Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
[Yingting wins the lawsuit] It only took 2 months for a small mechanical processing enterprise in Liaoning to win the lawsuit, and the compensation was increased by 1.5 times
Home page >> Classic case >> State compensation
Article author：Yingting Lawyers Group | Update time：2019-04-17 | Reading times：1071
After two months of efforts by the lawyers handling the case, Zhang Fengbin and Zhang Yue (intern), they successfully concluded the case through non-litigation negotiation before prosecution. The client who entrusted Yingting received satisfactory compensation!
1. Basic case facts and factual reasons
The case involved expropriation and demolition in a city in Liaoning Province for the purpose of tourism development. A small machinery processing factory with a legal business license was within the scope of the expropriation. The demolition compensation provided by the demolition party did not meet the actual losses of the parties. After multi-party negotiations, no agreement was reached. On a Saturday at the end of September, the parties I drove directly to Beijing and found the Yingting demolition lawyer team. Based on my previous understanding and trust of Yingting, and after communicating the basic situation, lawyer Zhang Fengbin believed that according to the "Regulations" and other relevant laws and regulations, the compensation was indeed lower than the relevant standards, and he could accept the client's entrustment, so he signed a contract on the spot and paid the legal fees.
Due to the urgent situation, after sorting out the information that day, even though the next day was Sunday, lawyer Zhang Fengbin, lawyer Dong Guonv and Zhang Yue (trainee lawyer) still gave up their rest and rushed to the city to conduct on-site investigation and evidence collection in response to the concerns of the parties. After three days of on-site investigation and evidence collection, they then sent an information disclosure application to the relevant departments, requesting policy documents related to the demolition project...
In the face of a series of facts, the demolition party finally sat down with the parties in a friendly manner to negotiate on issues related to demolition compensation.
After two months, the parties finally got the demolition compensation they deserved according to law, signed the demolition agreement that was reviewed with the assistance of lawyers, and resolved the conflicts between the demolishing party, the demolished party and the relevant local departments without starting litigation procedures, achieving a win-win result.
1. Litigation request: Request to revoke the administrative action of the "House Expropriation Compensation Decision" made by the defendant.
2. Because the defendant’s administrative act of issuing the “House Expropriation Compensation Decision” directly involves the plaintiff’s housing demolition compensation rights and interests, the administrative act has a legal interest in the plaintiff. The plaintiff learned through investigation and visits that the defendant made the "Expropriation Decision" involved in the case illegally, and the "House Expropriation Compensation Decision" involved in the case was an illegal product. The facts based on the administrative action of the "House Expropriation Compensation Decision" involved in the case were unclear, the evidence was insufficient, and the procedures were illegal and should be revoked in accordance with the law.
3. The defendant’s expropriation behavior is illegal
(1) The "Expropriation Decision" involved in the case is illegal, and the "House Expropriation Compensation Decision" involved in the case is even more illegal.
(2) The selection method of the evaluation agency involved in the case is illegal.
(3) The compensation standard determined in the defendant’s “House Expropriation Compensation Decision” is far lower than the legal standard.
(4) The "House Expropriation Compensation Decision" involved in the case does not stipulate a transition period, which violates legal regulations.
2. After two months of hard work, lawyers Zhang Fengbin and Zhang Yue (trainee lawyer) of the Yingting demolition lawyer team successfully concluded the case through non-litigation negotiation before the lawsuit was filed. The client who entrusted Yingting received satisfactory compensation!
For case details, please call: 4000083855
Recommended reading
- Mineral rights mortgage financing: a new financing path for private mining companies
- Should the government’s investment promotion agreement be scrapped at the drop of a hat? The law has your back!
- Mining in the name of land leveling? The Central Inspection Team is exposed! Mine bosses, please don’t step into this trap.
- Mining license renewal delayed? The new regulations stipulate that a reply must be made within 15 days
- New opportunities for administrative reconsideration: increased litigation winning rate, smoother rights protection channels
- Mineral rights mortgage financing: a new financing path for private mining companies
- Should the government’s investment promotion agreement be scrapped at the drop of a hat? The law has your back!
- Mining in the name of land leveling? The Central Inspection Team is exposed! Mine bosses, please don’t step into this trap.
- Are companies being fined too much for small things? Court: The punishment is inappropriate and must be corrected!
- New opportunities for administrative reconsideration: increased litigation winning rate, smoother rights protection channels
