Trial court:Intermediate People's Court of Dalian City, Liaoning Province

Case No:(2022) Liao 02 min zong no 6757

Cause of action:Disputes over land contractual management rights

Date of Referee:September 20, 2022

Intermediate People's Court of Dalian City, Liaoning Province

civil ruling

(2022) Liao 02 min zong no 6757

Appellant (defendant in the original trial):Sun Moucai, male,Born on August 23, 1963, Han, now lives in Lushunkou District, Dalian City, Liaoning Province.

Authorized agent ad litem: Zhai Yidan, lawyer of Liaoning Tianying Law Firm.

Appellee (plaintiff in the original trial): Xiaonan Village Committee, Shuishiying Sub-district Office, Lushunkou District, Dalian City, Liaoning Province, address Lushunkou District, Dalian City, Liaoning Province.

Legal Representative:Solving a SeaThe director of the village committee.

Authorized agent ad litem: Liu Zhaoxin, lawyer of Liaoning Haitong Law Firm.

AppellantSun MoucaiDue to the relationship with the appellee, Xiaonan Village Committee of Shuishiying Sub-district Office, Lushunkou District, Dalian City, Liaoning Province (hereinafter referred to"Xiaonan Village Committee") in the case of a dispute over the contract of land contractual management right, the people's Court of Lushunkou District of Dalian City (2022) Liao 0212 Min Chu No. 1159 Civil judgment, appealed to this court. The Court formed a collegial panel in accordance with the law to hear the case.

The Court believes that the Xiaonan Village Committee filed the case on the basis of its and.Sun MoucaiThe Land Contract signed and its ownership of the disputed land. In the second instance, the appellantSun MoucaiApply for a lawyer's investigation order and obtain information about the proposed construction on the plot of Xiaonan Village in Shuishiying Street.The relevant approval procedures for the "Lushunkou District Central Hospital Project" and the approval documents for the conversion of land from Shuishiying Village and Xiaonan Village in Shuishiying Street to state-owned construction land are intended to prove that Xiaonan Village Committee is no longer the owner of the land involved in the case and has no interest in the case. The Xiaonan Village Committee advocated that although there was the construction of the Lushunkou District Central Hospital project, the red line of land requisition did not include the land involved in the "Land Contract" involved in the case, and submitted evidence for this. In view of the large amount of evidence submitted by the appellant and the appellee, and the admissibility of the evidence may affect the fact finding and substantive handling of the case, the case should be sent back for retrial. In the retrial, the first instance should verify whether the land involved in the "Land Contract" is included in the scope of construction land expropriated for the construction of the Lushunkou District Central Hospital project, and verify whether the nature of the land has actually changed.

To sum up, in accordance with the provisions of paragraph 1, paragraph 3, of Article 177 of the the People's Republic of China Civil procedure Law, the ruling is as follows:

1. Revocation of Dalian Lushunkou District People's Court (2022) Liao 0212 Min Chu Civil Judgment No. 1159;

2. the case was sent back to the Lushunkou District People's Court of Dalian City for retrial.

AppellantSun MoucaiPre-paid fees for accepting cases of second instance$50 to be returned.

Presiding Judge Hou Xuezhi

Judge Wang Jiayong

Judge Liang Shuang

September 20, 2002

Clerk Jiang Shan