Fujian Gutian county government was sentenced to pay three hundred million


Fujian Gutian county government was sentenced to pay three hundred million

The government of Gutian County, Fujian Province has been awarded more than 300 million compensation for the suspension of investment houses and enterprises due to the adjustment of land property for environmental protection reasons.

A piece of land near Cuiping Lake in Gutian County, Fujian Province was changed from commercial residential land to public service supporting construction land. This means that Cuiping Lake Manor, a real estate project invested by Fujian Aile Investment Company (hereinafter referred to as Aile Company), has been aborted, and Aile has become a hot potato instead of an inviting fragrance from Gutian government.

After the damage of investment, Philharmonic company brought the Gutian government to court.

On September 24, the upstream journalist (Shanghai Younews) learned from Wang Cailiang, director of Beijing Cailiang Law Firm that the judgment received by the Fuzhou Intermediate Court on the same day showed that the investment framework agreement signed by Gutian County Government and Aile Company was invalid, and the Gutian Government compensated Aile Company for 300 million yuan and profits. Interest.

Fujian Philharmonic investment company is a large company in Jinjiang, Fujian. After the invitation of the Gutian county government, they came to Gutian to develop the real estate project, Tsui Ping Lake estate. On July 4, 2014, the two sides signed the "Gutian County Cuiping Lake District Project Investment Framework Agreement", the Gutian County Government promised in the agreement: to ensure that the land legally acquired by the company can be developed.

But the promise has not been fulfilled.

On July 15, 2016, the first commercial houses of Cuiping Lake Manor began to be sold in advance, and 59 units were sold. In August, the company received two messages: stop work, stop the follow-up housing pre-sale procedures.

Cuiping Lake Manor Promotion Word, the project is Gutian "Lake City in One" the first large-scale project, located in the Cuiping Lake Provincial Scenic Area, backed by mountains and rivers, make full use of natural hillside terrain and Cuiping Lake natural landscape advantages, committed to creating a French-style Royal Manor villa area.

Aile in Gutian folded halberd, while facing home owners to defend their rights, construction units for wages and so on. Philharmonic said they have repeatedly found the Gutian county government to discuss the solution, but failed.

The judgement of the Fuzhou intermediate people's court revealed the reason for the premature death of the project. According to Gutian County Government, in July 2017, the Fujian Provincial People's Congress passed the "Fujian Provincial Water Resources Regulations" and September 2017, the Fujian Provincial Government adopted the "Fujian Provincial State-owned Forest Farm Management Measures," put forward higher requirements for the ecological environment protection of Cuiping Lake; Fujian Environmental Protection Department has repeatedly sent letters to Gutian Government demanding that the coast of Cuiping Lake be stopped. The implementation of real estate development projects inside the highway.

This means that the land for Cuiping Lake Manor project has been changed from commercial residential land to public service supporting construction land. The Gutian county government said that after the change in the nature of land, they started the recovery process, but there were differences between the two sides.

The Fujian Intermediate Court holds that the Cuiping Lake Manor Project is a project for attracting investment and landing. The Gutian County Government has not fulfilled the "Investment Framework Agreement for Cuiping Lake Area Project in Gutian County", which is a breach of contract.

On September 14, the Fuzhou Intermediate Court decided to cancel the agreement between the two parties. The Gutian County Government compensated Aile Company for $302 million and interest within 30 days after the judgment came into effect.

Lawyer Wang Cailiang said that the judgment in this case fulfilled the spirit of the Guiding Opinions of the State Council on Strengthening the Construction of Honesty and Credit in Government Affairs and the Opinions of the State Council of the CPC Central Committee on Perfecting the System of Property Rights Protection to Protect Property Rights in accordance with Law. It further clarified that the government could not change the law overnight after making an act, such as If it really needs to be changed, the counterpart of the administrative act shall be compensated according to law so as to protect the legitimate rights and interests of the counterpart from losses caused by the change of the administrative act of the government.

Niu Tai, an upstream journalist

 

 

Editor in chief: Wu Jinming


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