Baling Petrochemical in accordance with the law to safeguard the legitimate rights and interests of two case
August 23rd, Baling Petrochemical from Hunan Yueyang City Intermediate People's Court issued a civil ruling, rejected a restaurant owner asked the company to ask 200 thousand yuan compensation for housing damage retrial. This effect lasted for 4 years of litigation in favor of Baling Petrochemical company. Prior to July, the company by judicial procedures, will be a rental site for more than 10 years to recover the law, to safeguard the legitimate rights and interests.
Baling Petrochemical Company Legal Affairs Department responsible person, in August 2013, the company owners to provide housing surrounding a wine "judicial authentication opinions" as evidence to the court, the prosecution of Baling Petrochemical in 1996, 1998 two times during the flood due to drainage time the restaurant houses were soaked in the flood, 2002 because of its damage caused by the construction of housing that made 200 thousand yuan in compensation claims.
In the case of complex, long time, personnel changes, hard evidence and other circumstances, the Legal Affairs Department of Baling Petrochemical Company to overcome difficulties, based on facts, the law as the criterion, access to relevant historical data, several in-depth on-site investigation, has done a lot of detailed work in before the trial. In the Yueyang Tower District People's court, the company agent in eloquent facts and evidence, arguing that the other houses are illegal structures, and the wall cracking phenomena is caused by the poor quality of the house itself and other reasons, the responsibility is not in terms of Baling Petrochemical company. The court repeatedly summoned the mediation failed, in February this year, according to law, dismissed the plaintiff's claim.
In June this year, the plaintiff refused to accept the court's decision in accordance with the law to Yueyang City Intermediate People's court for retrial. In this regard, the Legal Affairs Department of Baling Petrochemical actively, put forward in the retrial, the court of first instance clear facts, irrefutable evidence, the applicable law is correct, the plaintiff's complaint that no new facts and evidence, there is no legitimate reason, but the lack of legal basis for the support of the so-called "trial by" in a the judgment has been clearly rejected the complaint entirely vexatious litigation. Yueyang City Intermediate People's court rejected the plaintiff's application for retrial, seriousness and authority to maintain the original judgment, safeguard the legitimate rights and interests of Baling Petrochemical company.
In another case, the Legal Affairs Department of Baling Petrochemical Company responsible person, the community for the realization of Pakistan station relocation of a line, Yunxi District Department of transportation in Yueyang city in November 2005 and signed the "site lease agreement", the company funded the construction of a simple parking lot is leased to the Department of transportation, for the purpose of a clear road the parking lot, the two sides agreed a 5 year lease. After the signing of the agreement, the performance of Baling Petrochemical building simple parking lot traffic departments in accordance with the agreement, the passenger station construction requirements, and with the consent of Baling Petrochemical agreed, supporting the station waiting room, office and parking shed. But the transport sector in the implementation of the agreement, the venue to the subordinate branch is responsible for the management of. In 2006 and 2008, the agency will be leased to a multiple site vehicle maintenance units, as the vehicle maintenance site; January 2010 to renew the site "lease", the lease period of 2014 years to December 31st. Although the traffic department efforts, but due to various reasons, can not achieve a road Pakistan starting station moved to "parking lot" cooperation, and the contract of lease expires, has not returned to the active site of Baling Petrochemical company.
In this regard, the traffic department of Baling Petrochemical and ground return matters conducted a number of consultations, both sides of the principle of mutual understanding and accommodation, in January 2014 agreed to sign the transfer site agreement, issues related to solve the return site. The two sides agreed that since January 2014, the Department of transportation will be building permanent site and site, completely free of charge transferred to Baling Petrochemical company. However, after the signing of the agreement, the other party fails to fulfill the agreement within the agreed period will be handed over to the site, the return of Baling Petrochemical, the company repeatedly urged him to perform the contract, but no results.
October 28, 2015, Baling Petrochemical and Yueyang city Yunxi district government held a factory high-level meeting, requirements of rental space must take the judicial process to solve, and the formation of "special meeting minutes". By the end of 2015, according to the traffic department of Baling Petrochemical Company and its subsidiaries and third automobile maintenance units to court, request the people's Court of Yunxi district and ordered the other three people quickly vacated rental site, restitution; completely removed all in the field of real estate, land clearing, demolition of water and power supply to the site. Ensure the site clean and transferred to Baling Petrochemical company.
The trial by the court in accordance with the law, and the other three people agreed to resolve the remaining issues, at the end of March this year will be the venue vacated return of Baling Petrochemical company. But in the performance of the judgment, third people will delay the court of Baling Petrochemical company. In this regard, the Ministry of legal affairs of the company in accordance with the pressure, urging the company to comply with the judgment, the community management center also repeatedly urged each other, which in July this year, the court of Baling Petrochemical company.
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