Trial court:Dalian Shahekou District People's Court

Case No:(2023) Liao 0204 Zhiyi 38

Cause of action:Execution

Date of Referee:February 15, 2023

Dalian Shahekou District People's Court

Execution Ruling Letter

(2023) Liao 0204 Zhiyi 38

Outsiders:pay a certain, male, Manchu,Born on April 1, 1979, he lives in Bayuquan District, Yingkou City, Liaoning Province.

Agent ad litem: Yu Yongliang, lawyer of Shanghai Zhonglian (Dalian) Law Firm.

Applicer: Dalian Huayuankou Zhongyi Microfinance Co., Ltd., domicile of Yingchun Street, Dalian Huayuankou Economic Zone, Liaoning ProvinceRoom A407, Building 6-2.

Legal Representative:Yu Mou Tao, Chairman.

Authorized agent ad litem: Wang Wei, lawyer of Liaoning Tianying Law Firm.

Executed person:Zhang a itsmale, Han,Born on March 2, 1982, lives in Bayuquan District, Yingkou City, Liaoning Province.

Executed person:Song Mouxuan, female, Han,Born on November 28, 1987, he lives in Shahekou District, Dalian City, Liaoning Province.

The hospital is in the implementation of Dalian Huayuankou Zhongyi Microfinance Co., Ltd.Zhang a its,Song MouxuanIn the case of a dispute over notarized creditor's rights documents, the outsiderpay a certainThe hospital is located in Shahekou District, Dalian City.House xx raised an objection to the execution. After accepting the case, the court formed a collegial panel in accordance with the law to conduct a review. The case has now been closed for review.

The case claims that the request for suspension is right.Zhang a itsThe name is located in Shahekou District, Dalian CityThe auction procedure for xx house and the suspension of the execution of the ruling on (2022) Liao 0204 Zhihui No. 64. Facts and Reasons: ExecutedZhang a itsInOn February 13, 2017, a loan of 3.8 million yuan was borrowed from an outsider for a period of 10 months, that is, to be repaid before December 12, 2017. The person to be executedZhang a itsInOn August 29, 2017, 1 million yuan was repaid to the outsider, and the remaining amount was not repaid on time when it was due. The parties entered into the Lease Agreement on February 15, 2018.Zhang a itsIts name is located in Xinghai Square, Shahekou District, Dalian CityNo. 22 house in C2 district is rented to outsiders to offset the arrears. the lease term is 10 years and the rent is 2.8 million yuan, which will be paid in one lump sum. To sum up, the outsiders believe that the house involved in the case had a lease before the court seized it, and it is still in the lease period. On September 29, 2022, the court ruled that the house involved in the case was subject to judicial auction and sale, but there was no lease announcement on the judicial auction page and no notification to the outsider, resulting in the outsider losing the right of first refusal to purchase the house. In accordance with the "Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objection and Reconsideration Cases by the People's Courts" and relevant provisions of the Civil Procedure Law, objections are raised and support is requested.

The hospital found out that Dalian Huayuankou Zhongyi Microfinance Co., Ltd. andZhang a its,Song MouxuanNotarized creditor's rights document dispute case, the People's Republic of China Dalian City, Liaoning Province, notarization in.On May 10, 2021, (2021) Liaoda City Certificate No. 20 Execution Certificate: "1. The application executor Dalian Huayuankou Zhongyi Microfinance Co., Ltd. and the applicant on September 21, 2020Zhang a its,Song MouxuanSigned the Loan Contract, the Mortgage Contract (hereinafter referred to"the contract"), the contract has been notarized by this office and given the effect of enforcement, notarial certificate number:(2020) Liao da shi zheng jing zi no 4963-4964. 2, according to the contract agreement, the applicant.Zhang a its,Song MouxuanBorrowed RMB 8 million and 5 million yuan from Dalian huayuankou zhongyi small loan co., ltd., the term of the loan.12 months, I .e. from September 21, 2002 to September 21, 2002. ExecutorZhang a its,Song MouxuanWith all its fall in Dalian Shahekou DistrictThe property at xx provides collateral for the above borrowings. The parties agree that the person to be executedZhang a its,Song MouxuanThe repayment obligations and guarantee obligations shall be performed on schedule. If the obligations under the above-mentioned contract are not performed or fully performed at that time, or the applicant for execution declares that the creditor's rights are due in advance due to other events, or the applicant for execution violates the contract, the applicant The executor has the right to apply for an execution certificate to a notary institution with a notarial certificate and apply to the people's court with jurisdiction for compulsory execution, the person against whom the application is made voluntarily accepts the compulsory execution by the people's court having jurisdiction and voluntarily and unconditionally waives the right of defense.3, according to the contract, the application for execution.Zhang a its,Song MouxuanThe above-mentioned property secured by mortgage to the applicant has been registered as a mortgage, and his certificate number is Liao (2020) Real Estate Certificate No. 00194569 of Dalian's four districts. 4, according to the applicant for enforcement, the person being appliedZhang a its,Song MouxuanSince February 15, 2002, the interest has not been repaid as agreed, and the principal still owed is RMB8500000.00 yuan and interest, penalty interest. I was in April 20, 2002 to apply for executionZhang a its,Song MouxuanMail the Verification LetterTo verify the performance of its debts, if the person against whom the application is made has any objection, it shall be submitted to this office within seven days. As of May 7, 2002, the applicant had not provided the Office with relevant on-time repayment certificates. In response to the application of the executor for recovery of all the money, this execution certificate is hereby issued in accordance with Article 238 of the the People's Republic of China Civil Procedure Law, Article 37 of the the People's Republic of China Notarization Law, the Rules of Notarization Procedure and the commitments made by the executor in the Loan Contract and Mortgage Contract signed by the executor. The applicant, Dalian Huayuankou Zhongyi Microfinance Co., Ltd., may apply to the people's court with jurisdiction for compulsory execution with this execution certificate and (2020) Liaoda City Zheng Jing Zi No. 4963-4964 notarial certificate. The implementation targets are: 1. Borrowing principal: RMB 8500000.00 yuan only; 2. According to the newly promulgated judicial interpretation, the interest shall not exceed four times and 15.4 of the LPR on the signing day (calculated from January 16, 2021 to the actual payment date);3. The penalty interest will rise by 50% according to the contract interest rate (calculated from February 16, 2021 to the actual payment date);4. Lawyer fees: RMB 340000.00 yuan; 5. Notary fee: RMB 17000 yuan." After that, the executor applied to the Court for execution on the basis of the notarized creditor's rights document.

During the execution, the CourtOn June 3, 2021, the executed person was seized.Zhang a itsLocated in Shahekou District, Dalian CityHouse xx.

In order to prove its claim, the case provided the court with evidence such as a debit note, a receipt, a lease contract, etc., and according to the above-mentioned material records, the person to be executed.Zhang a itsInFebruary 13, 2017 to the outsiderpay a certainBorrowings3.8 million yuan, with a loan term of 10 months. August 29, 2017,Zhang a itsTopay a certainRepayment1 million yuan. On February 15, 2018,Zhang a itswithpay a certainSign the lease contract, agreeZhang a itsWill be involved in the housingThe price of 2.8 million yuan for 10 years is rentedpay a certain, Lease TermFebruary 15, 2028.

The Court is of the view that an outsider's objection to the exclusion of enforcement should comply with the relevant legal provisions. Article 31 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objection and Reconsideration Cases by the People's Court stipulates that the lessee requests to prevent the transfer of the executed real estate to the transferee during the lease period, and has signed a legal and effective written lease contract and occupied and used the real estate before the people's court seized it. The people's court shall support it. If the lessee and the executed person maliciously collude to lease the executed real estate at an obviously unreasonable low price or forge evidence of the delivery of rent, the people's court shall not support its request to prevent the transfer of possession. First of all, the outsider raised an objection to the lease relationship, not only requiring the outsider to sign a lease contract with the executed person, but also requiring the outsider to occupy and use the house involved in the case before the court sealed it up. In this case, the outsider only submitted evidence that he signed the lease contract before the court sealed it up, but there was no evidence that he occupied and used the house before the court sealed it up, which did not meet the above-mentioned conditions. Secondly, although the outsider provided the lease contract signed before the court sealed it up, according to Article 210 of the the People's Republic of China Contract Law, which was still in effect when the fact occurred, the lease contract is the contract that the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent, while the relationship between the outsider and the executor is actually through the outsider's possession and use of the house to realize the creditor's rights, the legal relationship between the two parties is still a continuation of the debt-to-debt relationship, which is not in line with the connotation of the lease contract and does not belong to the lease relationship protected by Article 31 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objection and Reconsideration Cases by the People's Court, which cannot be excluded from enforcement by outsiders. To sum up, the objection request of an outsider is unfounded in law and this court will not support it.

In accordance with Article 234 of the the People's Republic of China Civil Procedure Law and Articles 24 and 25 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objection and Reconsideration Cases by the People's Court, the ruling is as follows:

Dismissed outsiderpay a certainThe objection request.

If you do not accept this ruling, you may file a lawsuit with this court within 15 days from the date of service of this ruling.

Presiding Judge Blue Sky

People's juror Cong Libo

People's Juror Jiang Yumei

February 15, 2003

Clerk Yang Dan