※ Application for execution objection 1 Objection Applicant: China Bank Co., Ltd. _※※※※※ Sub-branch.
※ address: address
※ Person in charge: Position: President.
Requested items:
Request not to execute (20) civil ruling No.2 of Min Si Zi, and lift the freezing measures for No.3 pledge deposit account 3 set up by the joint stock limited company at the dissenting applicant.
Facts and reasons:
※※※※※※※ On, month, month, month, and day, the limited company applied to China Bank Co., Ltd. ※※※※※※※※※ Sub-branch and signed four bank acceptance agreements. According to the agreement, the dissenter issued seven bank acceptance bills * * *, with a total amount of. ※ The Limited Company will take 3 ※※※100% of the draft amount as the deposit for payment of the acceptance draft at maturity, and this deposit will be deposited into the special account of the dissenting applicant before the date of issue, and the deposit account is 3※※3.
Your hospital has made (20) (20) (20) (20) (20) (20) (20) (20) (20) (20) (20) (20) (20)(20) (Account where the funds are located: 3) ※※※ 3 is the bank acceptance bill pledge deposit account, and the objection applicant has the priority to be compensated for this deposit. In the Notice (Receipt) of Assistance in Freezing Deposits (No.4), the dissenting applicant declared to your institute that "this account is a bank acceptance bill deposit account".
According to the provisions of Article 85 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Guarantee Law of People's Republic of China (PRC), the deposit has been specified and the applicant occupies it based on the pledge right. ※※※※※ Your institute can't deduct the funds in the deposit account of the executed person.
Based on the above reasons, if your hospital enforces (20) ※※※※※※※※※※※※※※ Minsi ruled that the bank deposit of the executed person is 9 million yuan, which will damage the legitimate rights and interests of the respondent. Please ask your hospital to suspend the execution of this payment.
To sum up, the dissenting applicant objected to the execution of this case according to relevant laws and regulations, and requested your institute to find out the facts, safeguard the legitimate rights and interests of the dissenting applicant, refuse to execute it, and lift the freezing measures for the pledge deposit account of Limited Company. ※.
I am here to convey
People's court ※
Objection applicant: China Bank Co., Ltd. ※※※※※※ Sub-branch.
20 ※※※ Year ※ Month ※ Day
Attached:
1, bank acceptance agreement in 4 copies;
2 "Margin Pledge Contract" in quadruplicate;
3.7. Bank acceptance bills;
4. Seven deposit receipts.
Application Form for Implementation Objection 2 Applicant: _ _ _ Limited Development Company
Legal Representative: _ _ _ _ _ _
After our company applied for a loan from the people's court, our company has repaid RMB _ _ _ _ _ _ _ million in cash. And _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ That is to say, our company has far exceeded the amount to be paid, and now _ _ _ _ _ _ _ company has applied to auction our company.
To sum up, the applicant believes that in this case. The applicant has fully fulfilled his obligations in the judgment, and there is no factual and legal basis for your institute to continue to auction our commercial housing. We hereby propose an execution objection to your hospital, requesting your hospital to terminate the execution of this case according to the facts.
I am here to convey
_ _ _ _ _ _ City Legal Person People's Court
Applicant: _ _ _ Limited Development Company.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Application for enforcement of Objection III Applicant: Cao xx, male, Han nationality,1born on October 27th, xxx, 165438, ID number: xxxxxxxxxxxx, address: No.48 Shengli Road, xx City, Chongqing, and telephone number: xxxxxxxxxxxx.
Xx rural credit cooperative union (hereinafter referred to as the plaintiff) v the applicant for a loan contract dispute, which was tried in absentia by the people's court of xx City, Chongqing, and made a first-instance judgment of (20xx) Yong Min Chu ZiNo.. Made by xxx, which has taken legal effect and has entered the execution procedure. According to the ruling of (20xx) Yongminzhi. Xxxx, your hospital has taken measures to freeze and transfer the applicant's bank deposits. The applicant believes that the original effective judgment found the facts wrong and infringed on the legitimate rights and interests of the applicant, and hereby raises an objection.
Requested items:
I. The execution of (20xx) Yong Min Zhi ZiNo. 10 1 was suspended. Xxxx award;
Two, suspend the payment to the plaintiff has been deducted from the applicant's funds, so as not to cause the applicant's loss is irreparable;
Three, unblock the frozen account of the applicant, so as not to expand the loss of the applicant.
Facts and reasons:
In 20xx, the applicant's bank account was seized and frozen, and part of the money was deducted, which caused great damage to the applicant's property and reputation. We learned from your hospital that the case of xx rural credit cooperative union v. the applicant for loan contract dispute was tried by your hospital in absentia, and the judgment of first instance was (20xx) Yong Min Chu Zi No. 1683 Enter the execution program. The applicant is deeply indignant at this effective judgment, and raises objections with the following reasons:
1. The applicant has never borrowed money from the plaintiff, and the applicant knows nothing about the plaintiff and borrowing 40,000 yuan from the plaintiff. From February 9, 65438+xxx (the plaintiff claimed that the applicant borrowed money) to 10 19 (the time when the plaintiff sent the dunning notice), the plaintiff never telegraphed, wrote or asked for a loan for many years, and the applicant never received the dunning notice or other written documents from the plaintiff.
2. The applicant has never received the litigation documents and notices about this case from your hospital, and knows nothing about the progress of the litigation procedure in this case. It is hasty and wrong for the court to make a judgment by default without receiving any litigation documents and notices.
The applicant has lived in 08x 1x3, Shengli Road, xx City for many years. My family and children also live here, and the plaintiff never left during the lawsuit. As long as the plaintiff and the court want to get in touch with the applicant, they can get the communication method and address through various channels; If the court can fulfill its obligation to inform, there is no reason for the applicant not to know about the loan or even the lawsuit. The court only relied on the sentence "the applicant's whereabouts are unknown" in the plaintiff's interrogation record, which violated the rigor and authority of the law and was obviously reckless and irresponsible.
3. The applicant has never borrowed money from the plaintiff, and the applicant has never entrusted others to borrow money from the plaintiff.
After the applicant copied the relevant materials from the court, after careful identification, the applicant did not sign the loan application, mortgage loan contract, real estate mortgage contract, loan receipt and other documents, and the signatures on these documents were all signed by others using their own names. At the same time, the applicant did not entrust anyone to borrow money from the plaintiff. Accordingly, the applicant should not bear any legal responsibility for repayment, and the judgment of the court of first instance on the applicant's repayment lacks factual and legal basis.
Four, the plaintiff's loan application, mortgage loan contract, real estate mortgage contract, loan receipt and other documents used to prove the "loan relationship" with the applicant, should not be used as the basis for judgment. My signature in the above-mentioned evidence submitted by the plaintiff was forged by others. Therefore, it is against common sense and law to make a judgment by default without fulfilling the obligation of informing without verifying the authenticity of the evidence.
5. The evidence provided by the plaintiff shows that the loan period is from19x65438+February 9 to19x65438+February 7, so the applicant should make a dunning or bring a lawsuit against the applicant before February 7, 20xx (even if it is not the applicant's loan). The plaintiff didn't send a dunning notice to the applicant until 20xx 10 19, and filed a lawsuit with the court until June 8, 20xx. The plaintiff's lawsuit was four years earlier, and the court still made a judgment in favor of the plaintiff without receiving the notice, which is wrong.
To sum up, the applicant believes that the original effective judgment found the facts wrong, and now, according to the provisions of Article > 204, we hereby apply to your hospital for suspension of execution, so as to find out the facts and protect the applicant's legitimate rights and interests from infringement.
I am here to convey
Xx Municipal People's Court
Applicant: xx
Time:
Application for execution of objection 4 ** County People's Court:
Applicants XX and XX filed an application for execution objection to your hospital, requesting the court to cancel the civil rulings of XX court (* * * *)No. XX and (* * *)No. XX, and to lift the compensation for house demolition seized by XX county house expropriation and processing center. The reason for this is the following：
On * * * *, my father * * * divorced my mother * * *, and the house is located in * * * Street District, * * County (No.of the property certificate is: * F.Q.Zi.No. * * * * *, with a building area of * * * square meters; * The fact is that the building area of F.Z.No. * * * * * was given to the applicant. However, in * * *, when the house was not transferred, the parents used the house to mortgage a loan of * * million yuan to * * *, and went through the mortgage registration procedures, and the mortgage period was * * years.
(**********)。 * * * The house was still in the mortgage period when * * * was to be demolished. As of * * * * *, the principal and interest of the parents' mortgage loan has been repaid by * * * million yuan, and the outstanding amount is more than * * million yuan. According to the law, the mortgagee has the priority to get compensation for demolition, and the court ruled that the seizure first violated the interests of the mortgagee. Therefore, the applicant has decided to cancel the application for execution objection, please approve it!
I am here to convey
* * * People's Court
Applicant:
* * * * Year * Month * * Day
Applicant: name, gender, age, nationality, home address, telephone number, etc.
Request: Request to lift the compulsory enforcement measures such as the seizure of the applicant's house in Building XX, XX Community, XX City.
Facts and reasons: Your court has made a judgment on the case of Du XX v. Wang XX, which has taken effect. However, the house originally owned by Wang XX, located in Building XX, XX Community, XX City, was transferred to the applicant the year before last, as evidenced by the sales contract and notarial certificate of both parties. Therefore, the house located in Building XX, XX Community, XX City has been owned by the applicant, and it is wrong for your hospital to enforce it as the property of Wang XX. It has seriously infringed upon the legitimate rights and interests of the applicant, and the applicant hereby raises an objection to your hospital, demanding to lift the compulsory enforcement measures such as the seizure of the applicant's house in XX community, XX city, and hope to allow it according to law.
XX Municipal People's Court
Applicant: XXX
XXXX year x month XX day
Outsider in the application for execution of objection: Li XX, male, Han nationality,1born on May 23rd, 960, living in Row X, Yard XX, Qingnian East Road, XX Town, zhongmou county, with the ID number of 41019xxx5230xxx. Tel: 13937 1XXXX
Applicant executor: XX Road Sub-branch of Bank of Zhengzhou Co., Ltd. (formerly XX Road Sub-branch of Zhengzhou City Commercial Bank), address: Building A, Building XXX3 1-3, Jinshui District, Zhengzhou City;
Person in charge: XXX position: manager
Executed: Ran XX, male, Han nationality,/kloc-0, born in March 1970, living at No.38 Dongshang, XX, zhongmou county, with ID number; 41012219x0x010xx9, tel: 13608XX27XX.
Application request:
1. Request to cancel the execution ruling of Jinshui District Court (20xx) Jinzhizi No.268-1;
2. Request to lift the seizure of the house located on the fourth floor of Building 2 at the southeast corner of Guandu Street and Chengdong Road in zhongmou county, and stop the auction.
Facts and reasons: Li XX, an outsider, and Ran XX, the executed person, entered into a house sales contract orally on April 29th, 20xx. According to the agreement, the executed person Ran XX sold the house on the fourth floor of Building No.2 at the southeast corner of Guandu Street and Chengdong Road in zhongmou county to Li XX, and Li Yuzhong, an outsider, moved into the house after paying all the house price of RMB 80,000. On September 10, 20xx, the executed person Ran xx mortgaged the house to XX Road Sub-branch of Zhengzhou City Commercial Bank (now XX Road Sub-branch of Bank of Zhengzhou) without authorization, and went through the mortgage registration procedures. Now XX Road Sub-branch of Zhengzhou City Commercial Bank has applied to the court to seal up and execute the house involved, and the applicant thinks that the people's court will seal it up and execute it.
This behavior violated their legitimate rights and interests. According to Article 28 of the Provisions of the Supreme People's Court on Several Issues Concerning the People's Court Handling Objection Reconsideration Cases and Article 17 of the Provisions of the Supreme People's Court on the Attachment, Seizure and Freezing of Property in Civil Execution of People's Courts, they requested the people's court to cancel the execution ruling (20xx) J.Z.No. 268- 1, lift the attachment of the houses involved and stop execution.
I am here to convey
Jinshui district people's court
Applicant:
date month year
Provisions of the Supreme People's Court on Several Issues Concerning People's Courts Handling Cases of Objection to Execution and Reconsideration with Relevant Legal Basis
Article 28 When executing monetary creditor's rights, the people's court shall support the buyer's objection to the real estate registered under the name of the person subjected to execution, if it meets the following circumstances and his rights can be excluded from execution:
(a) the people's court has signed a legal and effective written sales contract before the seizure;
(2) It has legally occupied the real estate before the people's court seals it up;
(3) Pay all or part of the price as agreed in the contract, and deliver the remaining price to the people's court for execution as required;
(4) The transfer registration is not handled due to the buyer's own reasons.
Provisions of the Supreme People's Court on Attachment, Seizure and Freezing of Property in Civil Execution of People's Courts Article 17 If the person subjected to execution sells all the property that needs to be registered for transfer to a third party, and the third party has paid part or all of the price and actually occupies the property, but has not gone through the transfer registration formalities, the people's court may attach, detain and freeze the property; The people's court shall not seal up, detain or freeze a third person who has paid the full price and actually possessed it, but has not gone through the transfer registration formalities, and the third person is not at fault.
Application for execution objection 7
Objection: Fang XX, female, Han nationality, born in XX1963, living in XX Road, XX District, XX City, with the ID number of XX ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
In the process of applying for enforcement of civil judgment (20xx), Suinan Faminyi 14 1 the executed person Liang xx and the industrial development company of XX District, your hospital mistakenly took the property of the dissenter outside the case, namely,No. XX Avenue, XX District, XX City, and the dissenter raised an execution objection according to law.
Requested items:
Immediately stop the execution and return the property of the dissident to the property located at No. XX District Nansha Street ××××× Avenue.
Facts and reasons
On April 2, 20xx, the dissident Fang XX signed a Real Estate Sales Contract with the industrial development company of the executed person XX, stipulating that the executed person would sell his house located in the house XX. According to Article 17 of the Provisions of the Supreme People's Court on the Attachment, Seizure and Freezing of Property in Civil Execution of People's Courts, the executed person sold all the property that needed to be registered for transfer to a third person, and the third person paid part or all of the price and actually possessed the property. The people's court shall not seal up, detain or freeze a third person who has paid the full price and actually possessed it, but has not gone through the transfer registration formalities, and the third person is not at fault.
To sum up, the dissident is an outsider, and it is obviously wrong for your hospital to enforce the property of the dissident. In accordance with the provisions of Article 202 of the Civil Procedure Law, if any objection is raised, please immediately suspend the execution of the above-mentioned property, make a comeback, and earnestly safeguard the legitimate rights and interests of the objector.
I am here to convey
XX District People's Court
Against:
Date:
Objection to application for execution Article 8 Applicant: He Mou, female, born on XX, XX, address: XXXXX, now unemployed.
Request: Request not to execute the ruling of Shenzhen Intermediate People's Court (20xx) with the word XX deep. Facts and reasons:
The case of Chai Mou v. Wang Mou's private lending dispute came into effect on April XX, 20xx after the final judgment of Shenzhen Luohu District People's Court and Shenzhen Intermediate People's Court. The Shenzhen Intermediate People's Court ruled that the property owned by the applicant in XXXXXX was enforced, depriving the applicant of his legitimate rights and interests.
1. The applicant is unaware of the loan relationship between Chai and Wang.
1. Chai Chengwang borrowed RMB 500,000 from him on XX, XX, XX. The applicant didn't know about this, and Wang never used the applicant's 500,000 yuan to live with the Wangs.
During the marriage relationship between the applicant and Wang, both parties have stable jobs and lives, family members are healthy, there is no major expenditure in family life, and there has never been any large investment behavior. There is no need to borrow such a huge debt from Chai. Wang borrowed from Chai without telling the applicant, but did not use the loan for family life. 2。 Chai only relied on a loan with major flaws to prove that Wang borrowed 500,000 yuan from him, and the facts were ambiguous. First, Chai lent a huge sum of 500,000 yuan, and I don't know where the king spent it. How to repay? The IOU provided by Chai to prove that Wang owed him 500,000 yuan, not only the unit of the amount was unrecognizable, but also the necessary conditions such as repayment period and repayment method were not specified, which was inconsistent with the daily significance. Second, there has always been an affair between Chai and Wang, and this iou is Chai Zhijie's guarantee to coerce Wang to maintain his proper relationship. The so-called borrowing money is completely false. Third, even if Wang provided Chai Zhijie with a loan of 500,000 yuan, it should be regarded as a gift from Wang to Chai, which did not take effect before the actual delivery. 2. The applicant and Wang divorced on XX, XX by the civil affairs department, and the property executed in this case has been divided according to law and belongs to the applicant. The court ruled that the property under the applicant's name was executed without trial, depriving the applicant of the litigation rights he should enjoy according to law.
1. The trial of the case of private lending dispute between Chai and Wang lasted 1 year for XX months. During this period, Chai did not file any lawsuit against the applicant, and the court did not let the applicant participate in the trial as a co-defendant or a third party.
2. The applicant and Wang divorced on XX, XX by the civil affairs department, and the property executed in this case has been divided according to law and belongs to the applicant. The court's decision to enforce all the property of the applicant is an "untried judgment" for the applicant, depriving the applicant of his litigation rights according to law.
To sum up, the applicant objected to the execution of this case and asked the court to find out the facts and safeguard the legitimate rights and interests of the applicant, and refused to execute it.
Shenzhen Luohu District People's Court
Objection to application for execution 9 Objection outside the case: (individual) name, address and ID number. Entrusted agent information.
Objection (original executor): name, domicile and legal representative of (company). Entrusted agent information.
Objection (original executor): same as above.
Requested items:
Requesting the court to suspend the seizure (or freezing, auction, etc.).
Facts and reasons:
In the process of executing the award. If you enforce the law, your hospital will seal it up (or freeze it, auction it, etc. ) property, because the property belongs to the objector, now you file a written objection and request your hospital to cancel (or stop or suspend) the execution of the property.
(explain reasons and legal basis)
I am here to convey
_ _ Municipal People's Court
Applicant:
Date:
Objection to application for execution 10 Applicant: * * * *, address * * * Hefei, Anhui Province.
Legal Representative: * * *, * * * * *
Request: seize * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *.
Your college has closed down the business of * * * * * * * * * because of the loan dispute between * * * *.
Pinfang (hereinafter referred to as commercial housing). The applicant now opposes the seizure for the following reasons:
First, the ownership of commercial housing belongs to the applicant. The applicant and * * * * opened the * * * Center in Hefei and signed the Commodity House Purchase and Sales Contract (hereinafter referred to as the "Contract") with the number of * * * * to sell the commodity house to * * *. According to the contract, * * * shall pay the down payment of RMB 65,438+005,453 on the date of signing the contract, and apply for bank mortgage of RMB 240,000 before 65,438+0 in 20xx; At the request of * * * *, the applicant agrees that * * will actually pay part of the down payment of 36,362 yuan on 20xx1October 3 1 day, and the balance of the down payment of 6909 1 yuan * * * promises to pay it before February 28 12. However, * * on February 28th, 20xx, the down payment of 6909 1 yuan was overdue, and no bank mortgage was applied. Since then, the whereabouts of * * * * is unknown. Although the house has been put on record, it has not been registered for property rights. People's Republic of China (PRC) property right law
Article 9 clearly stipulates: "The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. " Based on this, it can be concluded that the ownership of the house has not been transferred, and it still belongs to the applicant and is the legal property of the applicant.
Secondly, according to the arbitration clause stipulated in the contract, the applicant applied to Hefei Arbitration Commission for arbitration on October 4th, 20xx65438. Hefei Arbitration Commission tried the case in absentia according to law, and decided to terminate the contract with Avadnoy. * * * * * * * * *.
Third, Article 19 of the Provisions of the Supreme People's Court on Attachment, Seizure and Freezing in Civil Execution of People's Courts clearly stipulates: "If the person subjected to execution purchases the property of a third party that needs to be transferred, and has paid part or all of the price and actually occupies the property, but the application executor has paid the remaining price to the third party or the third party agrees to give priority to paying the remaining price from the property price, the people's court may attach, detain and freeze it." In the case of loan dispute between * * * * and * * *, * *, as the executor of the application, failed to pay the remaining price to * * * * *; * * * * * also does not agree to give priority to the payment from the changed property price. Therefore, your institute cannot seal up the commercial house of * * * *.
Based on the above two reasons, the applicant thinks that the seizure of commercial housing by your institute is wrong, which damages the legitimate rights and interests of the applicant. The applicant hereby raises an objection and requests your institute to lift the seizure of commercial housing.
I am here to convey
Hefei * * * * * People's Court
Applicant: * * * * * * * * * * * * * *
Date, year and month