|
|
|
No.2 of Nine Representative Cases Published by the Supreme People's Court concerning Evasion of Enforcement: Zhang Qu v. Chen Shi and Wu Yangying (case of enforcement of judgment for disputes over a private loan)
|
|
最高人民法院关于反规避执行的九起典型案例之二：张曲与陈适、吴洋英民间借贷纠纷执行案
|
|
【法宝引证码】
|
- Type of Dispute：
Enforcement
- Procedural status：
Enforcement
|
|
|
|
No.2 of Nine Representative Cases Published by the Supreme People's Court concerning Evasion of Enforcement: Zhang Qu v. Chen Shi and Wu Yangying (case of enforcement of judgment for disputes over a private loan)
(case of enforcement of judgment for disputes over a private loan)
最高人民法院关于反规避执行的九起典型案例之二：张曲与陈适、吴洋英民间借贷纠纷执行案
|
|
|
|
|
|
|
| No.2 of Nine Representative Cases Published by the Supreme People's Court concerning Evasion of Enforcement: Zhang Qu v. Chen Shi and Wu Yangying (case of enforcement of judgment for disputes over a private loan) | | 最高人民法院关于反规避执行的九起典型案例之二：张曲与陈适、吴洋英民间借贷纠纷执行案 |
1. Case Summary
In Zhang Qu v. Chen Shi and Wu Yangying for disputes over a private loan, the Intermediate People's Court of Fuzhou City, Fujian Province decided that Chen Shi should repay 1.88 million yuan and interest thereon to Zhang Qu and co-defendant Wu Yangying should be jointly and severally liable for repayment. Chen Shi and Wu Yangying appealed against the first-instance judgment. The Higher People's Court of Fujian Province, as the court of second instance, dismissed the appeals and sustained the original judgment. | |
【案情摘要】张曲与陈适、吴洋英民间借贷纠纷一案，福建省福州市中级人民法院判令陈适偿还张曲188万元及利息；被告吴洋英承担连带清偿责任。一审判决后，陈适、吴洋英提起上诉。福建省高级人民法院二审判决驳回上诉，维持原判。 |
As Chen Shi and Wu Yangying did not perform their obligations determined in the effective judgment, Zhang Qu applied to the Intermediate People's Court of Fuzhou City for enforcement. The court of enforcement granted a compulsory auction of an apartment registered to Wu Yangying located at Suite 02, F/1, Building 5, Fuzhou Xinhui Jiayuan, 163 Fufei North Road, Xindian Town, Jin'an District, Fuzhou City. The judgment debtor, Wu Yangying presented a lease on the aforesaid apartment between her and her brother to the court, according to which the rent was 950 yuan per month for a term of 15 years and the total rents should be paid in a lump sum. Wu Yangying alleged that she had rented the house to her brother before it was seized by the court and that she had received a lump sum rental payment of 170,000 yuan. After the conclusion of the lease, her brother sublet the house to a third party (a secondary lessee). However, Wu Yangying could not provide the relevant bank transfer certificate to prove that she had received the lump sum rental payment of 170,000 yuan. Wu Yangying explained that she actually borrowed the aforesaid amount from her brother for purchasing the aforesaid apartment and would repay such money with rents from this apartment as agreed on with her brother. Enforcement applicant Zhang Qu submitted a statement to the court of enforcement, claiming that the lease presented by Wu Yangying was forged by Wu Yangying and her brother as she had seen Wu Yangying personally collect rents from the sub-lessee. The enforcement personnel investigated the rental of the apartment with several lessees, and it was confirmed that the monthly rent was 3,000 yuan and collected by Wu Yangying. With sufficient evidence, the enforcement personnel arranged to talk with Wu Yangying's brother, who then admitted that after learning that the house was seized by the court, Wu Yangying sublet the apartment in his name, that the signature on the sublease contract was falsified by Wu Yangying, and that Wu Yangying collected rents directly from the sub-lessee.
．．．．．． | |
由于陈适、吴洋英未履行生效判决所确定的义务，张曲向福州市中级人民法院申请强制执行。执行法院决定对诉讼阶段保全查封的吴洋英名下的位于福州市晋安区新店镇福飞北路136号福州新慧嘉苑5号楼一层02号房屋进行强制拍卖。被执行人吴洋英向法院出示了一份其与弟弟签订的关于上述房屋的租赁合同，合同约定每月租金950元，租期15年，租金一次性支付。吴洋英称，她在法院查封前已经将房屋出租给弟弟，并一次收取了租金17万元，其弟弟在签订合同后，又转租给第三人（次承租人）。吴洋英不能出具金融机构的相关转账凭证，证明她一次性收取了17万元租金。对此，吴洋英辩称，她是向弟弟借钱买了房屋，约定用该房屋的租金偿还。申请人张曲向执行法院提交报告，称她曾亲眼看到吴洋英亲自向次承租人收取租金，她认为吴洋英出示的租赁合同系吴洋英姐弟串通伪造而成。执行人员向房屋前后几个承租人调查了解情况，几个承租人证实，每个月租金均由吴洋英收取，租金为每月3000元。执行人员在掌握充分证据后，约谈了吴洋英的弟弟。吴洋英弟弟承认，吴洋英知道房屋被法院查封后，以他的名义将房屋转租给次承租人，转租合同上的签名系吴洋英所签，吴洋英直接向次承租人收取租金。
．．．．．． |
|
Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【￥200.00】 for your single purchase. | |
您好：您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户；您可通过网上支付进行单篇购买，支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
|
| | | | | | | | |
Scan QR Code and Read on Mobile
|
|
|
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. Lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials as we dynamically expand content.
|
|
|
|
|
|