World marketing comments (http://mkt.) Shanghai Century Park plate as the whole Shanghai Pudong, even the real estate market in epitome of high-speed development, spiralling around the value of the land here, there are too many similar to Lujiazui Central apartment event story.
Flowers and a neighborhood massif, an area of more than 200 acres, more or less is now Lujiazui East Central apartment, closer to the century Park. On this land disposal, there are always zhourui Yong, 1992 for the massif of the exploitation rights, and a disappointment. Zhourui Yong recently told a typical State-run and private interests conflict fangqi story.
Private and State-run contest
According to the official website of the register shanghaifangdiju, zhourui Yong as Shanghai ruida real estate development and management company (hereinafter referred to as "Duff company"), the legal representative of the company as a private enterprise system. The story of another protagonist is the original flower town government direct real estate Enterprise — — Shanghai xinrong real estate development co., Ltd. (hereinafter referred to as "xinrong company").
Disputes that year, flowers and trees on the origin of the town of a land exchange.
In 1992, beginning from the field to Shanghai investment real estate zhourui Yong, to obtain the original reply chuansha County Planning Commission, agreed with the companies in the development and construction of the plant area covers 33500 square meters of commercial and residential, office buildings. Accordingly, the integrated planning of Pudong new area in 1993 issued a planning permission, and agree that company in the flower town Rada a neighbourhood-wide land 164000 square meters.
But since then, as the national frozen General construction project approval of cultivated land occupied, Rita has failed to comply with formalities and substantive development and construction.
In October 1998, held by the Management Committee of Pudong new area conferences on agreed, because at that time the Shanghai Municipal Government of Pudong, flowers and trees in planning and construction of major projects, flowers and trees made comprehensive adjustment of a neighbour's land-use planning, to development of commercial for eviction. Therefore, the company had previously been Rada planning permission has been revoked. The deliberations of the meeting agreed to participate in a neighborhood Duff company resettlement housing construction, the proportion of 40%, 60% of the town of flowers and trees from flowers and town planning and construction of consolidated organizations.
2 February 1999, Duff company and original flower town government, xinrong company signed the additional agreement, agreed by the company will plant a Duff neighbourhood of 40% of the exploitation rights transfer to the latter two.
It is this time transfer, as both sides have disputes over interests.
2001 February 25, the two parties signed the agreement on the land replacement, Duff company exit flowers a neighborhood exploitation rights, the replacement part of neighborhood 6 flowers and trees. 28 February of the same year, the two sides also supplemental agreement, in view of the Duff company in flowers and a neighborhood in the prophase exploitation of the many costs, it was agreed by the companies to the Duff company xinrong 5% of the total compensation of $ 1000, and agreed that compensation should be in May 2001 to 30 days before paying, daily overdue by 1% late fee compensation.
However, the company did not press about xinrong pay 10 million compensation until November 2001, before they started to pay the balance, until 5 December until paid in full.
Subsequently, the two penalty into lengthy negotiations.
The end of May 2006, Duff company for liquidated damages in civil proceedings to the Court, xinrong company compensation delay payment up to 180 days, calculated in accordance with the contract, breach of contract damages amounting to 1863 million, for this reason, the requiring payment system the company liquidated damages of $ 9 million.
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