Executor of application: _ _ _ _ _ _ Co., Ltd.
Legal Representative: XXX Job Title: _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Executed person: Wang Moumou, female, Han nationality,/kloc-0, born on February 2, 982, ID number * * * * *, living in changge city, Henan Province.
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The request for auction, sale or other enforcement measures of the house (Property CertificateNo. * * * * * *) is located in the name of the legally executed person in changge city.
Facts and reasons
The dispute over the execution of the financial loan contract between the applicant executor and the person subjected to execution has been filed and accepted by your hospital. During the execution of this case, the person subjected to execution refused to perform the repayment obligation. According to Article 1 of the Supreme People's Court's Provisions on Auction and Sale of Property in Civil Execution of People's Courts and Article 7 of the Supreme People's Court's Provisions on Seal-up, Seizure and Freezing of Property in Civil Execution of People's Courts, the applicant executor requests your court to immediately auction, sell off or take other enforcement measures for the house located in changge city under the name of the executor. The reason for this is the following：
1. At the trial stage of this case, your hospital has taken property preservation measures to seal up the above-mentioned houses under the name of the executed person according to the application of the executed person. Upon investigation, the person subject to execution and the person subject to execution are ***2 persons. In judicial practice, the housing necessary for the minimum living standard of the executed person and his family members can refer to the local low-rent housing application standard, with an area of 65,438+0.6m2 per person. Therefore, in this case, the housing area necessary for the life of the executed person and his dependents is 32㎡, while the building area under the name of the executed person is 136.24㎡, which is far beyond the scope necessary for his life.
2. The identity information of the person subjected to execution shows that his domicile is * * * * * in changge city, Henan Province, and the property under the name of the person subjected to execution is located at * * * * * in Dongming Road, changge city. After many visits by the person subjected to execution and two investigations in your hospital, it is not found that the house where the person subjected to execution is located is located in * * * * *, which is enough to show that the person subjected to execution has at least two sets of habitable houses.
3. The provisions of Article 7 of the Provisions of the Supreme People's Court on the Attachment, Seizure and Freezing of Property in Civil Execution by People's Courts are aimed at protecting the basic life and residence rights of the person subjected to execution, but protecting the residence rights of the person subjected to execution does not mean protecting the house ownership of the person subjected to execution. Housing is a citizen's means of subsistence and a fixed asset. When the house only meets the needs of life, there is no need to own a house. The key point of protecting the right of residence of the person subjected to execution is to let the person subjected to execution have a house to live in, not to let the person subjected to execution continue to own assets. Therefore, the right of residence of the person subjected to execution can be guaranteed by renting a house, and the standard of renting a house should be determined with reference to the "minimum living standard".
Of course, the application executor also considered the factors of maintaining social harmony and humanizing the implementation measures. According to the current judicial practice experience and the actual situation of this case, the application executor agrees and suggests that your hospital adopt the following implementation plan:
1. Your hospital examines whether this house exceeds the daily necessities of the executed person.
2. Your hospital entrusts an appraisal institution to appraise the house.
3. The application executor may provide temporary housing for the person subjected to execution as transitional housing.
4. Your institute entrusts an auction agency to auction this house.
5. The person subjected to execution agrees to keep the corresponding price in the auction price for the person subjected to execution to buy or rent the house by himself.
To sum up, in order to safeguard the legitimate rights and interests of the person subjected to execution, and to combat the fluky psychology of the person subjected to execution in evading legal responsibilities and the seriousness of your judgment, we request your hospital to immediately enforce the house located in Dongming Road, changge city under the name of the person subjected to execution.
This demonstration
_ _ _ _ _ Provincial Intermediate People's Court Zheng _ _ _
Executor of application: _ _ _ _ _ _ Co., Ltd.
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