Jincheng Plaza Yu Xiang Building
Ten years ago, the construction of Jincheng Square in Xingping City began. This project, which integrates business and residence, has attracted great attention because it is the tallest building in the area. Unexpectedly, this project has buried many disputes. Dozens of shops were sold in one room and two rooms; Hundreds of small business owners can’t get the rent because their shops are hosted; There are also 10-storey commercial houses that are also suspected of being sold by one room. When contradictions were directed at developers everywhere, the director of Xingping Housing and Construction Bureau and others were unexpectedly investigated because of this project.
At 2 o’clock in the afternoon on June 30, 2016, the southwest corner of the intersection of Jincheng Road and Central Street in Xingping City was very lively.
This is the most prosperous area in Xingping City. Hotels, supermarkets, cinemas and office buildings are all gathered in one building, which is called Xiangrui Building in Jincheng Square.
In sharp contrast to the prosperity of Xiangrui Building, Yu Xiang Building, Jincheng Square on the east side of the road, is deserted here. After the main project of Xingping City was built, the tallest building in that year became an "unfinished building" because of various disputes, and stood on the side of the road, looking at the high-rise buildings in this city.
Some owners laugh at themselves: "one shop raises three generations" has become "one shop destroys three generations"
On June 30th, Liu Qingqing, a citizen of Xingping, who was nearly half a century old, still remembers the grand occasion of Xiangrui Building’s initial investment promotion.
"It was around 2006 that several extended Lincoln cars suddenly appeared on the streets of Xingping City. There were signs hanging behind the cars, and several big characters were posted on the signs,’ Jincheng Square, one shop for three generations’".
Subsequently, some news and advertisements about Jincheng Square appeared in some media and websites. Wang Zicheng, the owner, still keeps some news of that year, among which, one news mentioned, "On January 8, 2005, Jincheng Plaza, a large fashion shopping park invested and developed by Shaanxi Senhai Industrial Company (hereinafter referred to as Shaanxi Senhai), started construction … This project is the key investment attraction project of Xingping Municipal Government this year, with a total construction area of 51,000 square meters. It is a large shopping plaza integrating catering, entertainment and shopping. The building is underground and above ground.
According to the data at that time, the Xingping Municipal Party Committee and Municipal Government put forward the idea of "high-point positioning and leaping development", and the overall architectural modeling of the project was a three-dimensional green square with a retreat table. At that time, Xingping City positioned the theme of this square as the future Xingping commercial core area.
In the following investment promotion, some leaders and officials of Xingping City delivered an "important speech".
Soon after, about 500 owners bought the shops of Xiangrui Building. The slogan of "one shop for three generations" is firmly believed by everyone. Many owners rely on borrowing from east to west to raise funds and want to change the fate of their families by a small shop. However, it backfired, and then we found that some people even lost their money, not only did they not make money, but also the shops they paid for disappeared.
Liu Qingqing quipped, where is this "one shop for three generations"? It is simply "one shop for three generations".
According to the developer’s regulations, the owner of the purchased shop cannot operate by himself.
On January 21st, 2007, Liu Qingqing, who worked in a local state-owned enterprise, also raised money to buy a shop.
This shop was shown on the drawings at that time as B-45 on the first floor of Jincheng Square, and the price at that time was 5799 yuan per square meter. The shop area purchased by Liu Qingqing is 16.47 square meters, with a total price of about 95,500 yuan.
After purchasing the store, Liu Qingqing signed a lease agreement with the developer Shaanxi Senhai at that time, stipulating that the store can’t be operated by the owner himself, but can only be entrusted to the developer, and the annual rent is 8% of the house price, that is, the monthly rent in Liu Qingqing is about 630 yuan. Liu Qingqing said that at that time, the developer promised 70 years of property rights, and they were puzzled, because the property rights of commercial houses were not 70 years, but the developer said that the nature of the land here was residential houses. Liu Qingchun calculated an account, and returned 8% of the rent every year, which is much higher than saving money in the bank. After 12 years, he can return all the house money, and there are 58 years of property rights, which confirms the saying of "one shop for three generations".
At the same time, the developer and Liu Qingqing agreed that the rent should be paid in advance every quarter, and the rent of this quarter should be paid in the first 10 days of each quarter.
On May 5, 2007, Liu Qingqing signed a trust agreement with the developer, and the developer can pay the rent according to the agreement within two years.
In April 2009, when Liu Qingqing asked for the rent in the second quarter, the developer began to shirk and didn’t want to give it. Liu Qingqing went to the shopping mall to see her shop, and found that the number marked on the location of her shop did not match the number on the contract drawing.
Liu Qingqing said that she was lucky. In order to get a quarter’s rent, she often made hundreds of phone calls. "Because my husband was ill and needed money urgently, I always hurried … Once, in order to pay the tuition for my children, I went to the mall every day to ask the developer for money …".
In this way, although the rent in Liu Qingqing could not be paid on time, it was barely paid in the third quarter of 2014.
13 owners: the rent has not arrived and they are told that the shops are gone.
Wang Zicheng’s experience is similar to that of Liu Qingqing.
In November 2011, Wang Zicheng bought a shop on the 3rd floor of Xiangrui Building, with a price of 6,700 yuan per square meter and an area of 13.25 square meters. Wang Zicheng is a trusteeship agreement signed with Xingping Lingyun Department Store. Like other owners, the shops can’t operate by themselves, but can only be managed by developers.
According to a survey conducted by the reporter of Huashang Daily, the legal representatives of hundreds of owners are the same person, whether they are signed with the developer Shaanxi Senhai or Lingyun Department Store.
Wang Zicheng’s rent was paid in the third quarter of 2013, and Lingyun Department Store never paid rent again. Subsequently, Wang Zicheng and other owners wanted to go to the Housing Authority to do the real estate license, but they were told that the house could not be handled without acceptance.
Since 2015, owners who bought Xiangrui Building have started to set up owners’ committees. Reportedly, the owners’ committee went to the developer for a list of owners many times, but the developer just didn’t want to provide it.
The owners found that the second and third floors of the shops in Xiangrui Building had been leased to CR Vanguard to open a supermarket. Wang Zicheng said that they counted the area of shops purchased by the owners on the 2nd and 3rd floors, and found that the total area reached 11,000 square meters. They found CR Vanguard, and the data obtained here showed that the total area of shops on the 2nd and 3rd floors in CR Vanguard was about 8,000 square meters, that is to say, the area of shops sold by Xiangrui Building was 3,000 square meters more than the real area. What’s wrong with this?
Although the owners can’t get the real estate license, they still go to the Housing Authority for the record of housing sales, and more than 100 owners have filed here before and after. In the record, some owners found that some of the same shops were actually sold to two families.
On June 18th, 2015, a document of Xingping Urban Construction Bureau said that among the more than 100 registered owners, 13 owners’ houses, including Wang Zicheng, Ma Yibing and Hu Mengting, did not exist at all, because the developers had previously sold these 13 shops to others.
Later, their investigation in Wang Zicheng found that only in Xiangrui Building, 52 shops were sold in one room and two rooms, and some owners also told Huashang Daily that there was even a phenomenon of one room and three sales.
135 homeowners: canceling the contract and asking for rent won the lawsuit and lost money.
In April 2015, 148 owners of Xiangrui Building went to Xingping City Court to sue Shaanxi Senhai for the rent after the store was entrusted. In October 2015, Xingping City Court ruled that the owners won the case, sentenced Shaanxi Senhai and the owners to terminate the custody contract, and sentenced Shaanxi Senhai to repay the rent of the owners.
However, Wang Zicheng and other 13 households’ requests for rent refund were rejected by the court, which held that Xiangrui Building had no shops such as Wang Zicheng.
Wang Zicheng and others began to report the developer to Xingping Public Security Bureau on the grounds of fraud. The Economic Investigation Brigade of Xingping Public Security Bureau believes that this is a civil dispute and should be resolved in court. Xingping city court thinks this is fraud and should be accepted by the public security.
"The Public Security Bureau said that if the court thinks it is a fraud case and belongs to the jurisdiction of the public security, the court can hand over the case. The court said that if the public security bureau refuses to accept the case, the public security bureau should issue a decision on not accepting it, "said Wang Zicheng, who has been here for nearly a year."
Under their repeated urging, Xingping City Public Security Bureau issued a decision not to file a case. Subsequently, 13 people, including Wang Zicheng, sued the court. At present, the case has been accepted by the court and has not yet been decided.
The 135 owners who won the contract cancellation and demanded rent won the lawsuit and lost money. "We asked the court to enforce it, but the court said there was nothing to enforce, and the developer’s car, house and bank assets were all gone," a judge told the owners.
Project builder: A 10-storey commercial house is also suspected of selling one room and two houses.
The dispute over the shops in Xiangrui Building has not yet subsided, and the Yu Xiang Building opposite Xiangrui Building is littered with smoke.
On July 6, 2016, Jiang Deqi, general manager of Xi ‘an Branch of Haitian Construction Group Co., Ltd. (formerly Zhejiang Haitian Construction Group, hereinafter referred to as Haitian Construction), revealed to reporters that he was also ambushed by the developer Shaanxi Senhai.
Jiang Deqi said that from March 28th, 2006, they signed an agreement with the developer Shaanxi Senhai, and then Haitian Construction Xi ‘an Branch started construction on the site as the construction unit of Xiangrui Building and Yu Xiang Building in Jincheng Plaza.
Jiang Deqi said that when the building was capped in 2008, because the developer had no money to repay part of the project payment, the two sides reached an agreement, and the developer delivered the commercial housing on floors 7-16 of Yu Xiang Building to Haitian to build the project payment of Xi ‘an Branch.
To Jiang Deqi’s surprise, in 2015, after an economic dispute between Shaanxi Senhai and another natural person, Feng Li, the Yanta District Court of Xi ‘an ruled that Shaanxi Senhai lost the case, and Shaanxi Senhai actually took the 7-16th floor commodity building of Yu Xiang Building as a debt in kind. At the same time, Yanta District Court issued an enforcement ruling.
Jiang Deqi told the Huashang Daily reporter that Shaanxi Senhai will sell the 10-story house that has been sold to Haitian Construction once again. Jiang Deqi believes that what Shaanxi Senhai did in Xiangrui Building and Yu Xiang Building not only deceived hundreds of owners, but also deceived their builders.
On November 5, 2015, Haitian Construction Xi ‘an Branch filed an Application for Litigation Preservation with Xingping City Court. On March 10, 2016, Xingping City Court sealed up the commercial housing on floors 7-16 of Yu Xiang Building. Subsequently, Haitian Construction Xi ‘an Branch filed a lawsuit in Xingping City Court, requesting the court to sentence the 7-16 floor commercial housing to its own. During the court hearing, Shaanxi Senhai did not appear in court. Subsequently, Xingping City Court ruled that the plaintiff’s claim was rejected on the grounds that the two seals on the materials provided by Haitian Construction Xi ‘an Branch were different.
Subsequently, Haitian Construction Xi ‘an Branch refused to accept the appeal.
Developer: Selling the sold shops to other owners has one room and two sales.
On July 6, the reporter of Huashang Daily met Lin Jie, the legal representative of Shaanxi Senhai.
At present, Lin Jie is temporarily working on the first floor of Yu Xiang Building, an unfinished building. For the above incident, Lin Jie thinks that he is also a victim.
Lin Jie said that he originally bought a large-scale house in Jincheng Square. Later, because Shaanxi Senhai had no money to build a building, he took over Shaanxi Senhai in 2008, that is to say, the original legal representative transferred the company to him.
Lin Jie said that he has been involved in lawsuits since then. At first, it was a lawsuit with Yang Moumou, the vice president of a hospital in Xianyang, because Yang Moumou bought 149 shops on the second and third floors of Xiangrui Building. The lawsuit between the two sides began with Xingping City Court and Xianyang Intermediate People’s Court ruling Lin Jie in favor.
After Lin Jie won the case, Xianyang Intermediate People’s Court unexpectedly filed a retrial. As a result, Lin Jie lost the case, and the Provincial High Court rejected Shaanxi Senhai’s complaint.
Lin Jie’s explanation is that when he won the second trial, he sold the shop to other owners, resulting in the phenomenon of one room and two sales. However, the reporter from Huashang Daily confirmed that before December 21, 2012, when the Xianyang Intermediate People’s Court had not issued the judgment of the second instance, Lin Jie began to sell the shops that had been sold to Yang in the case that the ownership of some shops was still controversial, resulting in one room and two sales, which caused huge economic losses and spiritual blows to about 52 owners.
Regarding the issue of paying off the debts again for the commercial house on the 7th-16th floors of Yu Xiang Building, which should have been paid off to Haitian Construction, Lin Jie said that when he took over the Yu Xiang Building and Xiangrui Building in Jincheng Plaza from Xu Han, the head of Shaanxi Senhai, Xu Han did not tell him that he had paid off the debts on the 7th-16th floors of Yu Xiang Building to Haitian Construction. So is this the truth?
On April 5, 2012, Shaanxi Senhai and Haitian Construction signed an agreement on compensation for work stoppage. In this agreement, both parties have made it clear that floors 7-16 of Yu Xiang Building will be used to pay for the project, and both parties promised to improve the contract procedures for buying and selling houses.
Jiang Deqi and Lin Jie both signed the agreement. Jiang Deqi said that due to the depression of the real estate market in recent years, he did not improve the procedures in time and did not sell the house again.
Xingping City: More than ten departments formed a coordination group to solve the problems left over by the project.
On July 6, 2016, the reporter from Huashang Daily was confirmed by the Housing and Construction Bureau of Xingping City that Zhang Yongfeng, the rumored director of the Housing and Construction Bureau of Xianyang City, had fallen.
Liu Zhiyong, secretary of the Commission for Discipline Inspection of the Bureau, said that about two months ago, four or five comrades from Xianyang City Commission for Discipline Inspection came to Xingping City Housing and Construction Bureau to find Zhang Yongfeng, the director.
But I don’t know why, Zhang Yongfeng’s phone has been unanswered. At 12 noon, Zhang Yongfeng was taken away by the comrades of the Discipline Inspection Commission after returning to the unit.
Liu Zhiyong said that a few days ago, the procurator of Qindu District Procuratorate in Xianyang City came to Xingping City Housing and Construction Bureau to learn about the situation. He learned that the case had been handed over from Xianyang City Commission for Discipline Inspection to Qindu District Procuratorate. "The case of Director Zhang is an open secret in Xingping, and everyone knows it."
Liu Zhiyong said frankly that the accident happened in Zhang Yongfeng because of the project in Jincheng Square. What happened in the end? "I don’t know, it may be related to the economy.".
Zhang Yongfeng’s downfall, the reporter of Huashang Daily got more detailed information from Lin Jie. Lin Jie said that when the person in charge of Shaanxi Senhai sold the project to him, he buried a big pit for him. The agreed debt is much more than the original, and it was blocked by Hao Jijun, the leader of the second group of Xijie Village, where the project is located during the construction of Jincheng Square.
Lin Jie said that he began to report to the Discipline Inspection Commission, and "Xu Han, Hao Jijun and Zhang Yongfeng, director of Xingping Housing and Construction Bureau, were finally pulled out together".
Lin Jie said that the above three people have been handed over to the Qindu District Procuratorate, and he also said that a former director of Xingping Housing and Construction Bureau and other officials were also involved. Lin Jie said that at the beginning of the project, several public officials participated in it.
"The rent owed to the owner and the sale of one room and two houses do exist," Lin Jie said. After the law enforcement departments recover tens of millions of yuan from the above-mentioned personnel, he will use the money to repay the owner.
Others think that Lin Jie seems to deliberately muddy the pool and then evade some debts. However, it is an indisputable fact that Lin Jie and his Shaanxi Senhai have been caught in a lawsuit war, and they have been accused at least 150 times in recent years.
After the interview, Huashang Daily learned that Xingping City has set up a "Leading Group for Coordination of the Remaining Problems of Yu Xiang Building Project" headed by Pan Hui, member of the Standing Committee of the Municipal Party Committee and vice mayor, which is composed of more than 10 departments including public security, inspection, law, housing and construction bureau, mainly to properly solve the remaining problems of engineering construction and enhance the image of Xingping City. (In order to protect the privacy of the parties, some owners in this article are pseudonyms.)
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