Guangdong Shantou Intermediate People's Court
Executive order of the president of the United States
(20 16) Guangdong 05 Zhi Hui Zi No.3
The executor of the application, Chen Bailiang, male, Han nationality, lives in Guancheng District, Dongguan City, Guangdong Province, with the ID number 197X.
Authorized Agent: Jin Chaoyang, lawyer of Guangdong Shuowen Law Firm.
Chen Lingsen, male, Han nationality, lives in Chaoyang District, Shantou City, Guangdong Province.
The executor is Shanghang Lianfu Mining Co., Ltd., whose domicile is Shanghang County, Longyan City, Fujian Province.
Legal Representative: Chen Lingsen, general manager.
Zhou Zepeng, the entrusted agent of the above two executors, is a lawyer of Guangdong Guangcheng Law Firm.
Huang, the entrusted agent of the above two executed persons, is a lawyer of Guangdong Guangcheng Law Firm.
The arbitration case between the executed person Chen Bailiang and the executed person Chen Lingsen and Shanghang Lianfu Mining Co., Ltd., the award No.4887 of Dongguan Branch of Guangzhou Arbitration Commission (20 13) has come into legal effect. According to the ruling, Chen Lingsen should pay Chen Bailiang 300,000 yuan for asset transfer and 65,438 yuan+07,028 yuan for arbitration. Shanghang Lianfu Mining Co., Ltd. shall be jointly and severally liable for the above debts of Chen Lingsen. Chen Bailiang, the executor of the application, applied to our court for enforcement because the two executors failed to fulfill the obligations stated in the above award. The subject matter of the application for execution is 300,000 yuan for asset transfer, 65,438 yuan for arbitration+07,028 yuan, and double payment of debt interest during the delayed performance. On September 28th, 2004, 2065438, our hospital put the case on file for execution.
During the execution of this case, the court ruled that the bank deposit of the executed person Chen Lingsen was frozen by RMB 330,000. Subsequently, the two executors applied to our court to refuse to execute the above-mentioned effective award made by Dongguan Branch of Guangzhou Arbitration Commission, and applied to transfer the bank deposit of RMB 330,000 of the executee Chen Lingsen frozen by our court to our temporary execution account for temporary storage, pending the review result of the application for non-execution. On October 20 14110, our hospital made the execution ruling (2014)No. 18, ruling to terminate the execution of this case, and transferred the bank deposit of RMB 330,000 from the executed person Chen Lingsen to our hospital for temporary execution.
20 14 12.9 our court made a civil ruling (2014) No.30, which ruled that the two persons subjected to execution refused to execute the arbitral award. On March 9, 2065438, Chen Bailiang, the executor of the application, applied to our hospital to resume execution and requested to receive the above execution funds. Our hospital put on record and resumed execution.
In the process of resuming execution of this case, the person subjected to execution Chen Lingsen filed a request for execution objection with our court, rejecting Chen Bailiang's application for resuming execution of the above-mentioned effective award. Our hospital made (20 15) No.8 enforcement ruling on May 3, 20 15, and rejected Chen Lingsen's objection request. Chen Lingsen refused to accept the decision, applied to the Guangdong Higher People's Court for reconsideration, and at the same time filed another case for arbitration with Dongguan Branch of Guangzhou Arbitration Commission. On the grounds that the two cases and the ruling on the execution of this case are related to the same asset and equity transfer contract, he applied to our court for suspension of execution, waiting for the results of the above-mentioned reconsideration cases and arbitration cases, and provided his real estate in Huamei Management District, Guiyu Town, Chaoyang District, Shantou City as a guarantee during the suspension of disciplinary execution of this case. On August 3, 20 15 and 13, our hospital made the execution ruling (20 15)No. 13, ruling to terminate the execution of this case and seal up the above-mentioned property guaranteed by the executed person Chen Lingsen.
On September 2, 2065438, Dongguan Sub-commission of Guangzhou Arbitration Commission made an award of (20 15) Sui Case No.673, and made an award of (20 15) Sui Case No.22 on September 20 10. 2016 65438+1kloc-0/2 application executor Chen Bailiang applied to our hospital to resume execution, and our hospital has filed a case to resume execution.
During the resumption of the execution of this case, Chen Lingsen requested to suspend the execution of this case on the grounds that Dongguan Intermediate People's Court had filed an application for revocation of the arbitral award (20 15), No.673 and No.674, and the executor of the application, Chen Bailiang, disagreed with the suspension of the execution of this case and strongly demanded the execution of this case. However, he agreed to deduct the execution cost of 48 18 yuan from the execution cost of this case, and give up the interest for the delay in paying off the debts of this case in full, and pay the remaining execution cost of 325 182 yuan to the applicant executor, and requested to complete the execution of this case.
Our court believes that although the executor Chen Lingsen provided a guarantee to our court and requested to suspend the execution of this case, the execution of this case should continue because the executor Chen Bailiang did not agree to suspend the execution of this case. In addition, the legal relationship between the execution of this case and the lawsuit No.673 and No.674 filed by Chen Lingsen to the Dongguan Intermediate People's Court to revoke the arbitral award (20 15) is different. In its ruling (20 15)No. 134, the Guangdong Higher People's Court also held that Chen Lingsen's creditor's rights against Chen Bailiang in another arbitration case were not confirmed by legal procedures, and Chen Lingsen's creditor's rights in this case were enough to offset the debts in this case, so there was no legal basis for his request to suspend the execution of this case. Now Chen Bailiang, the executor of the application, requests to pay the execution money, and requests to finish the execution of this case, which is in compliance with the law. Our court will transfer the execution money to Chen Bailiang, the executor of the application. To sum up, according to the provisions of Article 154, paragraph 1 (11) and Article 231 of the Civil Procedure Law of People's Republic of China (PRC), Article 31, paragraph 1 (4) of the Provisions of the Supreme People's Court on the Attachment, Seizure and Freezing of Property in Civil Execution of People's Courts, and Article 15, paragraph 1 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of Case Filing and Closing, the ruling is as follows:
1. The seizure of the property provided by Huamei Management District, Guiyu Town, Chaoyang District, Shantou City as a guarantee for the executed person Chen Lingsen was lifted.
Two. (20 13) The contents of the award No.4887, Sui Zhong Wan An Zi, have all been executed.
This ruling shall take legal effect immediately after it is served.
Presiding judge Zheng
Judge Li Shaobo.
Judge Xie
201March 25th, 6
Clerk Chen Guoguang
Attached with relevant laws and regulations
People's Republic of China (PRC) Civil Procedure Law
Article 154 An award shall apply to the following scope:
Inadmissible;
(2) Having objections to jurisdiction;
(3) dismiss the prosecution;
(4) preservation and prior execution;
(five) to approve or disapprove the withdrawal of the lawsuit;
(6) Suspension or termination of litigation;
(seven) to correct clerical errors in the judgment;
(8) Suspension or termination of execution;
(9) Revoking or refusing to execute the arbitral award;
(ten) do not execute the creditor's rights documents issued by the notary office;
(eleven) other matters that need to be resolved by ruling.
……
Article 231 In the course of execution, if the person subjected to execution provides a guarantee to the people's court, the people's court may decide to suspend execution and the time limit for suspending execution with the consent of the person applying for execution. If the person subjected to execution fails to perform within the time limit, the people's court has the right to enforce the property guaranteed by the person subjected to execution or the property of the guarantor.
Provisions of the Supreme People's Court on the Seal-up, Seizure and Freezing of Property in Civil Execution by People's Courts.
Article 31 In any of the following circumstances, the people's court shall make a ruling to lift the seizure, seizure and freezing, and serve it on the application executor, the person subjected to execution or an outsider:
(a) sealing up, distraining and freezing the property of the outsider;
(2) The application executor withdraws the application for execution or waives the creditor's rights;
(3) The property that has been sealed up, detained or frozen cannot be auctioned or sold, and the applicant for enforcement and other enforcement creditors do not agree to accept the settlement;
(4) The debt has been paid off;
……
The Supreme People's Court's opinions on several issues concerning the execution of filing and closing cases.
Article 15 If the content of execution determined in the effective legal document has been automatically executed by the person subjected to execution and enforced by the people's court, or if the parties have reached an execution settlement agreement and the execution settlement agreement has been fulfilled, the case may be closed in the form of "execution completion".