Wenzhou World Trade Center. Photo taken by chuxu
Wenzhou World Trade Center got into a lawsuit again!
As the World Trade Center building of Wenzhou landmark, it has a design of 68 floors and is called the tallest building in Wenzhou. As early as 2008, the developers failed to sign a house purchase contract with some buyers, and they were collectively sued by 42 multimillions. On the day of the trial, Mercedes-Benz, BMW and other high-end cars were parked outside the court. Most of these 42 people were born in enterprises, and most of them were worth more than 30 million yuan. What is also “expensive” is that the legal fee for this case is only 2.1 million yuan.
However, this is only the prelude to a marathon lawsuit. The purchase dispute between developers and buyers later evolved into an online spat, repeatedly resorting to the public hall.
But this time, Wenzhou world trade Real Estate Development Co., Ltd. (hereinafter referred to as world trade house opening), as the plaintiff, took Wenzhou land and resources bureau to court on the grounds that it did not perform land grant contract according to the contract.
The day before yesterday, the case was heard for the second time in Lucheng District People’s Court.
The prosecution and defense of both sides showed that there was a close relationship between the lawsuit and the previous lawsuit.
Plaintiff: the defendant failed to perform according to the contract land grant contract, resulting in serious loss of housing opening
according to the WTO housing opening complaint, on May 29, 2001, Chen Yongkun and Huang Lina (Wenzhou tefulong Real Estate Development Co., Ltd.) the agreement on the transfer of state-owned land use rights of Wenzhou city was signed with the predecessor of the defendant Wenzhou Municipal Bureau of Land and Resources Wenzhou land administration, which agreed that the defendant should provide 8#, which is located in the reconstruction area of the former Jiefang South Road in the city#, 9# Plot (now the plot where Wenzhou World Trade Center is located). On March 17, 2003, the plaintiff and the defendant signed the state-owned grant contract of land use right of Wenzhou City. The land under the contract was located in the 8# Plot of the reconstruction area of the former Jiefang South Road in the urban area, with a transfer area of 19005 square meters, the transfer period is 50 years. The handover time agreed in the contract is April 1, 2003.
The World Trade Center claimed that after the contract was signed, the plaintiff paid the land price in accordance with the agreement, but the defendant did not deliver all the land to the plaintiff as agreed, mainly including three aspects, first, the 10# Building of ma’anchi in the red line of the plaintiff’s land was not demolished and delivered to the plaintiff until October 17, 2011; second, the construction of the commercial and trade subzone south line of the former Jiefang South Road center occupied the land within the scope of the plaintiff’s land, resulting in the plaintiff’s landscape greening and other construction until the project was completed and accepted in early 2014; third, sewage in Wenzhou World Trade Center Square can only be connected to sewage W61 and W1 wells, but well W61 no longer exists. However, due to the high actual operating water level of sewage main pipe, the sewage will be poured back and cannot be discharged smoothly. In order to solve the problem of sewage discharge, the plaintiff set up pipelines at his own expense, but was punished many times. In August, 2014, the reconstruction project of the sewage pipeline on the south side of maanchi East Road was completed, and the main pipe of the World Trade Center was connected to the pipe network. The building was completed and accepted and filed in November of the same year.
The plaintiff believes that the defendant’s breach of contract led to the lengthening of the plaintiff’s construction period. After the main building installation and decoration work were completed in 2010, the completion acceptance could not be carried out, which not only increased the huge capital occupation cost, it also caused huge compensation due to overdue delivery to the buyers, which made the plaintiff’s construction cost plus-sized and the period of land use right shrink.
The plaintiff asked the defendant to compensate the plaintiff for the loss of 0.115 billion yuan caused by his failure to perform land grant contract according to the contract, and paid 46.91 million yuan as liquidated damages, totaling more than 0.16 billion yuan.
Defendant: WTO delayed the completion acceptance due to its illegal construction behavior
Wenzhou Municipal Bureau of Land and Resources replied that on March 28, 2003, the two sides had visited the site of the land involved and signed for approval. The delivery of the disputed land had been completed, the World Trade Center also obtained the construction land use certificate of the land involved on July 11, 2006, so the Municipal Bureau of Land and Resources has fully fulfilled the land delivery obligation stipulated in the contract involved. However, the plaintiff delayed the completion acceptance due to more than 30 major illegal acts of over-range land use and over-scale construction such as design adjustment, unauthorized change and expansion.
In addition, the municipal bureau of land and resources believes that the demolition work of no. 10 building in ma’anchi mentioned by the plaintiff, as well as the disputes with buyers, the drainage pipe road and the extension of the construction of the barge project have nothing to do with the land grant contract of this case, it does not constitute the contract or legal obligation of the Municipal Bureau of Land and Resources, and the liquidated damages or compensation claimed by the plaintiff company have exceeded the limitation of action.
During the debate stage of the trial, the former defendant and the former defendant had a heated debate on the demolition work of the 10# Building, the sewage pipe, the construction of the barge project and the limitation of action. This case was not pronounced in court.
Review: Marathon seems like a long lawsuit
Since 2007, developers have asked owners to pay 2980 yuan of fine decoration and 1400 yuan of equipment per square meter. Moreover, the housing area has also shrunk. The house price has risen, and even the houses bought have risen accordingly. The owners who paid the money and did not pay the money are not satisfied. More than 70 owners have sued the development business one after another.
Among them, 42 millionaires who refused to pay the money played forward. On September 17, 2008, Lucheng District Court of Wenzhou City made a first-instance judgment on their case. The court held that since the house construction area and unit price were stipulated in the letter of intent for house reservation, developers could not charge any more equipment, let alone reduce the area at will. The building area and unit price of the House shall be subject to the agreement in the letter of intent for housing reservation.
During the prosecution, the owners also said that the letter of intent also agreed on the area of the House and the floor share of the house. If the actual area and share do not match, they have the right to calculate in a way that is more beneficial to themselves. The Court of First Instance did not support this.
After the judgment came out, the developer appealed to Wenzhou Intermediate People’s Court and demanded that the judgment of first instance be revoked. The owners also appealed to reject the judgment that the Court of First Instance did not support them.
In 2009, the final result of Wenzhou Intermediate People’s Court came out. The court not only affirmed the legal validity of the letter of intent for housing reservation, but also supported the owners’ appeal request.
In 2010, the World Trade Center building, which was caught in the mire of litigation, resumed the storm. Some buyers believe that the construction of the World Trade House violates the planning permission and damages their interests, but the Wenzhou Municipal Planning Bureau does not act on it. They take the Wenzhou municipal planning bureau to court, at the same time, the World Trade Center will be listed as the third person. The Lucheng Court ruled that the Wenzhou Municipal Planning Bureau would make a decision within 60 days from the effective date of the judgment (30 days can be extended with the approval of the person in charge of the urban and rural planning department).
[World Trade Center events]]
In 2001, the World Trade Center project was established.
In 2003, the World Trade Center started construction
At the end of 2005, the World Trade Center podium was completed.
In 2006, the podium was put into use and Yintai Department Store was settled.
In 2008, the main building of the World Trade Center was completed.
In October 2010, acceptance of pre-completion acceptance
In November, 2014, it passed the completion acceptance record
In July 2015, he obtained a construction permit for construction projects.
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Wenzhou World Trade Center. Chuxu took Wenzhou World Trade Center and got involved in the lawsuit again! As the World Trade Center building of Wenzhou landmark, it has a design of 68 floors and is called the tallest building in Wenzhou. As early as 2008, developers failed to sign with some buyers.