Civil conciliation statement of Hubei Provincial People's Court
Appellant (defendant in the original trial): China Construction Bank, Xiaogan Branch, Hubei Province (hereinafter referred to as Xiaogan Construction Bank), with its domicile atNo. 120 Chengzhan Road, Xiaogan City, Hubei Province.
Representative of Bank President Wang Mingxing.
Authorized Agent: Zhang, lawyer of Hubei Huanghe Law Firm.
Authorized Agent: Hu, lawyer of Hubei Huanghe Law Firm.
Appellee (plaintiff in the original trial) Guangzhou Tuoye Group Co., Ltd. (hereinafter referred to as Tuoye Group), whose domicile is No.5 1 Zhongshan 1st Road, Guangzhou City, Guangdong Province.
Legal Representative: Feng Wei, chairman of the board of directors of this group.
Authorized Agent: Wang Yingdong, cadre of the People's Government of Xiaogan City, Hubei Province in Guangzhou Office.
Authorized Agent: Huang Hong, lawyer of Hubei Shuihu Law Firm.
Cause of action: dispute over refund of payment.
The appellant Xiaogan Construction Bank refused to accept the civil judgment of Xiao Minsan No.89 (2003) of Xiaogan Intermediate People's Court of Hubei Province, and appealed to our court, requesting the court of second instance to cancel the original judgment, rejecting all the claims of the appellee Tuoye Group, and bearing all the litigation costs of this case.
It was found through trial that Xiaogan Yin Jian Industrial Development Corporation (hereinafter referred to as Yin Jian Company) applied to Xiaogan Intermediate People's Court for execution of this case after the civil judgment of (1995) Xiaojingchuzi No.39 came into effect. The first floor of Guangzhou Huangpu Avenue 105 owned by Xiaogan Material Cooperation Corporation (hereinafter referred to as Material Cooperation Corporation) has been leased to Zhang Chaocheng, and Zhang Chaocheng subletted the house to Guangzhou Tuoye Co., Ltd. (hereinafter referred to as Guangzhou Tuoye), so Xiaogan Intermediate People's Court issued a notice of assistance in execution to Guangzhou Tuoye and Zhang Chaocheng on 1995 12. The rent paid by Juck Zhang to IOT Company is directly transferred to Xiaogan Intermediate People's Court, and then transferred from Xiaogan Intermediate People's Court to CCB, with a monthly rent of 74,000 yuan (RMB, the same below). Subsequently, at the request of CCB, the first floor of Room 0/05, Huangpu Avenue, Guangzhou, was entrusted for evaluation, and the property was prepared to be transferred to CCB at a fixed price or by auction, so as to obtain funds and fulfill CCB's due right to compensation. On March 4, 1997, Xiaogan Intermediate People's Court accepted and mediated the dispute over the house escrow agreement between Xiaogan Economic Development Corporation and Materials Association Company. Xiaogan Economic Cooperation and Development Corporation filed an execution objection with Xiaogan Intermediate People's Court on April 1997+0 1, and Xiaogan Intermediate People's Court made (1997) the civil ruling of Xiaojing Zhi Zi No.65438+. After that, CCB submitted the complaint materials to our hospital on August 28th 1997, and our hospital instructed Xiaogan Intermediate People's Court to retry on September 30th with (1997) Efahan No.5, Xiaogan Intermediate People's Court issued (1997) Xiao Jing Jian ZiNo. 1 2/0 and Xiao Jing Jian Zi No.655 revocation (1997) Xiao Jing Jian ZiNo.1civil ruling and (1997) The conclusion is that IOT Company does not enjoy the property right and the right to dispose of the first floor of Huangpu Avenue 105 in Guangzhou, as indicated in the civil rulings of February 26th 1998 and 1997. Xiao Jing Jian Zi 12-3 was issued, and the property right on the first floor of Huangpu Avenue 105 was still confirmed as the office of Xiaogan Municipal Government in Guangzhou.
Bi, the legal representative of CCB, and Tu Zhi, the entrusted agent, respectively issued the entrustment procedures to the former Guangzhou Extension Industry on June 5438+096+065438+ 10/2, June 5438+04, June 5438+05, 2005, providing Xiaogan City with the entrustment procedures. CCB applied for the executor based on the construction behavior confirmed by Xiaogan Intermediate People's Court, with IOT Company as the executor, and guaranteed the property rights judged by the legal documents that the first floor of Huangpu Avenue 105 in Guangzhou charged a monthly rent of 74,000 yuan for nearly one year. As stipulated in the housing compensation contract, if either party breaches the contract, it shall pay the other party a penalty of 2 million yuan. 1June 1996 1654381October15th, the former Guangzhou Tuoye handed over a bank draft of 2 million yuan to Tu Zhi, and Tu Zhi and Bi signed the receipt with the official seal of CCB and the words "special financial seal". 1February 26, 1997, CCB also signed the House Transfer Contract with Guangzhou Tuoye, stipulating that CCB will locate the company that mistakenly belongs to IOT in accordance with the civil rulingNo.12.10000000606 of Xiaogan Intermediate People's Court. The total price is 465 yuan, which was paid to Tu Zhi and Bi on June 5, last year), and CCB promises to transfer the property right to Guangzhou Tuoye within 6 months, and the transfer fee will be paid by Guangzhou Tuoye. After that, CCB did not complete the house transfer formalities as scheduled, that is, it found Guangzhou Tuoye again on February 23 1998 (at this time, Guangzhou Tuoye was renamed Tuoye Group). On the one hand, it shows that the case is being retried, on the other hand, it is suggested that it can be handled immediately, and Tuoye Group is required to pay another 500,000 yuan as transfer fees. Tuoye Group paid another 500,000 yuan to CCB, and CCB also issued a receipt of 500,000 yuan. In 2000 1 month 1999, 15 and July 1 day, CCB sent letters to Tuoye Group, confirming that the loan of 2 million yuan from Tuozhi and the loan of 500,000 yuan at the later stage of the transfer fee had been transferred to the company, and that both payments were made on 1 month/kloc. And bear the corresponding economic losses. It is also admitted in the Description that the monthly rent of 74,000 yuan from the materials association company extracted by Xiaogan Intermediate People's Court has been transferred to the payment company, and the official seal of CCB is stamped with the words "special financial seal". Later, Tuoye Group learned that the property right of the first floor of Guangzhou Huangpu Avenue 105 had changed hands, that is, on April 9 and June 4, 2002, it sent telegrams and letters to Xiaogan Construction Bank, demanding an early refund of 2.5 million yuan, which failed to cause disputes. Tuoye Group appealed to Xiaogan Intermediate People's Court in August, 2003, requesting that Xiaogan Construction Bank be ordered to refund the 2.5 million yuan house purchase money received in advance by CCB and bear the corresponding economic losses.
It was also found that CCB, a subsidiary of Xiaogan CCB, was established on June 22, 1992, and served as the general manager until the company was cancelled, although Xiaogan CCB appointed Luo Jianwu as the general manager of CCB in 1994 with the document "Yin Zi (1994)No. 15".