Reject the claims of the plaintiffs Song Yucheng, Chen, Zhong Zhang, Li Guanqiong.
The acceptance fee of this case is 37,200 yuan, which shall be borne by the plaintiff.
During the trial of Tang Shanchen's case, the plaintiffs Song Yucheng, Chen, Zhu Kezhang, Zhong, Li Guanqiong claimed that on June 5438+ 10/0, 2006, Wuyuan sued and signed the Agreement on the Transfer of the Starch Factory of the Original Second Farm with the four defendants, and the five of us fulfilled the payment obligations to the defendants as agreed. According to this agreement, our shareholding with the four defendants in the total assets of the starch factory of the No.2 farm in the former city is as follows: Song Yucheng holds 65,438+02.5%, Chen holds 65,438+00%, Juck Zhang holds 65,438+00%, Li Guanqiong holds 5% and Li Guanqiong holds 65,438+02.5%. On June 5438+1October 65438+July, 2006, the former Tang Haixian Real Estate Administration issued the Property Ownership Certificate to all * * * owners, confirming the * * * relationship and * * * share of the above * * owners. On September 9th, 20 13, our five plaintiffs signed the Agreement on Property Division by Share, which stipulated: 1, with the land of Tang Haixian No.2 Farm Starch Factory covering an area of 4 1420.07 square meters as the horizontal axis from east to west and the midpoint of the horizontal axis as the vertical line (north-south direction). The land use right and the ground attachments with an area of 20,765,438+00.035 square meters east of the longitudinal axis and north-south direction belong to the plaintiffs * * * and * * *; The land (area: 20,740.035 square meters) occupied by the starch factory of Tang Haixian No.2 Farm from south to north to the west of the longitudinal axis and the property attached to the land belong to the defendant; 2.* * * After the assets are divided, our five plaintiffs agree to still own the divided assets in the form of shares, and the share ratio of each party is as follows: (1), and Song Yucheng holds 25% of the divided assets; (2) Chen accounts for 20% of the divided assets; (3) Zhao Hong holds 25% of the divided assets; (4) Zhang Chao accounts for 20% of the divided assets; (5) Li Guanqiong accounts for 10% of the divided assets. According to Article 99 of the Property Law, everyone has the right to request the division of the property owned by * * * at any time. I, Wuyuan, sued the defendant for sharing the property owned by * * by agreement, but I didn't get a response from the defendant. Therefore, it is required to take the land occupied by Tang Haixian No.2 Farm Starch Factory as the east-west horizontal axis, and take the midpoint of the horizontal axis as the vertical line of the horizontal axis (north-south direction). Divided equally on the vertical axis, the land use right with an area of 207 10.035 square meters and the attachments on the land belong to the plaintiff; At the same time, according to the agreement signed by Wuyuan on September 9, 20 13, the assets we own are divided, and the specific division ratio is (1), and Song Yucheng accounts for 25% of the divided assets; (2) Chen accounts for 20% of the divided assets; (3) Zhao Hong holds 25% of the divided assets; (4) Zhang Chao accounts for 20% of the divided assets; (5) Li Guanqiong accounts for 10% of the divided assets.
Li Quanshun, the defendant, argued that we had not been consulted on land division before the original lawsuit, and the eastern half of the original starch factory of Tang Haixian No.2 Farm which he appealed against was not necessarily owned by the plaintiff. Moreover, we have an agreement with the plaintiff that 60% of the shareholders must agree to dispose of all the property of * * * *. At present, 60% of the shareholders have not agreed, so it is impossible to dispose of this land. In addition, when the original Tang Haixian No.2 Farm Starch Factory transferred its assets, the transferee was only Mary himself. Later, Wang Xizhu and I became shareholders. 5. When the plaintiff became a shareholder, he should have contributed 6,543.8+0.9 million yuan as agreed, but Mary only received 6,543.8+0,654.38+0.9 million yuan. Therefore, the plaintiff has no right to request the division of property before he has invested all his capital stock.
Defendants Ma Li, Gu and Li Quanshun pleaded.
Defendant Wang Xizhu argued that he had no objection to the plaintiff's claim and agreed to divide the property according to the original defendant's agreement. The plaintiff has paid me the share capital as agreed. Song Yucheng gave me 860,000 yuan, of which 300,000 yuan was used to repay Mary and Li Quanshun's loan to Gao Wenli, 654.38+10,000 yuan was used for Mary,/kloc-0.60 million yuan was used for Li Quanshun's dividend, and 654.38+10,000 yuan was used for my dividend. In addition, I rowed 30,000 horsepower, and I still have 654.38+0.7 million in my hand.
It was found through trial that the defendants Ma Li, Li Quanshun and Wang Xizhu obtained the state-owned land use right of the former starch factory of Tang Haixian No.2 Farm in the name of Ma Li on June 5438+February 2003. After introduction, the plaintiffs Song Yucheng, Chen, Zhong Zhang, Li Guanqiong became shareholders of the property. On June 5438+1October 10, 2006, the original defendant and the defendant * * * signed the Asset Transfer Agreement, and reached an agreement on the transfer of the original starch factory of Tang Haixian No.2 Farm. The agreement stipulated that:
Rule number one. Transfer 50% of the assets of Tang Haixian No.2 Farm Starch Factory.
Article 2. Scope of assets of Tang Haixian No.2 Farm Starch Factory The scope of assets of Tang Haixian No.2 Farm Starch Factory includes but is not limited to all assets such as building ownership and land use right.
Article 3. Consideration amount of asset transfer: Mr. Song Yucheng, Mr. Chen, Mr. Zhong Zhang, Ms. Li Guanqiong * * contributed RMB1900,000 yuan to buy 50% of the assets of the starch factory of No.2 farm from the original assets * * Mr. Ren Mali, Ms. Gu, Mr. Li Quanshun, among which:
Mr. Song Yucheng contributed 470,000 yuan, accounting for 65,438+02.5% of the assets of Tang Haixian No.2 Farm Starch Factory;
Mr. Chen contributed 380,000 yuan, accounting for 65,438+00% of the assets of the second farm starch factory;
Mr Juck Zhong Zhang contributed 400,000 yuan, accounting for 65,438+00% of the assets of the starch factory of the second farm in Tang Haixian;
Ms. Zhao Hong contributed RMB 450,000.00 Yuan, accounting for 65,438+02.5% of the assets of Tang Haixian No.2 Farm Starch Factory;
Mr. Li Guanqiong contributed 200,000 yuan, accounting for 5% of the assets of Tang Haixian No.2 Farm Starch Factory.
Article 4. After the transfer, each party's share of assets in Tang Haixian No.2 Farm Starch Factory is:
Mr. Ma Li accounts for15% of the assets of Tang Haixian No.2 Farm Starch Factory;
Mr. Wang Xizhu accounts for15% of the assets of the starch factory of the second farm in Tang Haixian;
Mr. Li Quanshun accounts for10% of the assets of Tang Haixian No.2 Farm Starch Factory;
Ms. Gu accounts for10% of the assets of the second farm starch factory; Mr. Song Yucheng accounts for12.5% of the assets of Tang Haixian No.2 Farm Starch Factory;
Chen Xian accounts for10% of the assets of the second farm starch factory;
Juck Zhong Zhang accounts for10% of the assets of the starch factory of the second farm in Tang Haixian;
Ms Zhao Hong accounts for12.5% of the assets of the starch factory of the second farm in Tang Haixian;
Mr. Li Guanqiong accounts for 5% of the assets of Tang Haixian No.2 Farm Starch Factory.
After the signing of this agreement, all parties shall share the rights and obligations of the assets of Tang Haixian No.2 Farm Starch Factory according to the proportion recorded in the preceding paragraph, that is, each buyer shall own the above-mentioned property in proportion.
Every * * owner who owns the above-mentioned property by shares has the right to demand the division or transfer of his share, but other * * owners have the preemptive right under the same conditions when selling.
Article 5. Authorized parties may * * * authorize one of the above parties to claim the rights and interests of assets on behalf of all parties, and the authorization shall take effect only with the consent of more than 60% (including 60%) of all parties.
Article 6 (omitted). Article 7, (omitted). Article 8, (omitted). Article 9, (omitted).
After the signing of the above agreement, Li Quanshun, Gu, Song Yucheng, Chen, Zhu Ke Zhong Zhang and Li Guanqiong made supplementary signatures on the Contract for Assignment of State-owned Land Use Rights signed by Mali and the former State-owned Land Administration Bureau. On June 5438+1October 65438+1October 7, 2006, the former Tang Haixian Real Estate Administration Bureau issued the Property Ownership Certificate to all * * * * people (all the holders are horsepower). In fact, the assets of the former Tang Haixian No.2 Farm Starch Factory were managed by Ma Li and Li Quanshun.
On September 9th, 20 13, the plaintiffs Song Yucheng, Chen, Zhong Zhang, Zhao Hong and Li Guanqiong signed the Property Division Agreement on their property shares in the original starch factory of the second farm, stipulating that Song Yucheng, Chen, Zhong Zhang, Zhao Hong and Li Guanqiong respectively occupied part of the property of the original starch factory of the second farm. Chen accounts for 20% of the divided assets; Zhao Hong accounts for 25% of the divided assets; Zhang Chao accounts for 20% of the divided assets; Li Guanqiong accounts for 10% of the divided assets.
The evidences to prove the above facts are:
1. Asset transfer agreement signed by plaintiffs Song Yucheng, Chen, Zhong Zhang, Li Guanqiong and defendants Mary, Gu, Li Quanshun;
2. The Assignment Contract of State-owned Land Use Rights signed by Mary, Li Quanshun, Gu, Song Yucheng, Chen, Zhang Zhong, Li Guanqiong and the former Municipal State-owned Land Administration Bureau;
3. The real estate license issued by the former Tang Haixian Real Estate Administration to the owners;
4. Asset division agreement signed by Song Yucheng, Chen, Zhu Ke, Zhong Zhang, Li Guanqiong on the share of assets of the starch factory of the former Second Farm;
5. Statements of both parties of the original defendant.
The People's Court of caofeidian area, Tangshan City, Hebei Province made a judgment accordingly.
reference data
Song Yucheng, Chen, etc. Civil judgment of first instance on dispute between Mary and Gu Wu fen. Sky Eye Survey [citation time: 20 18- 1-28]