Linyi Intermediate People's Court of Shandong Province
civil judgment
(2020) Lu 13 Minchu No.3
Plaintiff: Linyi Harbor Hotel Co., Ltd., located at the southeast corner of the intersection of yi river Road and Volvo Road, Zhimadun Office, Linyi Economic and Technological Development Zone.
Legal Representative: Wu Xingguo, manager.
Plaintiffs: Wu Xingguo, * *, *,.
Defendants: Shen Detong, *, *.
Authorized Agent: Li Zeqiang, legal worker of Linyi Hedong Wangzheng Law Service Office.
Defendants: Dong,,,,.
Litigation record
The plaintiff Linyi Harbor Hotel Co., Ltd. (hereinafter referred to as Linyi Harbor Hotel), the defendant Shen Detong and Dong confirmed that the contract was invalid. After the court filed a case on June 8, 2020, it applied ordinary procedures according to law and held a public hearing on July 6, 2020. Wu Xingguo, the legal representative of Linyi Harbor Hotel, the plaintiff, and Li Zeqiang, the litigation agent of Shen Detong, the defendant, attended the proceedings. Defendant Dong was legally summoned by our court and refused to appear in court without justifiable reasons. The case has now been closed.
Factual basis
Linyi Harbor Hotel and Wu Xingguo filed a lawsuit in our court: 1, requesting to confirm that the Transfer Agreement of Linyi Harbor Hotel signed by the plaintiff and the defendant is invalid; 2. The defendant returned the premises of Linyi Harbor Hotel and its ancillary facilities (subject to the handover contents in the handover agreement); 3. The defendant compensated the plaintiff for economic losses of 60 million yuan; 4. Legal fees (including but not limited to attorney fees, appraisal fees, transportation fees, etc.). The expenses incurred by the plaintiff in realizing the creditor's rights shall be borne by the defendant. Facts and reasons: On August 1 1, 2065, the plaintiff Dong and the defendant signed the Transfer Agreement of Linyi Harbor Hotel, agreeing to transfer 48,000 square meters of Linyi Harbor Hotel and its ancillary facilities to the defendant, with a total transfer price of 230 million yuan. According to the agreement, after the defendant paid 6,543.8 billion yuan, the plaintiff delivered the house and ancillary facilities of Linyi Harbor Hotel to the defendant (with a detailed delivery list). 2065438+On July 6, 2008, the defendant filed an application with the plaintiff, stating that its subsequent capital chain was broken and it was impossible to pay the remaining transfer amount of 65438+300 million yuan. 20 18 1 65438+1October 14 hongjiang city people's court of Hunan province (2018) Xiang 128 1 Chu No.97 criminal judgment, Shen Detong. On July 3, 20 19, the Intermediate People's Court of Huaihua City, Hunan Province (20 18) made a criminal ruling No.555, which upheld the first-instance judgment of the People's Court of hongjiang city City, Hunan Province. To sum up, Shen Detong and Dong used the proceeds of crime to sign a sales contract with Linyi Harbor Hotel and pay the price, which violated the law and the contract was invalid. After the contract is invalid, Shen Detong and Dong shall return Linyi Harbor Hotel and its ancillary facilities to the plaintiff and compensate the plaintiff for the losses caused. In the course of litigation, the plaintiff applied to withdraw the third claim on the grounds that there was another lawsuit after the loss was determined.
Shen Detong argued: 1, this lawsuit is a repeated lawsuit, because the plaintiff sued for the same facts as early as 20 19, so this lawsuit is a repeated lawsuit; 2. This contract cannot be terminated because the disputed subject matter has been accepted as state-owned by the People's Court of hongjiang city, Hunan Province; 3. The plaintiff's claim that the contract is invalid has no factual and legal basis, which does not meet the requirements of invalidity stipulated in the Contract Law; 4. The plaintiff's claim for compensation has no legal and factual basis. The real breach of contract is today's phenomenon caused by the plaintiff's failure to handle the real estate license for the defendant.
Dong didn't reply.
The parties submitted evidence according to law around the litigation request, and our hospital organized the parties to exchange evidence and cross-examine. The plaintiff submitted the following evidences: 1, Linyi Harbor Hotel Transfer Agreement 2017.8.11; 2. Power of Attorney and Receipt 2017.8.14; 3. Linyi Harbor Hotel business license, legal person ID card, legal person certificate and the applicant's identity certificate; 4. Linyi Harbor Hotel Handover Agreement 2017.8.17; 5. Cargo Handover List of Harbor Hotel Warehouse (2017.8.22); 6. Hand-over list of clothing warehouse for employees of Harbour Hotel (2017.8.24); 7. Handover Form and Details of Kitchen Supplies and Equipment 2017.8.25; 8. Handover Form of Special Invoice Seal of Linyi Harbor Hotel Co., Ltd. 2017.9.5; 9. Linyi Harbor Hotel Co., Ltd. Invoice and Jinsui Plate Handover Form 2017.9.4; 10, interphone handover form of Linyi Harbor Hotel Co., Ltd. 2017.9.4; 1 1. Summary of safe handover of the front hall of Linyi Harbour Hotel Co., Ltd. 2017.9.4; 12, staff canteen handover list 2017.9.6; 13, room card handover form of harbour hotel 2017.9.7; 14, key handover record of harbour hotel 2017.1.10; 15, handover protocol 2017.11; 16, U-disk Handover Form for Online Banking of Harbour Hotel Co., Ltd. 2018.1.15; 17, detailed payment and handover of harbour hotel 2018.3.20; 18, lawyer letter 2018.6.8; 19, application 2018.7.6; 20. The People's Court of hongjiang city, Hunan Province made a criminal judgment (20 18) Xiang Xing Chu ZiNo. 128 1 97. Defendant Shen Detong's cross-examination opinion: There is no objection to the authenticity of the evidence number. 1 tono. 16, 18, 19, and 20, but the evidence cannot prove the plaintiff's claim; Evidence 17 has various payment details, and its authenticity and relevance are controversial. As far as I know, the expenses are all the expenses of the defendant.
The defendant has no objection to the authenticity of the above evidence, which is confirmed by our court; There is no evidence. 17 The details of various payments handover are also part of the handover contents of both parties, which can prove the handover situation after the signing of the agreement.
According to the evidence submitted by the parties and the court investigation, our court found out the following facts: On August 65438, 1965, Linyi Harbor Hotel, the plaintiff, and Dong, the defendant, as Party A and Party B, signed the Transfer Agreement of Linyi Harbor Hotel, stipulating that the total construction area of Linyi Harbor Hotel and its ancillary facilities is about 48000 square meters and the land use area is 32265433. Party A voluntarily transfers the land use right of the commercial house and the occupied area of the house to Party B for compensation, with a total transfer price of 230 million yuan, and Party A will issue a receipt after receiving the transfer money; Payment method of transfer price: On the day of signing the contract, Party B shall pay a deposit of 50 million yuan to Party A's personal account in Wu Xingguo, and the rest shall be paid in two installments. For the first time, pay 50 million yuan within 60 days from the date of signing the contract; For the second time, after Party A completes the house property right certificate, it will sort out the land, planning and land use procedures and hand them over to Party B for legal person change and equity change, and Party B will pay 65.438+0.3 billion yuan to Party A's Wu Xingguo within 30 days from the date of delivery. At the same time, Party B needs to use the hotel property rights as a guarantee to owe Party A Wu Xingguo 65.438+300 billion yuan. If Party B fails to pay off the remaining RMB 65.438 billion+300 million, Party A Wu Xingguo has the right to take back the property rights of the hotel, and Party B shall cooperate unconditionally. From the date of delivery of the house and self-payment of the down payment, arrange personnel to enter the site one week later and hand them over to Party A.. The contract also stipulates the liability for breach of contract.
After the contract was signed, the defendant Shen Detong entrusted others to pay RMB 6,543,800,000, RMB 48,500,000 and RMB 50,000,000 to Wu Xingguo account on August 12 and June 14, respectively, totaling RMB 65,438,800,000. On August 17 of the same year, Linyi Harbor Hotel and Dong signed the Handover Agreement of Linyi Harbor Hotel to hand over the hotel and its ancillary facilities, equipment and related items. The two sides signed specific handover records and details.
2018 February 13, Shen Detong was criminally detained by the Public Security Bureau of Huaihua City, Hunan Province on suspicion of organizing and leading pyramid schemes, and later failed to pay the hotel transfer price. 201165438+1On June 4th, the People's Court of hongjiang city, Hunan Province made a criminal judgment of (20 18) Xiang 128 1 for organizing and leading pyramid selling activities. According to the facts identified by criminal judgment, Shen Detong purchased Linyi Harbor Hotel and paid 654.38 billion yuan to Wu Xingguo's personal account through the pyramid scheme account controlled by him. Entrusted Dong to sign the Transfer Agreement of Linyi Port Hotel on his behalf. (20 18) Xiang 128 1 criminal judgment No.97 criminal judgment No.24: Defendant Shen Detong paid RMB 6,543.8+billion by purchasing Linyi Harbor Hotel with pyramid scheme funds, which should be recovered from Linyi Harbor Hotel Co., Ltd. and turned over to the state treasury. During the trial of this case, the defendant Shen Detong recognized that Dong was entrusted by him to sign the Linyi Harbor Hotel Transfer Agreement with the plaintiff.
It is also known that Linyi Harbour Hotel is an enterprise founded by Wu Xingguo. Linyi Harbor Hotel has not yet registered the property right confirmation.
The court held that
According to the facts ascertained by the effective criminal judgment and the facts ascertained by the court trial, we believe that Dong was entrusted by Shen Detong to sign the Linyi Harbor Hotel Transfer Agreement with the plaintiff. Accordingly, the plaintiff and the defendant Shen Detong established a sales contract relationship, and the contractual rights and obligations should be borne by both parties. Shen De paid the hotel transfer money with the money from pyramid scheme, which obviously covered up the illegal purpose in a legal form, so the agreement signed by both parties was invalid because it violated the law. After the contract is confirmed to be invalid, the property acquired by the parties according to the contract shall be returned. The criminal case of Shen Detong's crime of leading and organizing pyramid schemes has been tried, and the property of Linyi Harbor Hotel involved has not been disposed of in criminal judgment. Shen Detong's possession of this part of the property has no legal basis, and the plaintiff demands its return. His civil rights claim is legal and should be supported according to law. In view of (20 18) Xiang 128 1 criminal judgment No.97, it has been decided that the sum 1 100 million yuan paid by Shen Detong should be recovered from Helan Harbour Hotel, so the plaintiff will not return it to Shen Detong. In the course of litigation, the plaintiff applied to withdraw the claim for compensation of 60 million yuan from the defendant on the grounds of another lawsuit, which was an act of actively disposing of the litigation rights and did not violate the legal provisions, and this court allowed it.
To sum up, the plaintiff's claim to confirm that the transfer agreement of Linyi Harbor Hotel is invalid and to ask the defendant Shen Detong to return the house and its ancillary facilities of Linyi Harbor Hotel is legal and well-founded, and our court supports it. According to Article 52 (3) of People's Republic of China (PRC) Contract Law and Article 39, paragraph 1, Article 134, paragraph 1 and Article 144 of People's Republic of China (PRC) Civil Procedure Law, the judgment is as follows:
Judgement result
1. The Transfer Agreement of Linyi Harbor Hotel signed by the plaintiff and the defendant is invalid;
2. The defendant Shen Detong returned the premises of Linyi Harbor Hotel and its ancillary facilities to the plaintiff Linyi Harbor Hotel Co., Ltd. and Wu Xingguo within ten days after this judgment came into effect (specifically subject to the handover contents in the Handover Agreement);
Three. Reject the plaintiff Linyi Harbour Hotel Co., Ltd. and the claim against the defendant Dong.
The acceptance fee of this case is 34 1800 yuan, of which 1 13900 yuan shall be borne by the plaintiff Linyi Harbor Hotel Co., Ltd. and Wu Xingguo, and 227900 yuan shall be borne by the defendant Shen Detong.
If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties to appeal to the Shandong Higher People's Court.
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