Long An Shanghai Offices won major legal victory in a complex enforcement proceeding

Pinggao Group was represented by Huang Lei and Deng Rongcheng of Long An Shanghai Offices. The Ningde Intermediate People’s Court of Fujian Province has made a ruling on reconsideration, revoked the ruling of the Fuding People’s Court on the execution of the additional Pinggao Group as the executee, and lifted the asset seizure and freezing of Pinggao Group worth more than 30 million yuan.

Although the surface of this case is a dispute of ordinary execution type, the essence is that in 2012, Pinggao Group, an outsider, was mistakenly adjudicated by Nantong Intermediate Court and Provincial Higher Court of Jiangsu Province as an additional case of the executed person. The applicant for the execution of this case applies again for the additional execution of the non-litigant Pinggao Group by using the execution ruling of the Jiangsu High Court. The execution amount is as high as 30 million yuan. Therefore, this case involves the retrial procedure for the execution of the reconsideration ruling by the Jiangsu Provincial Higher People’s Court, the second instance procedure for the financial loan disputes of the Shanghai First Intermediate People’s Court, the objection to the execution of the ruling by the Fuding People’s Court and the retrial procedure for the basis of execution. Therefore, the case is relatively complex and the client’s requirements are urgent.

After being entrusted by Pinggao Group, lawyers Huang Lei and Deng Rongcheng of Long An Shanghai carefully sorted out the case, screened the legal cases and issued detailed legal suggestions and litigation strategies to clients in this case. On the one hand, the execution of Fuding City Court is based on the default judgment made for the civil loan disputes. In this case, all the defendants did not appear in court and cross-examined the evidence provided by the plaintiff. In the case evidences we collected, we found that the key evidence in this case was suspected of forgery. Therefore, when we raised an objection to the execution of the additional judgment of the court, we brought a retrial to the court on the original judgment. On the other hand, in view of the additional ruling of the Jiangsu Provincial High Court on the implementation of “errors” in 2013, we filed civil proceedings with the Shanghai Songjiang Court and the Central Court on the substantive issues not identified in the case. From the two aspects of legal procedure and substantive facts, the above aims to break through the fact and legal basis that the Fuding City Court made additional Pinggao Group as the executee.

Finally, the First Intermediate People’s Court of Shanghai issued a judgment according to law, confirming from the reverse that Pinggao Group does not have the fact of “evading the execution of related party transactions”. Based on the result of the judgment and the relevant legal provisions on the enforcement of the additional judgment, the Ningde Intermediate People’s Court of Fujian Province made a final ruling on the enforcement reconsideration, and found that the additional ruling made by the original court of trial had no factual and legal basis. Therefore, the court cancelled the additional ruling on the enforcement of the court. This case has won the expected results for clients, and also provided favorable support for clients to bring a retrial to Jiangsu Provincial Higher Court in the next stage. The meticulous work and professional competence of Long An lawyers have won great recognition and recognition from clients.

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