Recently, a person subject to enforcement and a user of the house refused to cooperate with the investigation work of the Shinan District People's Court of Qingdao City, and tore up the auction announcement of the real estate involved in the case. The enforcement police of the Shinan People's Court initiated the compulsory inspection procedure in accordance with the law, and posted a notice informing the person subject to enforcement that a compulsory inspection of the property involved in the case would be carried out after the expiration of the time limit, prompting the person subject to enforcement to automatically move out of the property involved in the case, and vigorously promoting the subsequent judicial auction.
The case arose out of a financial loan dispute. The judgment debtors, a company in Qingdao, Li and others defaulted on a bank loan of 9 million, and the court still did not repay the loan after the judgment, and the bank applied to the court for compulsory enforcement. After the enforcement case was filed, the Shinan People's Court issued an enforcement notice and an order to report property to the person subject to enforcement, ordering the person subject to enforcement to perform his obligations, but the person subject to enforcement has refused to perform. The Shinan People's Court enforced it in accordance with law.
On January 16, the enforcement police went to the three properties involved in the case to post the enforcement ruling and auction announcement, and selected the appraisal agency to assess the value of the property. When the appraisal agency inspected the property, it was found that the legal documents posted before had been torn up, and the person subject to enforcement and the user of the house could not be contacted, so it could not enter the house for inspection, and could only be viewed outside the property. After on-the-spot visits, the enforcement police inquired about the property and other parties, and learned that the 2903 and 2904 households involved in the property have been opened into a whole, and 3004 is suspected to be connected to the inside of the above-mentioned property, which is very likely to belong to the duplex property, and the water and electricity inside the property are in normal use.
The property involved in the case is close to the Olympic Sailing Center, located in the coastal first-line area of Shinan District, Qingdao City, if the upper and lower floors of the property involved in the case are duplex real estate after the internal connection is opened, the value is relatively high, if the home inspection is not possible, it is very likely to lead to the appraisal price and the real value of the house, which is not conducive to the delivery of the property. The enforcement police decided to compulsorily enter the house for inspection, and went to the property involved in the case in advance to post a notice of compulsory inspection, informing them that if they did not cooperate with the enforcement action after the expiration of the time limit, the Shinan Court would compel the inspection of the house.
After the expiration of the time limit, the person subject to enforcement and the user of the house in the case still did not contact the enforcement police. On the morning of March 26, the enforcement police of the Shinan Court went to the property involved in the case, and under the notarization of the notary office, the property involved in the case was forcibly unlocked, and it was found that the user of the house had voluntarily moved out of the house before the compulsory inspection, and the property involved in the case had been emptied. The Shinan Court, the appraisal agency, and the notary office jointly recorded the internal structure of the property involved in the case, and replaced the door locks and posted seals on the property involved in the case, so that the property involved in the case could be successfully inspected, clearing the obstacles for the evaluation of the value of the property involved in the case and the subsequent auction delivery.
Xingwen execution log
In the face of strong enforcement pressure, more and more persons subject to enforcement have gradually become aware of the legal consequences of resisting enforcement. What we need to do is to adhere to the duties of an executive judge, uphold the concept of good faith and civilized enforcement, and realize the rights and interests of the parties quickly and easily with a small judicial cost.