The old property was still sued 5 years after it was withdrawn, and the Changsha industry committee won back more than 470,000 yuan of public revenue

Sanxiang Metropolis Daily reporter Yang Yu video Yang Yu

"I received the civil judgment from the Changsha Intermediate People's Court yesterday, and I am very happy." On October 11, at the entrance of Dongcheng Building in Furong District, Changsha City, the community industry committee posted a piece of good news, and the lawsuit that lasted for more than 3 years had a result, and the old property that had been withdrawn for 5 years was sentenced to return the embezzled public income to all owners totaling 479,000 yuan.

Tan Jun, director of the Dongcheng Building Community Industry Committee, said that when they learned the news, the owners were very excited, and many owners came to the door to read the original judgment.

The recovery of public revenue comes from community advertising and venue rental

Dongsheng Company is the pre-property service enterprise of Dongcheng Building, and has signed the "Property Management Entrustment Contract" with the first to third industry committee of Dongcheng Building, and the service period is from December 31, 2004 to December 31, 2015. On March 24, 2016, the company withdrew from the community management.

"Although the property company has withdrawn, it has embezzled the public income of all the owners, and this money must be returned." Zhou Yanwu, associate professor of law at Hunan Foreign-related Economics College and lawyer representing the case, said that after collecting evidence for nearly half a year, the public revenue share of the old property encroachment was determined, "The public income mainly comes from two parts, one is the advertising income of the 5 elevators in the community, and the other is the rental of the venue of the lobby commissary on the first floor." ”

The lobby on the first floor of Dongcheng Building belongs to the public area, and the old property rents out 14 square meters of space to others to open a commissary. In addition, the old property also signed a contract with the cultural media company to install network media machines in the elevator hall of the business building and the lobby of the building, and install digital posters in the elevator car and the floor wall.

"After accounting, these public benefits add up to more than 560,000 yuan." Zhou Yanwu introduced that in January 2018, the Dongcheng Building Industry Committee sued the old property, and won the lawsuit in the first instance, and the court ordered the property to return more than 560,000 yuan of public income. The property company appealed against the appeal, and the Changsha Intermediate Court still upheld the original judgment in the second instance. However, the old property applied to the Hunan Provincial High Court for retrial this year. After the retrial of the Changsha Intermediate Court, it was finally determined that Dongsheng Company should return 479650.3 yuan.

Property Committee: If it is not performed on time, it will apply for compulsory enforcement

"The lawsuit has finally come to an end from January 2018 to the present, and as an agent, I am also happy for the owner of Dongcheng Building." Zhou Yanwu believes that the reason why the case was successful was due to the support of the owners of Dongcheng Building for the rights protection work of the industry committee and the persistence of the members of the industry committee. The biggest difficulty encountered in rights protection is to collect evidence, and the evidence of the old property company encroaching on the public income of all owners must be liquidated in place.

"When I heard the news, I was so excited that I couldn't even sleep well." Tan Jun told reporters that when he sent the news of the victory to the owners group, many owners expressed their happiness, and even took turns to come to the door, wanting to see the content of the judgment, "We also specially posted this exciting news to the gate!" ”

Will the old property be fulfilled in accordance with the judgment? Tan Jun said, "If they do not enforce the judgment in accordance with the effective judgment documents, we will apply to the court for enforcement." In addition, we will also sue them for illegally applying the community maintenance fund. ”