The original movie actor owes a million yuan and refuses to move out? This court in Shanghai has vacated over 130000 square meters of houses in 5 years for execution | a heavy blow. Changning Court | Housing
In just one year, Bian, who runs a dental clinic in Shanghai, was repeatedly hit hard. My mother, mother-in-law, and son passed away one after another, and a sum of investment money outside was taken away. The clinic was soon sued by the landlord for not being able to pay rent and faced compulsory enforcement. Facing the judge who came to the door, Bian spoke harshly, "Resist with death."
This is the real situation encountered by the Changning District People's Court in a case of execution in Shanghai. The execution of cases related to the vacating of houses is not only a key link in realizing the winning rights and interests of the parties involved, but also a difficult problem that has long plagued judicial practice. The proportion of old and bone cases that are difficult to resolve are high. This afternoon, the Changning Court held a press conference, during which it was revealed that from January 2019 to May 2023, the court handled a total of 511 cases related to the vacating of houses, and completed a number of difficult and complex cases with significant impact, such as the vacating of Starry Sky Square. The total area of vacated houses was 136382 square meters, and the total amount of property auctions was over 2.15 billion yuan.
From the perspective of the case execution process, the proportion of parties who are prompted to move out automatically through preliminary work is slightly higher than that of forced evacuation, but the overall difficulty of execution is relatively high. From the filing of the case to the vacating, auction, and completion of the execution, most cases involving vacating the house have been executed for more than the average number of execution days. The longest execution cycle for cases takes 12 years from the initial execution to the resumption and completion of the execution.
Bian's case took a lot of effort from the executing judge. In fact, Bian has the intention to renew the lease, and the clinic has been well received in the surrounding residential areas, so it should not be a problem to continue operating. However, given the previous arrears of rent, the landlord, as a state-owned enterprise, was concerned about the damage to state-owned assets and unwilling to renew the lease, resulting in a stalemate between the two parties. Considering that Bian's family has undergone significant changes in just one year, the executing judge did not take any stronger measures, but instead urged Bian to find a reliable third party to cooperate, with the third party leasing to the landlord and then subletting to Bian. Through this step, both the landlord's concerns were eliminated and Bian was able to continue operating, allowing the case to be concluded.
The Changning Court stated that, from the perspective of execution effectiveness, the proportion of execution targets in cases involving house vacation is higher than that of cases, and whether the house is vacated has a significant impact on the execution repayment rate. From 2019 to present, housing vacation cases account for 1.5% of the total number of executed cases, while auction amounts account for 39.2% of the total amount of pending cases. Therefore, in the face of some executed persons who refuse to vacate without reason, the court will also take compulsory measures to ensure the winning rights and interests of the applicant for enforcement.
Zhang was originally a movie actor and had a marital relationship with Zhao. Both of them owed Wu over 3.5 million yuan and interest for a long time. After Wu applied for compulsory execution to the Changning Court, the judge investigated and found that Zhao had a property in Changning District, and demanded that he fulfill it within a specified time. Otherwise, the property would be auctioned off by the judiciary. Zhang and Zhao have a good attitude and sincere words, but they have repeatedly delayed the relocation process, making it impossible for the execution work to continue. So, the executing judge served a pre detention notice on the two individuals, ordering them to move out within 7 days, otherwise judicial detention measures would be taken against the two individuals. This time, the two dared not delay any further and moved out on their own to complete the handover of the house.
In addition to pre detention, the Changning Court has also introduced new measures such as using "clearance deposit" and "continuing to enforce liability insurance" to promote the smooth evacuation of houses through multiple measures. However, the relevant person in charge candidly stated that the difficulty of vacating houses is not only an enforcement issue faced by the court, but also a comprehensive problem that requires joint efforts from various aspects and links such as legislation, law enforcement, judiciary, and compliance.