Yiheng Investment Ltd. Of Shenzhen, Guangdong Province v. People’s Government of Zhengzhou, Henan Province

ID:	TARP-135
Title:	Yiheng Investment Ltd. Of Shenzhen, Guangdong Province v. People’s Government of Zhaengzhou, Benan Province
Source:	Legal Database of Legal Daily
Parties:	Yiheng Investment Ltd. Of Shenzhen, Guangdong Province v. People’s Government of Zhaengzhou, Benan Province
Dispute Resolution Organ:	first instance: the Superior People’s Court of Hennan Province; Court of appeal (final): the Supreme Court of the PRC
Year:	2002
Pages:	0
Author(s):
Keywords:	bankruptcy, China, compensation, enforcement, foodstuff, investment, lease contract, transparency
Abstract:	Zhengzhou Foodstuff General Factory (“Foodstuff Factory”) made a contract for lease with Chong Da Advertisement Ltd, Henan Province (“Chong Da”) on July 28, 1994. Under the contract, the former leased one of its building to the latter. Two days later, the latter concluded a contract for lease with the plainitff. Since then, the plaintiff started to revise and enlarge the building. On Feb 6, 1996, Foodstuff Factory applied to Foodstuff Bureau of Zhengzhou for bankruptcy. Bankruptcy office of Zhengzhou Government gave an official and written reply titled (1996) No.3 Pi Fu on Bankruptcy of Zhengzhou Foodstuff General Factory (“Pi Fu” at issue). It approved the application and stated that Ocean Gifts Ltd. Of Hennan Province (“Ocen Gifts”) took over the Foodstuff factory. Zhengzhou Intermediate People’s Court ruled that the investment made by the plaintiff should be recompensed. Meanwhile, the plaintiff shall move out from the building. When the plaintiff refused to do so, the Foodstuff Factory forced it to so later. On Nov 14, 1997, Zhengzhou Intermediate People’s Court made a ruling, (1996) No. 5-7 Zheng Jing Po Zi, that the bankruptcy procedures of Foodstuff Factory be finished. After that, Foodstuff Factory made a contract with Oven Gift, according to which the latter got all of real properties of the former, including the relevant effective land-use certificates.
Secured:	False
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