The total price of a house with more than 100 square meters is only 100 yuan, less than one yuan per square meter. What's going on? Recently, such a 'strange thing' happened in Qijiang District, Chongqing. Now let's take a look at the specific content that more than 100 square meters of houses are only sold for 100 yuan!
In 2017, Chua's father and son owed hundreds of thousands of debts. After losing the lawsuit, in order to avoid paying off the debts, they not only hid their names, but even played a "golden cicada shelling". The "100 yuan sale" of the real estate with a valuation of at least 600000 yuan appeared during their debt evasion. So, is this sale supported by the law? Does it constitute a crime to cooperate with the person subjected to execution to transfer property?
The price of a 132.63 square meter house is only 100 yuan
In 2017, Chongqing's CAI mouhong and CAI mouming owed a debt of RMB 323000 in Huaping due to a contract dispute. After losing the lawsuit, the father and son took great pains to escape the debt. First, they disappeared and asked the creditor to rush to Chongqing, Guizhou and other places for several times. After repeatedly finding no results, the creditor Hu applied to Huaping court for enforcement in February this year.
Due to the fact that the person subjected to execution was away from home, the enforcement personnel of Huaping court not only started the property inquiry, but also timely sought assistance from the Executive Bureau of Qijiang District, Chongqing. In seeking help, the executive learned that CAI mouming's father and son had not lived in their hometown for many years, but inquired that CAI mouming's family had a real estate in Qijiang District, which had been transferred to someone else's name at the beginning of this year. However, Qijiang District executive bureau is unable to provide information on whether it is a sale or a gift, to whom and so on.
After hearing nothing, Cai mouming and his son still had executable property in their hometown. The execution team was confident and decided to change their thinking and find someone in the house. Four policemen rushed to Qijiang District, Chongqing and went to Qijiang District real estate registration center to inquire about the information of CAI mouming's house.
In the inquiry, the police officers found that the real estate area of the executed Cai mouming is 132.63 square meters, but the sales price is only 100 yuan. From the local real estate price, the market price of the real estate is expected to be at least 600000 yuan.
A hundred square meters house is sold at a hundred yuan cabbage price? Who picked up this 100 yuan sky 'big pie'?
Follow the leads, the police. During the investigation, it was found that the buyer of the house was also surnamed Cai, and the information obtained from the public security organ showed that the buyer was the daughter of the executed Cai mouming.
In order to prevent the executee Cai mouming and the third person Cai mouming from deliberately transferring property again to avoid execution, with the help of Qijiang District Court and local police station, the police found the real estate Cai mouming hid and the contact information of CAI mouming, the house buyer.
The executive police immediately sealed up the property and contacted the third person Cai through the number just found. Cai said that she worked in Chengdu and the property had been owned by her. The court should ask her father Cai mouming for arrears. She had nothing to do with the case.
The enforcement police explained to Cai the reasons for the seizure of the real estate, the contents of the seizure ruling and the right relief ways to raise an objection to the execution if they were not satisfied with the seizure ruling, and explained that they deliberately helped the executed Cai mouming transfer his property to avoid the legal consequences of execution, but Cai still refused to meet with the four police officers.
Because the real estate has been transferred to Mr. Cai, the case involves the rights and interests of a third party, and in order to prevent the third party Mr. Cai from obstructing the execution on the grounds of ignorance in the future, after consultation, the four executive policemen decided to rush to Chengdu to deliver the sealing up ruling to Mr. Cai, and informed Mr. Cai personally of the specific situation and made a written record of the execution.
When the executive police found CAI in Chengdu, Cai agreed to contact his relatives to go to Huaping court to solve the case under great pressure. A week later, Cai mouming, the person subjected to execution, took the initiative to contact the applicant to negotiate the repayment, and entrusted others to pay all the execution money to Huaping Court on April 9, 2019.
Lawyer: the transfer of concealed property is suspected of refusing to execute the judgment
Zhai Pengchao, a lawyer at Henan Golden Century law firm, told reporters that the transfer of property before execution belongs to malicious evasion of debt. This behavior can be revoked and creditors need to be compensated for their losses, but the definition of losses is relatively difficult; If the case has entered the execution stage and the transfer of property by the person subjected to execution constitutes the crime of refusing to execute the judgment, it is generally sentenced to fixed-term imprisonment of not more than three years. If the situation is particularly serious, it can be sentenced to up to seven years. Maliciously cooperating with the person subjected to execution in transferring property constitutes an accomplice in the crime of refusing to execute the judgment.