March 4, 2010 == Taicang court in mind continued July 14, 2010 court ruling
second plaintiff: Taicang City, fragrant Bridge Fisheries Wholesale Market Co., Ltd.
Defendant: E District fragrant Bridge Fish Market facade homeowners
2010 3 4 plaintiff claims:
1. asked him to cancel the lease contract.
2. asked him to vacate the E window dressing room area.
the plaintiff's factual reasons: < br> 1. plaintiff flowers Xinqiao Town, its board of land lease 26.5 acres of the construction of the facade of foreign rental housing, the land is only 5 years of use period, the Department of plaintiff's contract with the flowers Hashimura to expire, so the plaintiff would like to lift the facade housing tenants lease contract. retort: The plaintiff in this land, build window-dressing room, in the case of hiding the truth: the E area of the facade of high-priced housing, one-time, receiving the E window dressing room area for up to 20 merchants years of rent. plaintiff flowers Hashimura 26.5 acres of land leased, 5-year period of use is made of external facade rental housing for 20 years: business fraud money market window dressing room; marketing manager responsible and the related gross negligence, this is the economy crime.
2. PRC Enterprise Bankruptcy Law: Article XVIII people's court accepts the bankruptcy application, the administrator of the bankruptcy petition before the establishment of the debtor and the admissibility of the other party have not been fully performed the contract the right to decide to terminate or continue to perform . retort: contract is a fact, by law; marketing department is 20 years as a bargaining chip, our homeowners E area of the facade is 20 years of rent money as a bargaining chip in contract, we have fulfilled the owner facade completed contract. so we can not lift the contract. We can not cancel the contract E Zone, window dressing rooms can not vacate, the plaintiff deliberately provocative. facade of consensus if the owner agreed to terminate the contract. Please judge sentenced according to Bing Gongxuan! to terminate the contract must be damaged Facade according to the compensation and resettlement owner!
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