The Rental Contract Of Garment Factory And Leather Shoes Factory Has Caused Hundreds Of Tenants To Disappear.

A few days ago, Yang Yashou of Guangzhou Donghe Commercial Development Co., Ltd. (hereinafter referred to as "Donghe company") complained to the "private economic news" reporter that the Guangzhou Dali Investment Co., Ltd. (hereinafter referred to as "Dali company") broke the contract, failed to fulfill its contractual obligations, and gathered suspected "Underworld" forces to seize their wholesale clothing market.

It is reported that the two sides should have met the "knife edge" several times in the court on the issue arising from the lease contract.

1 it is understood that in August 28, 1994, Donghe and Guangzhou leather shoes factory signed the "lease contract for housing", and obtained one of the 7248 square meters of factory building rents in the 1st floor of Lianquan Road, Tianhe District, Guangzhou.

Yang Yashou told reporters: "because the leather shoes factory is still producing leather shoes on the day of signing the contract, in view of the fact that the delivery time of the factory premises has not been determined, it is stipulated in the second contract that the lease term will be 13 years, that is, from 1994 until 2007."

That is to say, only when the leather shoes factory moves all the machinery and equipment, can the workshop be used for me, so in 2007, the contract stipulate that the contract should be fulfilled until the last day of 2007.

Reporters in Yang Yashou's copy of the "rental contract" found that the lease period is 13 years, that is, from 1994 to 2007.

Renewal is required after the expiration of the term, and the other agreement is signed. If the lease is renewed, Party B shall have the priority leasehold under the same conditions.

The Donghe company sublets the rented space to more than 200 people who make clothing business.

Over time, this has become a professional wholesale clothing market Donghe clothing wholesale city.

In March 20, 1997, Donghe company and Guangzhou leather shoes factory also signed the "house to house exchange compensation agreement". In May 5, 1998 and April 24, 2004, Donghe company and Guangzhou leather shoes factory signed the supplementary agreement and supplementary agreement two respectively.

By January 30, 2003, the rental site was sold to Dali company from the former leather shoes factory of Guangzhou, and the lessor of the contract was also changed to Dali company.

2 gather gangland forces to control the market?

Time flies, and it is 2007.

In July 28th this year, Dali company posted the notice on the lease site, claiming that the lease contract will expire in August 27, 2007. From 28 days, Donghe company no longer has the right to use the lease.

A bulletin from Dali company has enabled the self-employed individuals to sign up with Donghe company.

Yang explained to the self-employed, while negotiating with Dali company, "August 28, 1994 is the date of signing the lease contract. The date of entry into force is not the date of the lease."

Dali did not pay any attention to the opinions of Donghe company, insisting that he was "acting according to the contract".

For a while, the self-employed people in the clothing city were talking about one another and the crowd was surging.

In August 28th, Dali company sent people to the rental venues.

Donghe company did not see the situation correctly, and reported to the Shahe police station in Tianhe District on the same day, and submitted an application.

Apply for the Shahe police station to maintain the rents of Donghe company, and send the Dali company to the lessee.

According to Yang Yashou, Dali company, in order to get rid of the tenants, gather the power of the black society, control all the clothing wholesale market, and see the so-called "big profit company employees" with the big profit company's work card.

They concentrated the staff of the garment city in the elevator room, and they were not allowed to have any contact with the outside world.

These people rushed into the office and grabbed all the items and company files, and hurt the employees of the company.

Yang Yashou's wife Xu recalled the scene of the day, but still had a lingering fear.

She told the newspaper: "that day, the company called more than 100 people, surrounded the entire clothing market, we were scared to hide in the office dare not come out.

Around 5 p.m., a group of people used big tongs to cut off the big locks of the company's iron gates and rushed in.

They told me to go out, I said no, and a few came to carry me out, and then I passed out. "

According to Liu's "8. 28" company's takeover of Tianhe District Donghe company's process report, "...

Issued the action order, the engineering department personnel quickly arrived at the East River company office door, Cheng and song used the strong cut to pull the lock on the gate to cut open, the safety office director Liu first rushing in, will guard at the gate two security guards to take away from the office gate, Liu, Gao, Deng and others went to support the female worker Geng Mou, Mou Mou and so on, rushed into the East River office, promptly planned according to the plan 4 women, 2 men 6 people in the office to push in the preparation to wait in the 3 floor waiting elevator, sends the 8 floor top-level guardianship to stand by.

At the same time, in front of the office, dozens of employees from 1 buildings on the 4 and 5 floors were swamping down in front of the office. The waves of the Yangtze River surged down, moving everything from the beginning of the operation to the loading and unloading of the first vehicle material. According to the verification by the director of Ji, it was 10 minutes before and after it happened.

Afterwards, under the mediation of the Shahe police station, the two sides reached an agreement on the "clearance act" by Dali company, which paid a one-time payment of RMB 700 thousand to Donghe company's subsidy.

According to Yang, so far, the subsidy has not been paid, and the goods and archival materials stolen by Dali company have not been returned.

3, "legally and reasonably receiving the venue", in November 27th, the head of a surnamed Liu of Dali company told the reporter: "at present, both of us have entered the legal process, and what we do is done according to laws and regulations."

According to him, the people who received the venue on the same day in August 28th were all dispatched from the branch offices, wearing their work clothes and taking over the procedures.

There were also policemen at the scene to maintain law and order.

In fact, we have consulted and persuaded many times with Donghe company, and through the coordination of the judicial offices of Shahe subdistrict offices and Shahe police stations, they were all unreasonable, swearing and refusing, but in desperation, they had to take the right to clean up.

According to the materials provided by Dali, the obligation to inform is fully fulfilled.

7 days before the expiration of the contract, Donghe company was strictly executed according to the contract.

The term of the contract is fulfilled to the expiration of the contract; the letter of attorney issued in April 10, 2007 on the implementation of the fire fighting rectification; in July 12, 2007, the lawyer's letter urges the Donghe company to fulfill its obligations according to the time limit stipulated in the contract; in July 28, 2007, it issued the notice again, telling the Donghe company to suspend the lease to Donghe company at the expiration of the August 28, 2007 lease term; in July 28, 2007, the notarization service delivered to the lawyer's letter informed that the lease term of the two parties was not extended to the plaintiff until the end of the lease contract; and the Donghe company was notified that the rights, obligations and responsibilities of all the contracts in the contract with the Dali company were fulfilled before the expiration of the lease contract. It was regarded as the Donghe company's waiver of its rights from the point of view, and the Donghe company was informed by the announcement of the site that the company was moving away from it before the end of the lease 24. For example, in April 1, 2007, we announced Donghe company leasing by way of site announcement.

For Donghe company, the company called the "black power" to participate in the reception of the site. When our reporter interviewed in Shahe police station, it was "declined to be interviewed by the Propaganda Department of the higher authorities".

4 Dali company: the date of signing the contract will come into force. Will the big company break the contract and force the venue?

Dali believes that although the time of the termination of the lease contract is not determined in the contract, the time for the entry into force of the contract is clear, that is, in August 28, 1994, it will be calculated on the 27 full date of August 2007 according to the lease term of the lease for 13 years.

If the contract is terminated in December 31, 2007 according to the plaintiff, the term of the contract is 13 years, 4 months, obviously over 13 years.

There is no evidence that the plaintiff entered the rental place in August 28, 2007.

At the same time, the time limit for the termination of the contract of the house rental agreement is August 27, 2007, when the time of termination of the contract is agreed on by an integral whole building.

In this way, Dali can reach two rental housing in August 28, 2007, which is consistent with the two contracts' consistency and trading habits.

Otherwise, there is no need to sign the "house to house room exchange compensation agreement", which stipulates that the termination of the contract is August 27, 2007.

5 Donghe company: forcibly unilaterally terminate the contract. "The lease contract of the house signed by us in August 28, 1994" has not arrived yet, and the Dali company's unilateral termination of the contract in August 28, 2007 is a breach of contract or tort, "Yang Yashou said.

According to Yang, when the contract was signed, leather shoes factories were still producing leather shoes at the rental site. The contract was signed but the leather shoes factory had not been relocated until the leather shoes factory was relocated.

The sixth agreement: "Party A shall, after signing this contract, rent to Party B on the basis of the first clause of the contract, but after Party A has moved out, Party B will be allowed to enter the premises after the formal handover procedure with Party B, otherwise, all the safety responsibilities arising therefrom shall be borne by Party B."

Because the date of delivery could not be determined at that time, the second clause of the contract stipulates that the lease term shall be 13 years, that is, from 1994 until 2007.

Such a convention is to ensure that the original Guangzhou leather shoes factory will deliver the rental site to Donghe company by December 31, 1994 at the latest, and it will not affect the lease term of 13 years' termination of the contract in December 31, 2007.

Yang explained that the second term of the "house to house exchange compensation agreement" is 10 years, that is, from May 1, 1997 until August 27, 2007.

Isn't this 10 year period 10 years, 3 months?

Why can't the 13 year period of the lease contract be 13 years, 4 months?

Therefore, Yang believes that Dali is aware of the above facts, but in order to achieve the early running of Donghe company, deliberately violating the facts, bullying the weak and insisting that it will expire in August 27, 2007, there is no factual basis.

The contract does not stipulate that it will expire in August 27, 2007, but stipulate that "2007 stop" means the last day of 2007.

But Dali company, however, pretended that the contract expired, ignoring the facts, and forced the lease of the premises by violence, causing huge losses to Donghe company. Dali company should bear the legal liability for breach of contract.

6 lawyer said: the contract is not yet due to the responsibility. Yi Xinwen, a lawyer at a law firm in Guangdong, believes that the two sides signed the lease agreement on housing in August 28, 1994. However, the contract does not stipulate that the lease maturity date is August 27, 2007, but the lease is very clear until 2007.

Then December 31, 2007 is the expiration date of the contract, because 2007 is the end of the day.

Therefore, when a contract is not expired, a party who has forcibly terminated the contract shall be liable for breach of contract and tort liability according to law.

Moreover, even if the contract expires, the lessor can not take this extreme way to force the clearance. This is also contrary to the current government's advocacy of building a harmonious society.