Legal information

Among the successful cases won by lawyers Yingting, there is a case in which a hydraulic machinery factory won the bid of 6.28 million yuan for 32 acres of state-owned land but failed to obtain the land for 6 years after paying for it. The company obtained corresponding compensation through litigation.

The hydraulic machinery company signed the "State-owned Construction Land Use Rights Transfer Contract" with the local development zone management committee (hereinafter referred to as the management committee) in early November 2012. The two parties agreed to purchase a 20-acre piece of state-owned land in the development zone for 6.28 million yuan. The land was industrial land with a use period of 50 years. Within one week of signing the contract, the company paid the entire land transfer fee of 6.28 million yuan to the management committee. The management committee originally delivered the land at the same time, but who knew that the wait would be five years. Until early 2017, the hydraulic machinery company had no choice but to entrust Beijing Yingtong Law Firm to file a lawsuit against the development zone management committee and the city's Land and Resources Bureau.

After early understanding of the situation and investigation and evidence collection, the hydraulic machinery company submitted the following evidence to the court to assert its rights:

1. The "Listing Transaction Confirmation Letter" proves the fact of transfer

2. "State-owned Construction Land Use Rights Transfer Contract", proving the fact of transfer and agreeing on delivery time and liquidated damages;

3. Land transfer fee payment voucher to prove the fulfillment of payment obligations;

4. Reminder letters and mailing receipts from the Administrative Committee and the Bureau of Land and Resources, proving multiple reminders;

5. Submit proof of losses, including transfer fees, interest, deed taxes, early construction investment, exploration fees, labor costs, expected losses, and your own losses due to the failure to complete the land factory building.elsewhereThe total amount of rent, liquidated damages for production, equipment losses, land use tax and legal fees incurred by leasing the factory is approximately 26 million yuan.

6. The defendant has been going through various procedures for the construction of the project. Because the defendant could not deliver the land on time and could not be put into production, it caused an expected annual profit of 15.32 million yuan, and requested compensation;

And so on, after a series of rights-defending evidences formed a complete chain of evidence, and after three court sessions in March 2017, January 2018, and June 2018, the Development Zone and the Land and Resources Bureau were finally ruled to lose the case and compensate the hydraulic machinery factory for most of the compensation claimed.

According to Article 73, Article 74, Paragraph 2, Item (3), and Article 76 of the Administrative Procedure Law of the People's Republic of China, Article 94, Paragraph 1, Item 4, and Article 97 of the Contract Law of the People's Republic of China, Article 20 of the Interpretation (2) of the Supreme People's Court on Several Issues Concerning the Application of the Contract Law of the People's Republic of China.

Such cases are often encountered in investment promotion and bidding, auctions and listings in various places. After the enterprise obtains the land use rights through legal procedures and procedures, it has been unable to actually use the land, or after acquiring the land, it is unable to build a factory and put it into production due to changes in urban planning. The enterprise has to rent other people's factories and pay high fees at the same time. Land purchase and maintenance costs are based on the maintenance of government-enterprise relations. At first, companies try their best to communicate with relevant departments to solve the problem, but only after they cannot solve it do they think of asking lawyers to intervene. For small and medium-sized enterprises, how many can survive with such a big burden like this hydraulic machinery factory?

I hope that all companies will develop smoothly and not encounter similar things.