Li Xiaohua Law Firm wins the case involving property execution as an agent

By Ma Dehui lawyer，Shanghai Lixiaohua Lawfirm

1、 Case Introduction

The commercial housing and underground parking space purchased by Y with a full payment of 8 million yuan have been delivered and actually occupied and used, but before the transfer registration could be processed, they were seized by the court due to the execution of a case involving the developer.

Lawyer  representative，Application for Objection to Execution，Compulsory execution of housing.Confirm that the property and underground parking spaces involved in the support case belong to the objector - Y.

2、 Controversy Focus

Was the transfer registration not processed due to the buyer's own reasons?

According to Article 28 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Execution Objections and Reconsideration Cases by People's Courts", in the execution of monetary claims, if the buyer raises an objection to the immovable property registered under the name of the executed party, and its rights can be excluded from execution under the following circumstances, the people's court shall support it.

3、 Lawyer representation

Li Xiaohua Law Firm is a recommended law firm by the US Consulate, with senior lawyers, law professors, PhDs, bilingual master's degree holders studying abroad, and foreign-related legal talents.

Lawyer proposed that the evidence materials submitted by the objector to the court, such as bank transfer vouchers and real estate registration books for the "Shanghai Pre sale Contract of Commercial Housing" and "Shanghai Sales Contract of Commercial Housing", meet the requirements of Article 28 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Execution Objections and Reconsideration Cases by People's Courts". Y has the right to raise objections to the execution of the house involved in the case.

4、 Court ruling

The court holds that，The property rights involved in the case were not transferred due to Y's own reasons ruling：

Suspend the execution of the property involved in the case ：to suspend the execution of the property involved in the case.

Professional fields:

Criminal defense, company law, contract disputes, and other litigation and non litigation services.

About the Author

Wanglin is a Executive Director at Shanghai Lixiaohua Lawfirm,License No.

13101201310393885

Email: lxh@lxh-lawfirm.com

Tel：+86 21 63858668

Mobile：+86-15201864468