"Anta" Shop Is Forced To "Walk Away".

"Because the lease contract is signed after the house mortgage, the lease right can not be protected.

Later, the house was auctioned for the owner, the court informed the tenant two times to withdraw, but the other party was reluctant to retire. In order to protect the buyer's rights, the court could only take coercive measures.

This morning, the Executive Bureau of the Municipal Intermediate People's court imposed a forced retreat on the "Anta" store, No. 44 of the city's Liberation South Road and delivered it to the new owner of the house.

Around 9 a.m. this morning, more than 10 staff members of the Municipal Intermediate People's court were enforced to come to the Anta store.

The case owner said that the court had posted a notice of withdrawal two times, but the tenant's staff had torn it off.

At the same time, the new owner of the commercial house also arrived at the scene. She said, "I bought this house in October, but I can't use it any longer. We should also safeguard our rights and interests."

At the beginning of the enforcement of the court, a female shopkeeper began to obstruct the scene.

In order to ensure the smooth implementation of the work, the executors forced the female shopkeeper to leave the scene.

After that, the staff began to count the property in the store, then loaded the goods onto the truck and pulled it into the warehouse which the court had previously leased.

Although it is located in commercial downtown area, there are not many onlookers, and the whole execution work is relatively smooth.

It is understood that in September 1, 2006, Shanghai Pudong Development Bank Shaoxing branch and Lu Mou, Wang Mou, Qi Mou, shen Mou and the South Real Estate Real Estate Limited company signed a personal comprehensive credit contract.

The two sides agreed in the contract that Wang will put their commercial housing and land use right mortgage in the urban area 44 of Jiefang Road, so that Lu Mou received a total credit amount of 17 million yuan from Pudong Development Bank, and the effective period is from September 2006 to September 2008.

In addition, several other people as a guarantor voluntarily guarantee the performance of the contract, and the contract also stipulate the interest payment and the scope of guarantee.

Since then, the Shanghai Pudong Development Bank has issued 17 million yuan loans to Lu Mou for 6 times.

Because Lu didn't pay the interest on time, the bank then went to the central court of the city, demanding that the contract be terminated in advance and the other party's obligation to repay the loan.

In the process of trial, the Court reached a settlement, and the two sides reached an agreement. Lu Mou and others agreed to return the principal and interest of the bank loan to more than 1730 yuan, and rescind the contract.

Since then, the executor still has not fulfilled the obligation of repayment.

In August 31st, the court commissioned the auction companies to auction the commercial housing that Wang had originally mortgaged.

In October 12th, a surnamed Xie bought the store at a price of 20 million 480 thousand yuan.

But today, the "Anta" shop that rents the commercial housing is still operating.

The case holder told reporters that, in accordance with the regulations, if the lease contract was signed after the house was mortgaged, the leasehold could not be protected, so the lessee must vacate.

It is understood that the tenant is "Anta" Hangzhou general agent, the date of signing the lease is November 9, 2006, the lease term is 4 years, the annual rent is 600 thousand yuan.

According to the judge, the lessee's economic loss can be investigated to the original owner in accordance with the lease agreement.

At the same time, the case also reminds us that before signing a lease contract, it is better to check whether the other's house has been mortgaged to reduce the risk of renting.