Guangzhou Yueken Green Garden and Guanshan Garden are unsealed! The unfinished 15-year Green Garden Project will be revitalized.

"Today, we learned through the property rights registration management system that the Guangdong Green Garden Project and Guanshanyuan, which were previously sealed up by the court, have all been unsealed." On October 28th, the relevant person in charge of Yueken Company told Nanfang Daily reporter that according to the execution ruling recently delivered by the relevant court, Guangzhou Real Estate Registration Center immediately started the unsealing procedures for the two real estate projects of Lvyuan and Guanshanyuan developed by Guangzhou Yueken Real Estate Development Co., Ltd. (hereinafter referred to as "Yueken Real Estate"). With the full unsealing of all the properties involved in the two projects, it also means that the Green Garden, a project that has been unfinished for 15 years in Yueken Road, Tianhe, Guangzhou, will soon be revitalized, thus taking a solid step for upgrading and updating the urban environment in Yueken area.

Yueken Green Garden Project is located 100 meters west of the intersection of Yueken Road and Jin Yan Road in Tianhe District, and is under the responsibility of Dianbai Second Construction and Guangzhou Kunlong Construction and Installation Engineering Co., Ltd. (hereinafter referred to as "Kunlong Company"). Guangdong Reclamation Company is a state-owned enterprise under Guangdong Agricultural Reclamation Group Corporation. The reporter inquired about the public information and found that in 2003, Yueken Lvyuan Project applied for the Pre-sale Permit of Commercial Housing (CertificateNo.: 20030146), in which the pre-sale area of residential buildings was 39,925 square meters, with 468 houses in total, and the pre-sale permit was valid until December 30, 2005.

However, after the main building was capped in 2004, the project ended badly because of a project payment dispute between Guangdong Reclamation Company and Kunlong Company and Dianbai Second Construction Company. The case dispute between the two parties went through the procedures of first trial, retrial and final trial by the Provincial High Court. the Supreme People’s Court made a final judgment on December 6, 2012, which came into effect on December 19 of that year.

Relevant documents show that after the Supreme People’s Court made the final judgment, due to various reasons, Yueken Real Estate failed to implement it according to the judgment. Therefore, Kunlong Company and Dianbai Second Construction Company applied to the Guangdong Provincial High Court for enforcement. On December 18, 2014, the Provincial High Court ruled that the case was executed by the Guangzhou Maritime Court according to the written application of the application executor Kunlong Company. On April 9, 2015, the Guangzhou Maritime Court sealed up 96 existing buildings with nearly 11,000 square meters of properties under the name of Yueken Green Garden Project and Guanshanyuan Project which had been built under the name of Yueken Company. Since then, Yueken Company has repeatedly raised execution objections to the amount of the seized property. Until May 2019, the Guangzhou Maritime Court finally determined that as of May 31, 2019, the execution target amount of this case was 197,893,607.50 yuan, and the application execution fee was 265,293.61 yuan.

According to the previous exclusive report of Nanfang Daily, on May 31, 2019, Yueken Company paid the execution amount in full according to the requirements of Guangzhou Maritime Court, and Kunlong Company also received the execution amount of 197.89 million yuan from Guangzhou Maritime Court on June 10 this year. After receiving the payment, Kunlong Company applied to the maritime court for enforcement objection. On June 26, 2019, Guangzhou Maritime Court made an enforcement ruling of (2019) Guangdong 72 Zhiyi No.17, rejecting Kunlong Company’s objection application. Subsequently, Kunlong Company applied to the Guangdong Provincial High Court for reconsideration, demanding that the amount of enforcement target be 1.932 billion yuan, and at the same time said that many properties had been paid off by Kunlong Company to migrant workers and material suppliers, claiming that if it failed to reach 17 million yuan, On October 9, 2019, the Provincial Higher People’s Court issued an enforcement ruling of (2019) Yue Zhi Fu No.453, which rejected the application for reconsideration of Kunlong Company and upheld the enforcement ruling of Guangzhou Maritime Court (2019) Yue Zhi Yi No.17. This ruling is final. Recently, according to the ruling of the Provincial Higher People’s Court, the Guangzhou Maritime Court made an executive ruling (2015) Guanghai Fazhizi No.159, ruling that all the sealed-up projects of Guanshanyuan and Lvyuan were unsealed and delivered to the Guangzhou Real Estate Registration Center, which subsequently lifted the sealing procedures for all the properties involved in the case in the system according to the procedure.

According to the above-mentioned relevant person in charge of Yueken Company, according to the provisions of the Civil Law and the Property Law, Yueken Company has always been the legal property owner of the Green Garden Project, and the Supreme Court’s judgment No.66 also clearly determined that "Dianbai No.2 Construction Company and Kunlong Company have no obligation to keep the Green Garden Project, and after the project was completed and accepted in November 2006, Dianbai No.2 Construction Company and Kunlong Company have the obligation to leave", and Yueken Company officially took over and cleaned up the Green Garden on July 4 this year. As of the beginning of September this year, the whole unfinished building project has been basically cleaned up, and the potential safety hazards such as circuits and fire fighting have been completely eliminated.

On June 12, 2019, the Guangdong Provincial High Court fully deployed the special action of "South Guangdong Executive Storm 2019". The person in charge said that the property that has been left unfinished for many years can be successfully unsealed and revitalized, which is the result of the provincial high court’s legal judgment and fair law enforcement. It is also a major achievement in vigorously promoting the "execution storm" and completely solving the historical problems such as implementation difficulties in recent years. On October 23, the main leaders of Guangdong Reclamation Company went to Guangdong Provincial High Court to send a "Thank You Letter" and a banner to the judges of the Executive Board of the Provincial High Court, thanking the hospital for its efforts in maintaining social stability, promoting urban renewal and helping the high-quality development of the city.

Nanfang Daily reporter Feng Shanshu Chun Wong