There are three real estate certificates for a property. How can the executive judge solve the problem?

Cover Journalist Zhong Xiaolu

"Difficulty in execution" has always been a major problem in my country's judicial practice. Recently, in a borrowing dispute case implemented by the People's Court of Jinniu District, Chengdu, the implementation of the target was a three -bedroom and two -sized house. What caused a headache was that there were three independent real estate certificates in this real estate, and there were many have been provided by many. The court waited for seizure. In this case, how should a judge crack the interests of the creditors to protect the interests of creditors?

In October 2017, Wang and Lu signed a loan agreement. After that, Wang did not fulfill his repayment obligations as appointments, and Lu Mou complained to the Taurus Court. Under the host of the court, the two sides voluntarily reached a mediation agreement.

In March 2019, because Wang refused to fulfill the repayment obligation determined by the mediation, Lu Mou applied to the court for compulsory implementation. After the case was filed, the Taurus Court seized the person in the name of the executive name, No. 301 and 302, Building No. 21 and No. 302, Building 2, a community in Qinglin East Road, Chaoyang District, Beijing.

In April 2019, the executed person Wang and the applicant Ruou reached an implementation settlement under the chair of the court. Later, because the executed person Wang did not perform the repayment obligation in accordance with the execution and reconciliation agreement, Lu applied to the Taurus Court to resume the mandatory execution and applied for the auction to the house.

During the execution process, the undertaking judge found that Wang No. 301, No. 302 and No. 303 houses under Wang were actually a three -bedroom and two -guard house with an area of ​​215.63 square meters. Due to the policy reasons The real estate certificate, and houses 301, 302, and No. 303 have completed the mortgage registration procedures. Only one of the cases involved three houses can be used to achieve the purpose of the sale.

The judge also found that the mortgage owner 303 under the name of the Dong Mounen case was applied for compulsory execution to the Tongzhou District People's Court in Beijing, requiring auctioned houses No. 303.

How to sell this house? One is the court of Beijing, and the other is the court of Chengdu. Which court should this house auction? This involves a professional legal issue, that is, the first investigation court and the priority debt execution court on the implementation of the ownership of the disposal rights.

The houses 301 and 302 were seized for the first time by the Chengdu Golden Bull Court and the Beijing court was waiting for it. The No. 303 house under the name of the outsider was first seized by the Beijing Tongzhou District People's Court. The house involved in the case is located in Beijing, and the mortgage registration is established. According to relevant regulations, the Beijing Tongzhou District People's Court is based on the implementation of the right to implement the house 303.

In July 2021, Lu Mou submitted an application, hoping that the Taurus Court would be executed and dealt with the house involved in the case. After receiving the application of Lu, the undertaking judge and the Beijing Tongzhou Court conducted multiple negotiations, and finally obtained the auction execution of the three houses involved in the three houses involved in the case.

In May 2022, the Taurus Court actively organized a real estate auction involved in the case, and eventually auctioned for the price of 14.162 million yuan. The auction income was allocated by the creditors to distribute the debt in accordance with the law.

Judge

What is the first seal?

The first seal refers to the first seizure of the court to seize the court of the same property application court in the court of the same property, including the earliest seizure measures at the early stage of the lawsuit, or the earliest sealing measures during the implementation stage.

What is waiting to check?

Waiting for seizure refers to the property that other people's courts have seized. The execution court registered in the registration authority in order in turn, or recorded in the other people's courts, waiting in line. For official seizure.

There may be a mortgagee in the wait search, because the property rights are preferred to the general creditor's rights, and in accordance with the "Approval of the Supreme People's Court on the Court of Related Property Related Property Related Property Court" in the Supreme People's Court The court invited the court to transfer the right to disposal, so that the court can seize the court to obtain the right to dispose of the court in accordance with the first investigation of the court's reply letter.

- END -