Professional Team | Zhongcheng Qingtai Executive Business Center

The Executive Business Center of Shandong Zhongcheng Qingtai Law Firm is a large team of professional lawyers in the enforcement field of the whole firm. Guided by the demand for legal services, with the help of its superior resources and comprehensive professional strength, it focuses on major difficult cases in the enforcement field, final cases capable of refusing to perform, enforcement objection cases, outsider objection cases, etc., and provides customers with a "breaking" plan to deal with difficult enforcement cases, let the judgment fall to the ground to achieve the last mile of fairness and justice, to help the parties to achieve the final benefits.

The execution business center has rich practical experience and big data resources in finding debtors and property investigations. It can provide customers with full-process enforcement services such as property investigation, quick seizure, shareholder accountability, etc., and provide customers with the best solution for difficult implementation. The solution is to effectively solve the problems of difficult implementation and payment for asset management companies, banks, and enterprises, and maximize the benefits of customers.

The execution business center focuses on receiving execution-related cases, accumulating case handling experience, building a professional team in subdivided business areas, trying to achieve a cutting-edge and professional level of execution cases, and gradually expanding business areas on the basis of focusing on execution cases. Since execution is not only the liquidation of assets, but also the disposal of non-performing assets, Zhongcheng Qingtai continues to merge financial execution and the disposal of non-performing assets into one field, which has now formed Zhongcheng Qingtai's characteristic business and become a beautiful business card for Zhongcheng Qingtai's legal services.

There are 75 members in the executive business center of Shandong Zhongcheng Qingtai Law Firm, and the director of the center is lawyer He Zefeng. There are 3 deputy directors of the center, including lawyers Zhang Haifeng, Wang Enguo and Zhao Haining. The secretary-general of the center is lawyer Zhang Rongjun.

The executive business center has been established since the second half of 2023 under the leadership of the head office's business innovation class. it aims to promote the promotion and development of the whole office's executive business, build a high-level executive team, integrate rich platform resources, form a strong executive business synergy, build an influential executive business brand, start the collection of typical cases in 2023, and compile and publish the "collection of typical executive cases of zhongcheng qingtai law firm" in early 2024. Share the excellent execution cases of the center in the whole institute, improve the execution business level of the whole center, aim to make each execution case excellent, and provide the most professional execution legal service guarantee for creditors.

Case of Objection between a Company of China Communications and a Commercial Factoring Co., Ltd., an Investment Development Co., Ltd., a Supply Chain Co., Ltd. and Huang
 

Sponsor Lawyer: Lawyer He Zefeng

Trial Court: Jining Intermediate People's Court Shandong Higher People's Court

A commercial factoring Co., Ltd. (hereinafter referred to as "a factoring company") as the applicant, with an investment development Co., Ltd. (hereinafter referred to as "an investment company"), Huang and a supply chain Co., Ltd. (hereinafter referred to as "a supply chain company") as the respondent to apply for arbitration to Jining Arbitration Commission. Due to the failure to fulfill the relevant obligations, a factoring company applied to the Jining Intermediate People's Court for enforcement. The Intermediate People's Court of Jining City issued a notice of assistance in execution, requiring a company to remit the amount of electronic commercial acceptance bills issued by the company to the Intermediate People's Court of Jining City. A company in China to communicate not to accept, to raise an objection. The undertaking lawyer has exclusive ownership of 35 million yuan in the bank account deposit of the execution target around a company of CCTC as an outsider in the execution case, which is sufficient to exclude compulsory execution. The court cannot enforce the bank account deposit of a company of CCTC as the defendant or the executed person before the court makes an effective judgment, and the court determines that the bank account deposit of a company of CCTC is the property of an investment company of the executed person according to law, the court could not directly enforce the law and other aspects. After the trial of Jining intermediate people's court and Shandong Higher People's court, it was finally decided that the 35 million yuan bank deposit of a company should not be executed.

An Asset Management Company Limited and Li Mou Execution Objection Case

Sponsor Lawyer: Lawyer Wang Enguo

Trial Court: Qingdao Intermediate People's Court, Shandong Higher People's Court, the People's Republic of China Supreme People's Court

In order to develop a project, a real estate limited company applied for a development loan from a bank of the original creditor, and registered the mortgage with the land of the project community and all the construction in progress. After being unable to repay the bank loan on time, the bank filed a lawsuit, and the claim was transferred to an asset management company limited in accordance with the law. However, in the course of litigation, it was found that a large number of houses had been signed online, but the relevant housing funds had entered the regulatory account, the houses had not been released from mortgage registration, and there were multiple houses signed online under the names of multiple individuals. After continuous implementation, it was learned that a real estate limited company "uses the method of online signing to borrow money from the related parties of the company's shareholders. After the money is in place, the relevant housing network will be signed by the lender to play a role of guarantee, and then the house will be used to repay the debt if it is unable to repay the loan". According to the above situation, the attorney analyzed that all relevant online signatures were not the real intention of buying and selling houses. Therefore, after many times of communication with the judge handling the case, the houses suspected of false online signatures were finally sealed up and the disposal process was successfully started. When it was launched in early 2022, the Communication Court made an appraisal auction of 34 houses at the same time, one of which was involved in this case. After posting the evaluation auction announcement, a total of 33 sets of real estate online signers filed enforcement objections, which were all rejected by the Qingdao Intermediate People's Court for hearing and review. Since then, 32 sets of real estate online signers filed a first instance of enforcement objection to the Qingdao Intermediate People's Court. After the first instance review, the Qingdao Intermediate People's Court also rejected all the objectors' claims; since then, 29 sets of real estate online signers filed a second instance of enforcement objection to the Shandong Higher People's Court. After review by the Shandong Higher People's Court, all the objectors' appeals were rejected. Since then, Li filed a retrial with the Supreme People's Court, and was eventually rejected by the Supreme Court. Li mou signed a total of 3 sets of real estate in a residential area, and the real estate involved was a large commercial villa. according to the information investigated by the attorney, the real meaning of the house sales contract signed by Li mou and other online signers and the person subject to execution was not for the purpose of transferring the ownership of the house. therefore, the Shandong provincial high court and the supreme court both believed that Li mou was not an ordinary commercial housing consumer based on this. After the good handling of the above-mentioned enforcement and enforcement objections, many investors showed great intention to buy, the debt involved in the case was finally transferred successfully in June 2024, and the team of lawyers helped the client successfully dispose of the debt.

A real estate development co., ltd. and Jiang mou implemented objections and reconsideration proposals.

Host lawyer: Zhao Haining lawyer

Trial Court: Dezhou Intermediate People's Court, Shandong Higher People's Court

In the case of a construction contract dispute between a construction group co., ltd. in Dalian and a real estate development co., ltd., after the Dezhou intermediate people's court issued a civil judgment of first instance in 2021, a construction group co., ltd. in Dalian and a real estate development co., ltd. both appealed to the Shandong higher people's court, which rejected the appeal and upheld the original judgment.

On March 31, 2022, a Dalian Construction Group Co., Ltd. and Jiang signed a creditor's rights transfer agreement, agreeing to transfer the creditor's rights enjoyed by a Dalian Construction Group Co., Ltd. in the first instance civil judgment to Jiang. On the same day, a construction group co., ltd. in Dalian mailed the creditor's rights transfer notice to the legal representative of a real estate development co., ltd. in the form of express mail, and signed for it on the same day. Jiang applied to the Dezhou Intermediate people's Court for enforcement on the basis of the legally effective civil judgment of first instance and the agreement on the transfer of creditor's rights. The Dezhou Intermediate People's Court filed a case for enforcement on May 7, 2022, and issued an enforcement notice to a real estate development company, requiring a real estate development company to perform its legal obligations within a time limit.

After receiving the notice of execution, a real estate development company submitted a written objection to the Dezhou Intermediate people's Court on the grounds that the transfer of creditor's rights between Jiang and a Dalian Construction Group Co., Ltd. was invalid and Jiang did not have the subject qualification of the applicant. The undertaking lawyer makes an active defense around the legality and validity of the transfer of claims. After hearing, Dezhou intermediate people's court rejected the objection application of a real estate development Co., Ltd. A real estate development company applied to the Shandong Higher People's Court for reconsideration. The Shandong Higher People's Court rejected the reconsideration application of a real estate development company and upheld the execution ruling of the Dezhou Intermediate People's Court.

Case of Objection between a Trust Co., Ltd. and Gao, a Real Estate Co., Ltd. and a Curtain Wall Co., Ltd.

Host lawyer: Zhang Haifeng lawyer

Trial Court: Shandong Higher People's Court

On June 4, 2014, a trust limited liability company (hereinafter referred to as "a trust company") provided a loan of 70 million yuan to a curtain wall Co., Ltd. (hereinafter referred to as "a curtain wall company"), and a real estate Co., Ltd. (hereinafter referred to as "a real estate company") provided mortgage guarantee for the above loan of a curtain wall company, and went through the mortgage registration procedures for the construction in progress. On June 12, 2016, because the loan was due and unpaid, a trust company applied for the issuance of an Enforcement Certificate and applied for enforcement. On August 1, 2016, the court of first instance seized a total of 25 projects under construction provided by a real estate company during the execution process. On October 27, 2016, the Beijing Fangyuan Notary Office issued a "Supplementary Implementation Certificate", stating that a trust company has a preferential right to compensation for the proceeds from the discount, sale, and auction of mortgaged property such as construction in progress owned by a real estate company. In 2018, Gao, an outsider, raised an objection to the enforcement department of the court of first instance regarding the seizure of the two houses he purchased. After examination, the executive department held that Gao did not prove that the commercial housing purchased was used for living and that there was no other housing under his name for living, and that a trust company had the right to mortgage the above-mentioned housing against outsiders in accordance with the law, and rejected Gao's objection request. Gao refused to accept it and filed a lawsuit against outsiders in accordance with the law, and the court finally decided to stop the execution of the two houses involved in the case.

Upon review, the Shandong Provincial Higher People's Court ruled to reject a trust company's retrial application.

Tian Mou and Cui Mou, Wang Mou, Huang Mou Distribution Plan Objection Case

Sponsor Lawyer: Lawyer Xu Changle

Trial Court: People's Court of Shizhong District, Jinan City, Shandong Province

Tian applied for compulsory execution based on the creditor's rights determined by the civil judgment No. 5699 of Minchu of the people's Court of Shizhong District of Jinan City, Shandong Province (hereinafter referred to as Jinan Zhongcourt). During the execution process, Jinan Zhongcourt deducted the due creditor's rights of Wang and Huang to the account of the court on April 11, 2022.

On April 15, 2022, Cui, based on the Civil Judgment No. 8187 of the People's Republic of China, submitted an application for participation in the distribution to the Jinan City Court, requesting participation in the distribution of the principal and interest of the creditor's rights, the delay in performance, as well as the case acceptance fee and the announcement service fee.

Tian believed that Cui did not meet the conditions for participating in the distribution, so he filed an objection to the execution behavior with the Jinan City Central Court; the Jinan City Central Court did not deal with it, but produced the "Execution of Property Distribution Plan" on June 23, 2022.

Tian raised a written objection to the above-mentioned distribution plan within the statutory time limit, and Cui raised an objection within the statutory time limit. Tian took Cui as the defendant and Wang and Huang as the third party to Jinan City. The court filed a lawsuit against the execution of the distribution plan.

After trial, the Jinan City Central Court issued Civil Judgment No. 10075 of the People's Republic of China on December 06, 2022, and ruled to revoke the above-mentioned "Execution of Property Distribution Plan."

Execution of Private Loan Dispute between Zhang and Hou and Hou
 

Host lawyer: lawyer che xiaoyang

Trial Court: Licheng District People's Court of Jinan City

The case of private loan dispute between the application executor Zhang and the executor Hou and Hou was mediated by the Licheng District People's Court of Jinan City. The two parties voluntarily reached the following agreement: 1. Hou owes Zhang the loan principal of 592286.41 yuan, starting from October 2021, Zhang will be repaid not less than 2000 yuan before the 16th of each month, and will be repaid before October 16, 2024; 2. if Hou has not repaid in full and on time for three months, then Zhang has the right to apply for execution together with the remaining unpaid loan principal, and Hou will separately pay Zhang's loan interest (based on 592286.41 yuan, calculated according to four times the quoted interest rate of the loan market for the same period published by the National Interbank Funding Center from May 7, 2021 to the actual payment date) and Zhang's lawyer's agency fee of 30000 yuan and case acceptance fee of 5011 yuan; 3. Hou Moumou shall be jointly and severally liable for repayment of the above agreement; The 4. parties will not pursue each other. The 5. case acceptance fee is 10022 yuan, which will be halved to 5011 yuan, which will be borne by Zhang.

After the mediation agreement came into effect, Hou and Hou, who were executed, never fulfilled the payment obligations determined by the mediation agreement, and Zhang applied to the Licheng District people's Court of Jinan City for compulsory enforcement. During the execution process, the applicant Zhang found that the executed person Hou and the sub-debtor Li had a private lending relationship from June 2020 to December 2020, and there was an effective judgment to confirm it. According to the No. 952 civil judgment made by the Licheng District People's Court of Jinan City on the case of Hou and Li's private loan dispute, Li should return Hou's 708750.80 yuan within 10 days from the effective date of the judgment and pay Hou's interest (based on 708750.80 yuan, calculated at 3.85 per cent of the annual interest rate from December 21, 2020 to the date of payment). The applicant then provided this clue to the Executive Board, hoping that the Executive Board would inform Li to pay the judgment directly to the Executive Board or the applicant and list him as the subrogated executor. The Executive Board launched an investigation based on this clue and found that Hou had withdrawn the execution application. In this case, Li could not be directly listed as the subrogation executor. The applicant Zhang could claim rights through subrogation litigation. Because Hou and Hou have no property available for enforcement, the Licheng District People's Court of Jinan City ruled on the case to terminate the enforcement procedure.