The court has hired a bricklayer... This execution

The debtor refused to repay the debt, but converted two adjacent houses under their name into a 200 square meter "luxury house" and claimed that it was their only house that could not be executed. In order to enforce the effective judgment in accordance with the law and protect the winning rights and interests of the applicant for enforcement, the enforcement court has specially invited a bricklayer

Connecting two houses to create one

Claiming to be the only housing

A Qiang, A Zhen, and a certain company were sued for defaulting on bank mortgage loans. After trial, the Yuexiu Court ruled that a certain company should repay the loan principal of over 4.9 million yuan and interest. If a certain company fails to comply with the judgment, it will dispose of the involved houses under A Qiang and A Zhen's names in accordance with the law, and the bank will have priority in receiving compensation from the proceeds. After the judgment came into effect, the bank applied to the court for compulsory enforcement because none of the defendants had fulfilled their judgment obligations.

During the execution period, Aqiang and his wife claimed that the house in question was their only residence with their parents and refused to vacate the premises for relocation. The executing judge found through real estate registration inquiry that the house claimed by Aqiang and his wife actually has two property certificates. Through on-site investigation, it was found that the two of them have connected two houses with an area of 79.55 square meters and 116.61 square meters respectively, and are now living and using them with their parents. The judge believes that the area of the house they currently reside in far exceeds the needs of living security. If not enforced, it will seriously affect the realization of the applicant's right to win the lawsuit.

After on-site investigation, the judge decided to first transfer the involved property for evaluation, and then develop the best execution plan based on the case situation and evaluation price. After evaluation, the total assessed value of the two houses exceeds 12 million yuan.

Carry out the ritual before the soldiers

Hard core court clearance

After obtaining the evaluation results, the judge patiently explained to A Qiang and his wife, "The assessed price of the house is enough to cover all the debts, and the clearance and auction can not only increase the transaction rate and premium rate, but also ensure your long-term living life. Solving the debt in one go can avoid the continuous accumulation of interest and also help you get rid of the restrictions of dishonest people. This execution plan is the best solution for both parties involved in the execution. However, the two have always refused to clear the house and are unwilling to cooperate in the execution.".

After multiple rounds of persuasion were unsuccessful, the court decided to forcibly clear the site and deliver it for auction, and issued a notice of relocation and clearance.

At the end of the announcement period, the judge and consul selected a professional decoration and construction team to enter simultaneously, build partition walls, install doors, and restore the original appearance of the two rooms in the house drawings. In order to prevent obstacles during the execution process, the judge also invited local neighborhood committee and police station staff to assist and witness the execution in advance, and also contacted medical staff to be present for assistance in advance.

At the beginning of the construction of the wall, Aqiang and his family were in a state of excitement, throwing tantrums and beating the evidence collection equipment on site, and fighting fiercely against the execution. The judge calmly controlled the scene and immediately ordered the law enforcement officers to take the most aggressive Ah Zhen away from the execution site, and the next step was to impose punishment. At the same time, patiently interpreting the law for the executed individuals and their families who stayed on site, soothing the emotions of the two elderly people, providing ideological education to other family members, and clearly informing them of the legal consequences of resisting execution. The attitude of the present personnel gradually shifted from tough confrontation to active cooperation.

Construction is steadily progressing, and after ten hours of on-site work, the nearly 200 square meter large house that was originally opened up has completed wall spacing and been restored to two independent residential units with separate entrances. The court reserves a relatively small area of housing for Ah Qiang's family to live in. With the cooperation of Ah Qiang and his family, the court carries out an inventory of items, moves their daily necessities to the small house planned to be reserved for resettlement, and empties non daily necessities to the temporary resettlement site to further complete the clearance. At the same time, after completing the clearance work for larger houses, they were quickly handed over for auction at an evaluation price of over seven million yuan.

temper justice with mercy

The judge said this

Hou Azhen was fined 50000 yuan for using violent means to resist execution; The relevant family members slapped the execution equipment and affected the on-site evidence collection. After education, they sincerely apologized to the court and wrote an apology letter. As they did not cause any damage, the court did not impose further punishment.

Chen Xuzhao, the enforcement judge of Yuexiu Court, pointed out that according to relevant laws and regulations in China, the people's court may seal the residential buildings necessary for the life of the debtor and their dependent family members, but may not auction, sell or offset debts. However, the only housing of the person subject to enforcement is not entirely equivalent to essential residential housing. When the person subject to enforcement raises an objection on the grounds that the seized property is their only housing and is necessary for maintaining basic family life, the court will handle it according to the specific situation of the case and the content of the enforcement.

In this case, the defendants A Qiang and A Zhen claimed that the property in question was their only residence and could not be executed. However, the property was actually a large residential area connected by two houses. Therefore, the court determined that the residential area exceeded the daily necessities of the defendant and enforced it. The larger house separated by a wall was auctioned off for realization, and the smaller house was left for A Qiang and his family to live in. While safeguarding the rights and interests of the applicant for enforcement, it effectively protects the right of residence of the debtor.

Execution work is often the "last mile" in realizing the right to win a lawsuit. The people's court, facing the "zero tolerance" of fancy refusal, fully exerts its subjective initiative, works hard, finds a way out, and solves problems with dedication, striving to achieve the execution goal of "doing practical things and solving people's worries". In addition, the judge reminded that if the debtor "violently refuses to execute" or "damages property" when facing property disposal, not only will it fail to achieve the purpose of obstructing execution, but it will also "reap the consequences" and bear corresponding legal responsibilities.

"Strike the Blackboard" "Provisions of the Supreme People's Court on the Sealing, Seizure, and Freezing of Property in Civil Execution by People's Courts"

Article 4: The people's court may seal the residential buildings necessary for the daily life of the person subjected to execution and their dependent family members, but may not auction, sell or offset debts.

"Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Execution Objections and Reconsideration Cases by People's Courts"

Article 20: In the execution of a monetary debt, if the person subject to execution raises an objection on the grounds that the subject matter of the execution is a residential property that is necessary for the person and their dependent family members to maintain their livelihood under any of the following circumstances, the people's court shall not support it:

If there are other residential buildings under the name of the person who has the obligation to support the person being executed that are necessary for maintaining their livelihood;

After the execution basis takes effect, the debtor transfers other properties under their name to evade debt;

The applicant for enforcement shall provide residential housing for the executed person and their dependent family members in accordance with the local standard of affordable housing guarantee area, or agree to deduct five to eight years of rent from the price change of the house in accordance with the average rent standard of the local housing rental market.

The execution basis determines that the house delivered by the person subject to execution for residential purposes has been granted a grace period of three months from the date of delivery of the execution notice. If the person subject to execution raises an objection on the grounds that the house is a necessity for themselves and their dependent families to maintain their livelihood, the people's court shall not support it.