上海蘭會所因拖欠房租被訴討3800萬.doc

上海蘭會所因拖欠房租被訴討3800萬Because be delayed in delivery the problem such as hire, former landlord or landlady sues Shanghai claim for compensation of orchid meeting place many yuan 3800, and what hire house property criterion to oppugn Shanghai because of be being patted under market price half because orchid meeting place defaults chummage to be appealed to to denounce cause of formation of 38 million Hao to default hire to exceed period, landlord what to Shanghai orchid meeting sends an announcement to remove the contract that rent, and recently Shanghai spruce Changjiang Delta small gain meal management limited company (Feitelanwen changes ”) of spruce Changjiang Delta of Shanghai of “ of the following abbreviation and Shanghai development limited company (Shanghai of “ of the following abbreviation Feitelan ” , it is Shanghai orchid to taste meal management limited company formerly) appeal to to the court, add up to many yuan 3800 to concern clausal claim for compensation in phase according to renting. If “ is strict calculate according to clause of break a contact, they need compensate more than 100000000 yuan, but house property everybody advocates many yuan 3800 temporarily. ” discloses according to landlord representative lawyer, this case has fizzled out in Shanghai court of riverside division people is accepted, receive announcement general on January 7, 2013 sessional. As we have learned, before this, management situation of Cengyi of respect of orchid meeting place is bad, twice to landlord application is decreased hire reach delay to pay rent, calm bear “ is managed be in deficit condition ” all the time, deficit cause points to ” of “ geomantic element. In addition, the Guangdong road that Shanghai orchid can be in 102 house property, have hundred years history, for “ Shanghai the 3rd batch of outstanding histories build one of ” , everybody of former property right is Zhou Xiaodi, recently because of relevant case, flow in two after patting, this house property already was patted with 150 million yuan by natural person Li Miao. In this one process, because of Zhou Xiaodi appeal, highest courtyard two to bother about of dispatch of Shanghai tall courtyard, and this house property is patted by doubt by ” of “ half price. Default chummage to leave by drive the chummage March comes this year vogue is not paid in May, rental just inform orchid meeting place removes accordingly contract, be restricted 10 move in a few days from. Recently, the reporter is learned from acting attorney office, zhou Xiaodi already reached Shanghai spruce Changjiang Delta Shanghai Feitelan appeals to to the court, request court cognizance the accused pays default hire, building to take up cost, penalty due to breach of contract and exceed the time limit pay fine for delaying payment aggregate thirty-eight million six hundred and eighty-six thousand three hundred and fifty yuan, and among them only penalty due to breach of contract is as high as 30 million yuan. Indictment shows, default hire, rental just accuse what orchid meeting pays 1.484 million yuan; Because rent just think orchid meeting place is received remove after the contract that rent take away not in time, deal with according to the agreement hold cost 7.2 million yuan; Exceed the time limit pays fine for delaying payment one hundred and two thousand three hundred and fifty yuan; Finally, rental just admit to rent a contract to remove, the reason also depends on orchid meeting place, reason asks to pay penalty due to breach of contract 30 million yuan according to the agreement. The indictment returns statement, if according to agreement is calculated strictly, penalty due to breach of contract can be as high as 100 million yuan, but considering actual condition, temporary with 30 million yuan of to institute proceedings, reserve relevant right. So far, 5 years bear a lot of detail in hiring a process also is turned over by one by one, before respect of week little younger brother weighs this, already appeared for many times already default chummage circumstance, in orchid meeting the application of place respect falls, ever had given decrease appropriately hire gentle period. But since this year March, what orchid meeting defaults chummage circumstance serious, in view of this, respect of week little younger brother in May according to lease Xiang Lan is met place hair announcement removes the contract that rent, ask respect of orchid meeting place to be moved inside 10 days from. The reporter obtains “ about contacting Guangdong road the 102 buildings contract that rent and creditors rights make over advice note “ show, rental just point out what orchid meeting defaults this year March, April chummage, and till will send this on May 10,inform vogue of outstanding Qing Dynasty. As a result of for many times dun is not had if really, and already rented a contract too the greatest wide within a definite time, rental just think this behavior has made essential sex break a promise, decide to remove then the contract that rent, ask orchid meeting place stops to do business instantly, in receive an announcement move inside 10 weekday from. As we have learned, on March 10, 2007, shanghai spruce Changjiang Delta and Zhou Xiaodi entrust Shanghai new century (8.95, 0.39, limited company of 4.56%) business management (”) of company of abbreviation “ new century is signed " the building rents a contract " , bear hire Shanghai Guangdong road 102 house property 20 years. Financial group of the former Shang Sanling that it is day is in this house property Shanghai office building, 1912 complete, belong to Ba Luo to overcome the Europe type of the style to build. This 4 hundred years old building covers an area of a face to accumulate 873 square metre, floor area amounts to 2800 square metre (have three-layer cabinet additionally usable floor area 28.33 square metre, top layer cabinet usable floor area 102 square metre) . Because be apart from outside beach only 200 meters, belong to famous history to build together with place gold a sector of an area, this house property has the person that numerous contest is hired. Disclose according to new century company, because Zhou Xiaodi respect is directional,rent, the hire that signs finally with Shanghai spruce Changjiang Delta does not calculate tall. And Lv and orchid meeting place need to decorate, rental just grant additionally still in initial stage hire privilege measure. But the reporter obtains much portion bank to turn Zhang record shows, respect of orchid meeting place besides initial stage rent can pay inside before according to rents a contract to be in every months 3 weekday, defer appears for many times later, and protracted time often is in 10 days over. deficit attribute a fault to geomantic orchid meeting is in calm bear deficit at the same time, will main reason ascribes to the geomantic “ that an around hospital brings is fierce evil spirit ” , is not the fixed position problem that the outside points out. December 2009, respect of orchid meeting place will bear hire square by original Shanghai change of spruce Changjiang Delta is Shanghai Feitelan, be in at the same time with rent indicate in square agreement, shanghai spruce Changjiang Delta is in to Feitelan the contract that rent obligation assumes the right below to assure jointly responsibility. Insider says, this change is real it is to be A of seek of spruce Changjiang Delta appear on the market prepare, because what orchid meeting runs a state when those,had appeared problem, this behavior is similar to bad assets to come off. Later, respect of orchid meeting place was mixed in September 2010 respectively in November 2011 with rental just sign compensatory agreement, the agreement is definite after the agreement is signed time paragraph inside derate hire, but the circumstance that if recurrent exceed the time limit pays rent,agrees at the same time, criterion this privilege cancels, orchid meeting place should the hire price difference of complemental derate. Before this “ China runs a newspaper “ the reporter obtains respect of place of an orchid meeting to sent in July 2010 rental square “ the deliberate that about Shanghai chummage of orchid meeting place meets cases “ show: Shanghai of “ Shanghai LANCLUB(orchid meeting place) the ceaseless attempt through two years many and change, management condition is in deficit all the time. Two this years we also are searching an account ceaselessly and try to adjust, but from change administrator introduces high-end hotel husband, adjust menu and service to wait a method a moment to exhaust all do not have big improvement. Geomantic Great Master also is asked to come ceaselessly during the spot gives directions. At present we press a Great Master again give directions undertake layout is adjusted. ” points to deficit reason this the deliberate of geomantic element to case to still point out, “ among them main reason is the hospital on us, affect the geomantic ” of Shanghai LANCLUB badly, express to ask Taiwan, Hong Kong a few geomantic Great Masters also do not take and other places to give way of very good broken go to the toilet. This language minor details ever emphasized group of spruce Changjiang Delta appearing on the market in seek, each inn gain is the most important thing, the cash of Shanghai LAN flows “ now deficit brings about great influence ” , admit what Shanghai orchid can put in deficit problem again. In fact, there is media coverage to say already when those, the personage inside course of study points out problem of existence of fixed position of orchid meeting institute, after the high end that already had brand of spruce Changjiang Delta locates, unplug fixed position of orchid meeting institute again arrive high the position of prep above spruce Changjiang Delta, the consumptive crowd that its face is met necessarily fewer, investment yields whether will make a challenge into direct ratio. Public data shows, shanghai orchid is met ever group of have the aid of buys a website to roll out a group to buy an item, with period in average consumption crowd somewhat behead is obtained. But the reporter is in some is famous comment on a website to inquire discovery, the group is bought not only did not harvest reputably, complain the amount is added suddenly instead, also appear to complain in great quantities in small gain, the consumer that attends a group to buy says Shanghai orchid meets a client serve a phone hard get through, bring about oneself to exceed a group to buy mobile time, fail to head for orchid meeting place. There is media to think place of 102 house property belongs to Guangdong road for a time before this the person is orchid meeting place namely, will auction described as ever since so orchid meeting is sold, the reporter contacted Haifeitelan to confirm recently, orchid meeting place did not sell at present, and hopeful continues to manage —— in place this is meant at present Li Miao of holder of this house property will make the landlord with orchid meeting new place possibly. Although Zhou Xiaodi respect already will be moved to make known to lower levels of orchid meeting place this year in May,leave an announcement, nevertheless, the small gain content of Yang Kai of vice president of orchid meeting institute shows, late on May 3, one deserves to Nazi party publicizes the small gain of photograph of ministry minister Ge Peier to say, morrow will hold barbecue activity in 5 buildings, on August 7, shanghai orchid is met place still is doing business, and relieved sheet for a beautiful lady that day. House property doubt meets with before sacrifice two times auction, all have Li Miao only because of buying the home one person and stream pat, the 3rd times Li Miao is patted with 150 million yuan, far under initial proposal price. On July 2, 2012, shanghai spruce Changjiang Delta, Shanghai Feitelan sends lawyer letter to say to new century of rental square Zhou Xiaodi and Shanghai: Since the contract is signed, respect of orchid meeting place fulfils contract obligation according to it from beginning to end, but will receive auction company announcement June, “ is reached because of case of criminal of week little younger brother be in debt external, rent estate to already was closed down by the court now, will auction on July 11, 2012. After letter of ” this lawyer says to enter auction order, buy the home to be examined on the spot to house property potentially, the evaluation production that affected orchid meeting place badly is managed, bring about turnover to drop point-blank, put forward to renting just offer before assuring, time-out pays to will be mixed May June chummage. The reporter consults on network of assets of people court suit discovery, on July 16, 2012, shanghai court of the first intermediate people (next weighing that one quadrangle ”) of “ Shanghai issues announcement, entrust 5 auction firms of local to auction Guangdong road jointly 102 house property and decorate a part, referenced price is two hundred and seventeen million eight hundred and forty thousand yuan; Ever since on August 14, consult with 200 million yuan valence issues sale announcement again; Will suggest with 150 million yuan valence issues sale announcement the 3rd times on September 4. One quadrangle of Shanghai discloses, all have one person before this two times only because of buying the home (Li Miao) and stream pat, the 3rd times 6 units and individual attend, final Li Miao gets this house property with be being patted 150 million yuan. According to media relevant 2011 report, guangdong road 102 circumjacent Nanjing Dong Ludong paragraph 4 old buildings (new the building of health building, overseas Chinese building, United States human relations, building central) hang out his shingle to be as high as 70 thousand yuan of every square metre to export price. And computation auctions not difficult discovery this, 102 final price is Guangdong road only 42 thousand yuan of every square metre. Insider says, flow twice pat with orchid meeting place respect appears personally interference concerns couplet, and seedling of 23 years old of girl plum by doubt not be true buy the home, clinch a deal valence is less than half of circumjacent market price, backside doubt is put hold dish of hand. Reporter at this point to Shanghai one quadrangle seeks testimony, in giving a letter of our newspaper, one quadrangle of Shanghai expresses, the affirmatory department that auctions reservation price 3 times with “ top people court about people court civil the auction in carrying out, regulation that sells off belongings “ for the basis, auction process accords with relevant law provision, yiwei happening affects the status that auctions a process because of other reason. Additional as we have learned, this house property is opposite before hol