Make an application for compensation decision

Applicant: Ji Ning District Business Information Co., Ltd., manager Wei Ru, living in No. 41 Jiefang Road, Jining District.

Respondent: Jining District People's Court, responsible person: live in the west section of Enhe Road, Jining District.

Due to the dissatisfaction with the Inner Mongolia High Court on April 20, 2019, the internal confirmation of the word No. 1 reconsideration decision. According to Article 25 of the new State Compensation Law, the application for compensation from the Inner Mongolia High Court Compensation Commission is made.

Application matters

It was decided that the Jining District Court would compensate the applicant for a direct economic loss of 3.5 million yuan.

Facts and reasons

Located in Shangdu County, nearly 30,000 square meters of land and more than 8,000 square meters of real estate, the owner Baochen company first sold half of the two parties in principle agreed to each other at the time), after the purchase of the house payment, the other party refused to transfer, and Without our consent, we sneaked the entire mortgage to the bank, borrowed 1.9 million yuan and added interest of 2.2 million yuan, unable to repay. When the court enforced the entrusted auction of the collateral, we found that the lawsuit was filed and the transfer was required. After the acceptance of the City Intermediate People's Court, we immediately submitted an application for suspension of execution to the Jining Court with 10 relevant evidence. After receiving the hospital, the executor verbally agreed to stop the auction and wait for the verdict. However, it stopped for four months and continued to auction in the course of litigation. After the auction, it only sold 1.15 million yuan, and the appraisal price of the depreciation law entrusted by the court was more than 3.5 million. It was obviously fraudulent, black-box operation, and intentional violation. Returning to the Supreme Court's implementation of Article 102 directly led to the second trial of the Inner Mongolia High Court to determine that the purchase contract was valid, and we have paid the purchase price, but the sale of the real estate has been unable to continue, and the liability for breach of contract is in Baochen. Had to decide to cancel the contract, Baochen Company returned the purchase price and interest of 800,000 yuan, and the Baochen company even the bank arrears are still unclear, and there is money to pay us back. Therefore, this illegal act of illegally selling illegal acts directly leads to the loss of more than 1.2 million state-owned assets of the bank, and our losses are at least 3.5 million yuan according to the current market price.

In accordance with the law, we applied to the Municipal Intermediate People's Court to confirm that the Jining Court was illegal. The Municipal Intermediate People's Court did not have any interest in the execution process, and at the same time did not damage the facts and decided not to accept it. We applied to the High Court for reconsideration. The High Court also decided to maintain the decision of the Intermediate People's Court No. 1 on the grounds that our company “has no qualification to confirm the claimant's subject qualification”.

The Intermediate People’s Court found that there was no damage to the facts, which was obviously inconsistent with the facts. Because, if the Jining Court ruled that the execution was suspended, our property is still in existence, and the second instance of the High Court will decide to transfer the house, and the house price will at least double in the next 5 years after the appraisal. Calculate, half of our current market price is at least 3.5 million. Now it is the money of both houses. Is this not a damaging fact? The High Court's reconsideration found that we do not have the subject qualification of the petitioner. Obviously, there is no legal basis, because Article 97 of the Covenant Law stipulates that after the contract is terminated, the parties have the right to request compensation for the loss.

I hope to support my application. If it is not accepted, please feel free to reply in writing for additional reflection.

Sincerely