About Tongliao Li Yongxian case

The Supreme People's Court, People's Republic of China (PRC)

Civil adjudication

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Applicant for retrial (defendant in first instance, appellant in second instance, original applicant for retrial): Tongliao Wancheng Real Estate Development Co., Ltd. (formerly Tongliao Limin Real Estate Development Co., Ltd.).

Legal Representative: Yang Haitao, board chairman of this company.

Authorized Agent: Cao Haining, lawyer of Beijing Tianchi Law Firm.

Respondent (plaintiff of first instance, appellee of second instance and original respondent): Li Yongxian.

Defendant of first instance: Tongliao? Head office.

Person in charge: Bao Yongqing, head of the liquidation team of the company.

The retrial applicant Tongliao Wancheng Real Estate Development Co., Ltd. (hereinafter referred to as Wancheng Company) and the respondent Li Yongxian and Tongliao City? The head office (hereinafter referred to as Hongyan Company) refused to accept the No.4 civil judgment of the Higher People's Court of Inner Mongolia Autonomous Region (20 10) and applied to our hospital for retrial. Our hospital formed a collegial panel to review the case according to law, and the review has ended.

Wancheng Company applied for retrial, claiming that Tongliao Branch of Industrial and Commercial Bank of China (hereinafter referred to as Tongliao Branch) has no right to transfer (2000) to 1862. 10 as listed in the conciliation statement No.32-34 of Industrial and Commercial Bank of China without the consent of Inner Mongolia Branch. The claim for delivery of the 3 127.4 square meter house converted from the loan creditor's rights of RMB 0,000 yuan was transferred to the creditor's rights transfer agreement signed by Li Yongxian Tongliao Branch and Li Yongxian, and the tripartite agreement signed with Li Yongxian, Wancheng Company and Hongyan Company should be invalid. The retrial judgment found that the facts and applicable laws were wrong. Wancheng Company has received the creditor's rights involved from China Great Wall Asset Management Company (hereinafter referred to as Great Wall Company) and completed the consideration payment. It is the legal transferee of the creditor's rights involved and has complete rights to the creditor's rights involved. Even if the tripartite agreement is valid and continues to be implemented, Li Yongxian has no right to unilaterally determine the purchase price of the house, and the retrial order Li Yongxian to purchase the disputed house at the price of 2 100 yuan per square meter, which has no factual and legal basis.

Submitted by Li Yongxian, the defendant country ... (The word 14 15 is not shown in this document).