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Seven Model Cases of Good Faith and Peaceful Enforcement Published by the Supreme People's Court [Effective]
最高人民法院发布7起善意文明执行典型案例 [现行有效]
【法宝引证码】

Seven Model Cases of Good Faith and Peaceful Enforcement Published by the Supreme People's Court 

最高人民法院发布7起善意文明执行典型案例

(January 2, 2020) (2020年1月2日)下跌你应该笑还是哭法小宝

Table of Contents for Selected Model Cases 典型案例选编目录
1. Case of property preservation between Investment Company and Resources Group Company et al. 1.某投资公司与某资源集团公司等财产保全案件
2. Case of dispute over application of Beijing Real Estate Company for enforcing the equity transfer of Beijing Biotechnology Company et al. 2.北京某房地产公司申请执行北京某生物科技公司等股权转让纠纷案件
3. Series of cases of dispute over application of Xu and others for enforcing payment of loans by Putian Real Estate Company et al. 3.许某某等申请执行莆田市某房地产公司等借款纠纷系列案件
4. Case of dispute over application of Zuo Wa for enforcement of property rights protection against Zuo Ying 4.左某娃申请执行左某英物权保护纠纷案件
5. Case of dispute over application of Leliu Sub-branch of Agricultural Bank of China (ABC) in Shunde District for enforcement of the financial loan contract signed by it and Shunde Copper and Aluminum Sections Company 5.中国农业银行顺德勒流支行申请执行顺德某铜铝型材公司等金融借款合同纠纷案件
6. Case of dispute over application of Chongqing Investment Company for enforcement of the loan contract signed by it and Qingdao Chemical Company et al. 6.重庆某投资公司申请执行青岛某化工公司等借款合同纠纷案件
7. Case of dispute over application of a Villagers' Committee in Luojing Township, Baoshan District, Shanghai Municipality for enforcing the land lease contract signed by it and Shanghai Gardening Company et al. 7.宝山区罗泾镇某村委会申请执行上海某园林公司等土地租赁合同纠纷案件
1. Case of property preservation between Investment Company (here and below, part of the name withheld) and Resources Group Company (here and below, part of the name withheld) et al. 1.某投资公司与某资源集团公司等财产保全案件
--The Court of Beijing Municipality (hereinafter referred to as the “Court”) unfreezes the preservation of stocks of a listed company held by the debtor in the way of “shifting seizure” and creates a better judicial environment for the development of the private enterprise. ——北京法院通过“换封”方式解除对债务人持有的某上市公司股票的保全冻结为民营企业发展营造更好司法环境
[Abstract] 【摘要】
In the course of enforcing the preservation ruling for this case, the Court froze the stocks of a listed company held by a private enterprise, Resources Group Company. Resources Group Company requested the Court to unfreeze the stocks. By adhering to the concepts of good faith enforcement and peaceful enforcement, the Court actively communicated with the applicant for preservation and finally unfroze the stocks held by Resources Group Company in the way of “shifting seizure.” On the premise of ensuring that the applicant's realization of creditor's rights be not affected, the efforts of the Court have reduced the adverse impacts on the respondent and the relevant listed company to the maximum extent. 本案在执行保全裁定过程中,北京法院冻结了民营企业某资源集团公司持有的某上市公司的股票。某资源集团公司请求解除股票冻结,北京法院本着善意执行、文明执行的理念,积极与保全申请人沟通,最终通过“换封”方式解除了对某资源集团公司股票的冻结,在确保申请人实现债权不受影响的前提下,最大限度降低了对被申请人及相关上市公司的不利影响。
[Basic Facts] 【基本案情】
For the case of dispute over equity transfer between Investment Company and Resources Group Company, in the course of trial, the Court entered a ruling on preservation in action according to the application of Investment Company and specified that the property of approximately CNY200 million under the name of Resources Group Company should be frozen. Afterwards, the Court issued a written notice of assisting in enforcement to the securities depository and clearing institution and froze a large amount of stocks of a listed company held by Resources Group Company. 某投资公司与某资源集团公司股权转让纠纷一案,北京法院在审理过程中,根据某投资公司申请,作出诉讼保全裁定,明确冻结某资源集团公司名下近两亿元的财产。之后,北京法院向证券登记结算机构发出协助执行通知书,冻结了某资源集团公司持有的某上市公司数量较大的股票。
After the freezing of the said stocks, the respondent, Resources Group Company, and the third party, Technology Company (here and below, part of the name withheld), filed a written application with the Court and requested that the frozen stocks held by the respondent should be unfrozen with the land of the equivalent value owned by Technology Company as guarantee. For the purposes of safeguarding the lawful rights and interests of both parties to the maximum extent, guaranteeing that the realization of creditor's rights by the applicant for preservation is not affected, and avoiding adverse impacts on the normal running of the respondent and the relevant listed company, the Court actively made communication and coordination and the applicant for preservation, Investment Company, finally consented to the respondent's plan of “shifting seizure.” Afterwards, the Court entered a ruling to alter the preservation, seized the land owned by the third party, Technology Company, and unfroze the stocks held by Resources Group Company. 股票冻结后,被申请人某资源集团公司、第三人某科技公司向法院提出书面申请,由第三人某科技公司以其所有的等值土地作为担保,请求解除对被申请人股票的冻结。为最大限度维护双方当事人合法权益,既保障保全申请人实现债权不受影响,又避免对被申请人及相关上市公司正常经营造成不利影响,北京法院积极沟通协调,保全申请人某投资公司最终同意了被申请人的“换封”方案。随后,北京法院作出变更保全裁定,查封了第三人某科技公司的土地,并解除了对某资源集团公司股票的冻结。
[Significance] 【典型意义】
In the trial of a case, for the purpose of preventing the debtor from transferring property, the creditor files an application for preserving and seizing property of the debtor with the people's court. It is of great significance for urging the debtor to voluntarily perform its obligations and ensuring the effective enforcement of a legal document in effect. In this case, according to the application of the applicant for property preservation, the Court froze a large amount of stocks of a listed company held by the respondent. Since the freezing of the listed company's stocks affected the fund-raising and normal running of the listed company to some extent, based on the concepts of good faith and peaceful enforcement, the Court actively communicated with the applicant for preservation, identified the balancing point of interests of both parties, reduced impacts on the normal running of the respondent and the relevant listed company to the maximum extent in the way of “shifting seizure,” and provided strong judicial services and guarantees for safeguarding the lawful rights and interests of private enterprises and other market players and promoting the improvement of the business environment under the rule of law. 在案件审理过程中,为防止债务人转移财产,债权人会向人民法院提出保全查封债务人财产的申请,这对于敦促债务人主动履行义务、确保生效法律文书得到有效执行具有重要意义。本案中,北京法院依保全申请人申请,冻结了被申请人在某上市公司数量较大的股票。由于上市公司股票冻结对该上市公司融资和正常经营会有一定影响,北京法院本着善意文明执行的理念,积极与保全申请人沟通,找准双方利益平衡点,通过“换封”方式,最大限度降低了对被申请人及相关上市公司正常经营的影响,为保障民营企业等市场主体合法权益,推动法治化营商环境改善提供了有力司法服务和保障。
2. Case of dispute over application of Beijing Real Estate Company (here and below, part of the name withheld) for enforcing the equity transfer of Beijing Biotechnology Company (here and below, part of the name withheld) et al. 2.北京某房地产公司申请执行北京某生物科技公司等股权转让纠纷案件
--The First Intermediate People's Court of Beijing Municipality (hereinafter referred to as the “First IPC of Beijing Municipality”) actively promotes the segmented registration of the real estate involved and partial seizure of such real estate. ——北京一中院积极推动对涉案不动产的分割登记、部分查封
[Abstract] 【摘要】
The 20-floor building under the name of the person subject to enforcement has only one property certificate and the overall seizure has obviously exceeded the subject matter of enforcement in this case. In accordance with the law, where the property is inseparable and the person subject to enforcement has no other property for enforcement, the overall seizure of the property is permitted. The First IPC of Beijing Municipality adhered to the concept of good faith enforcement, coordinated all registration administrative authorities, actively promoted the segmented registration of the real estate involved, lifted the seizure of the real estate exceeding the subject matter of enforcement, avoided adverse impacts of the seizure on property utility, and minimized adverse impacts on the debtor. 本案被执行人名下一座共二十层大厦只有一个产权证,整体查封明显超过了本案执行标的额,但按照法律规定对于不可分物且被执行人无其他可供执行的财产可以整体查封。北京一中院坚持善意执行理念,协调各登记管理机关,积极推动对不动产的分割登记,解除超出执行标的额部分的查封,避免因查封影响财产效用的发挥,尽量降低对债务人的不利影响。
[Basic Facts] 【基本案情】
In the case where Beijing Real Estate Company applied for enforcing the payment of the equity transfer fund by Beijing Biotechnology Company (here and below, part of the name withheld), Beijing Investment Company, and Guangzhou Investment Company (here and below, part of the name withheld), according to the judgment, the aforesaid persons subject to enforcement should jointly and severally pay the applicant for enforcement the equity transfer fund of CNY80 million and the relevant interest loss. This case was docketed by the First IPC of Beijing Municipality for enforcement. Concurrently, the IPC of Beijing Municipality also enforced the judgments of several other cases of disputes over private lending, equity transfer, and litigation agency contract involving Beijing Investment Company, with the total amount of subject matter of over CNY600 million. 北京某房地产公司申请执行北京某生物科技公司、北京某投资公司、广州市某投资公司等一案,法院判决上述被执行人连带清偿申请执行人股权转让款八千万元及赔偿相关利息损失,由北京市第一中级人民法院立案强制执行;与此同时,该院还执行多个涉及北京某投资公司的案件,案由有民间借贷纠纷、股权转让纠纷、诉讼代理合同纠纷等,总标的额约6亿元。
In the course of enforcement, the First IPC of Beijing Municipality seized the house property under the name of Beijing Investment Company located in Zhichun Road, Haidian District, Beijing Municipality. This building has a total of 20 floors and the estimated value is about CNY2 billion. The person subject to enforcement filed an application, hoping that the First IPC of Beijing Municipality can lift the seizure of the building. It expressed that it would pay off the debts by raising funds in other ways, but the applicant for enforcement set itself against lifting the seizure and it was anxious for failure to realize its rights once the seizure was lifted. 执行过程中,法院查封了北京某投资公司名下位于北京市海淀区知春路的房产,该大厦共二十层,估值在20亿左右。被执行公司提出申请,希望法院能解除对大厦的查封,表示公司会通过其他方式融资来清偿债务,但申请执行人坚决反对解除查封,担心一旦解除,自己的权利无法实现。
For the purpose of safeguarding the lawful rights and interests of all parties, the enforcement judges went to the Commission of Housing and Rural-Urban Development, the Planning and Land Administration, and the Real Estate Registration Center for multiple times and upon repetitive communications, the former one property certificate of the building involved was segmented to 24 property certificates. Then, they underwent the formalities for lifting the seizure of the entire building, seized the house properties on the first to tenth floors of the building, and seized the apportioned land area again. In this way, the seizure by exceeding the subject matter of enforcement was avoided, the person subject to enforcement could revitalize its assets and raise funds, all debts were paid off with the raised funds, and the enforcement of judgments of the series of case has been smoothly completed. 为保护各方当事人合法权益,执行法官多次前往北京住建委、规土委、不动产登记中心,反复协调沟通之后,将涉案大厦原有的一个产权证分割为二十四个产权证,然后办理了整栋大楼解除查封手续,变更为查封该大厦1-10层的房产,并重新查封了以上房屋之分摊土地面积,从而避免了超执行标的查封,使得被执行人得以盘活资产、进行融资,筹得款项清偿了涉案全部债务,系列案件得以全部顺利执行完毕。
[Significance] 【典型意义】
In enforcement cases, it is common that the estimated value of a real estate under the name of the person subject to enforcement greatly exceeds the amount of money involved in enforcement and the real estate has only one property certificate. In the course of enforcement, it is difficult to accurately dispose of the amount of money invovled in the real estate and the overall disposal of the real estate may cause great impacts on the lawful rights and interests of the person subject to enforcement. The people's courts need to take flexible enforcement measures to not only protect the creditor's rights of the applicant for enforcement, but try not to affect the normal running of the person subject to enforcement and avoid unnecessary loss. In this case, under unified scheduling and active coordination of the Supreme People's Court and by adhering to the concept of good faith enforcement, the enforcement court actively coordinated with the real estate registration authority, segmented the property certificate shared by the real estate invovled into several ones, seized the real estate within the scope of the subject matter invovled. In this way, the person subject to enforcement may conduct normal running and raise funds by using the real estate not seized, the interests of the person subject to enforcement are free of unnecessary loss, and the judgment was smoothly enforced. It has created a new situation in the enforcement work in an innovative way and the lawful rights and interests of all parties have been safeguarded. 在执行案件中,一种常见的情形是被执行人名下的不动产估值远超过执行涉案金额,但整个不动产只有一个产权证,在执行中很难做到对不动产中涉案金额部分进行精准处置,但若整体处置又可能对被执行人的合法权益造成较大的影响,亟待人民法院采取灵活的执行措施,既能保障申请执行人的债权,又能尽量不影响被执行人的正常经营活动,避免不必要的损失。本案中,在最高人民法院统一调度和积极协调下,秉持善意执行理念,执行法院积极协调不动产登记机关,将涉案不动产共用的一个产权证分割为多个产权证,再查封案件标的范围内的部分不动产,使得被执行人可以对其他未查封部分房产进行正常经营、融资,使被执行人的利益免受不必要的损失,也促进了案件的顺利执结,用创新做法开创了执行工作的新局面,维护了各方当事人的合法权益。
3. Series of cases of dispute over application of Xu (here and below, part of the given name withheld) and others for enforcing payment of loans by Putian Real Estate Company (here and below, part of the name withheld) et al. 3.许某某等申请执行莆田市某房地产公司等借款纠纷系列案件
--The Intermediate People's Court of Putian City (hereinafter referred to as the “IPC of Putian City”) introduces a strategic investor to assist in revitalizing the assets of the enterprise subject to enforcement. ——莆田中院引入战略投资者帮助盘活被执行企业资产
[Abstract] 【摘要】
The person subject to enforcement invovled, Putian Real Estate Company, is an enterprise having a history of more than ten years and over a thousand employees. Due to a wrong investment decision, its capital chain suddenly broke and it is debt ridden. The creditors filed lawsuits with courts one after another. The IPC of Putian City intensified connection between the people's government and the people's court, voluntarily conducted communication and coordination, actively introduced a third-party strategic investor, revitalized the assets of the person subject to enforcement, took enforcement measures in a legal and proper manner, and promoted case enforcement and settlement. 本案被执行人莆田市某房地产公司是有着十几年历史的企业,员工上千人,因一时投资决策失误,资金链骤然断裂,债务缠身,债权人纷纷诉至法院。莆田中院强化府院联系,主动沟通协调,积极引入第三方战略投资者,盘活被执行人资产,依法妥善采取执行措施,推动案件执行和解。
[Basic Facts] 【基本案情】
There are 491 outstanding enforcement cases with Putian Real Estate Company as the person subject to enforcement in the IPC of Putian City, Fujian Province. With the principal and interest of the subject matter under application for enforcement amounting to almost CNY3 billion, the IPC of Putian City seized the properties under the name of Putian Real Estate Company according to the law. A real estate project of the Company had the risk of being unfinished due to the capital chain rupture and the project funds in arrears gave rise to repetitive public complaints by its migrant workers. If such enforcement measures as seizure and auction were simply taken, it was possible to cause failure in payment of all debts in the series of cases and the interests of houseowners could not be guaranteed. In addition, facing bankruptcy, the enterprise would fail to pay off wages of the workers, which may bring destabilizing factors to the local society. 在福建省莆田市中级人民法院,以莆田市某房地产公司作为被执行人的未结执行案件有491件,申请执行标的本息近30亿元,法院依法查封了该公司名下的财产,但该公司某房地产项目因资金链断裂面临“烂尾”的风险,且拖欠工程款造成工人多次信访,如果简单实施查封、拍卖等强制执行手段,不仅可能会造成系列案件无法全部受偿,购房业主利益得不到保障,且企业也会面临破产,无法清偿工人工资,给当地社会带来不稳定因素。
The IPC of Putian City found after in-depth visit and investigation that the real estate project had housing of 347,800 square meters with the estimated sales amount of over CNY4 billion. However, due to financial difficulties, the person subject to enforcement mortgaged the land use right of the aforesaid housing to Shanghai Real Estate Company (here and below, part of the name withheld), with the mortgage principal of CNY575 million. The relevant case has entered the enforcement process in the Higher People's Court of Shanghai Municipality (hereinafter referred to as the “HPC of Shanghai Municipality”). Considering that enterprise subject to enforcement has more funds than its debts and it only temporarily has difficulties due to turnover of capital, the IPC of Putian City conscientiously implemented the requirements raised by the Supreme People's Court that “enforcement measures should be prudently taken according to the law, the normal running of enterprises should be protected, and the stable operation of non-public economic entities should be maintained,” actively sought support from the Party Committee and People's Government of Putian City, convened the land and resources bureau, the planning department, the housing and urban-rural development department, the fire control department, the finance office, and the commercial bank in Putian City to make studies and arrangements for several times, and drove Putian Investment Group (here and below, part of the name withheld) to inject capital of CNY500 million to the person subject to enforcement by stages as a strategic investor for work resumption of the housing.
......
 莆田中院深入走访调查后发现,该房地产项目有楼盘34.78万平方米,预计销售额可达40多亿元,但被执行人因资金困难,将上述楼盘的土地使用权抵押给上海某房地产公司,抵押金额本金达5.75亿,相关案件已经在上海市高级人民法院进入执行程序。鉴于被执行公司资大于债,只是资金周转暂时出现困难,莆田中院认真贯彻最高人民法院提出的“依法审慎采取强制措施,保护企业正常生产经营,维护非公经济主体的经营稳定”的要求,积极寻求市委、市政府的支持,召集了市国土、规划、住建、消防、金融办、商业银行等相关部门多次研究部署,推动莆田市某投资集团作为战略投资者向被执行人分期注资5亿元用于楼盘复工。
......

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