcy property of the defendant Jiaolong Heavy Industry. When the defendant Jiaolong Heavy Industry entered bankruptcy proceedings, the law stipulated that the seizure of the ship involved should be lifted. However, the plaintiff's lawsuit is based on the independent claim of ship ownership, with the intention of opposing the application executor with its ownership and requesting the court to lift the arrest of the ship involved. The plaintiff's lawsuit conforms to the law and still has the interest of litigation. The case should continue to be tried and decided.
In addition, the court also held that according to the ascertained facts, Haike 66, which was legally detained, was what the plaintiff called "Teras Ocean". The ship involved in the case is a ship under construction, but it has the property attribute. It can establish property rights such as ownership and mortgage according to law, and can transfer ownership according to law. The intention of the plaintiff and the defendant Jiaolong Heavy Industry to sign the ship sales contract is clear, which does not violate the mandatory provisions of the law and the corresponding contract is legal and valid. After the signing of the ship transfer agreement, the ownership of the ship has been transferred to the plaintiff, and the plaintiff has obtained the ownership of the ship involved. In summary, the court decided to confirm that the "Trass Ocean" was owned by Trass and stop the enforcement measures against the ship.
In fact, around 20 14 years ago, the capital chain of Nantong Jiaolong Heavy Industry was broken. Due to the arrears of employees' wages, some employees pulled banners at the gate to defend their rights. At the same time, due to the loss of management backbone, chaotic management and chaotic production organization, the enterprise finally entered the bankruptcy liquidation procedure on 20 18 due to insufficient orders and financial difficulties in the later period.
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