Seth Accused Beijing Land Bureau And CITIC Xincheng Company.

In March 15, 2010, Beijing's "land king" with a total price of 5 billion 240 million would be illegal land use.

Today, the "land king" in Yizhuang, Beijing, numbered X1-1B, has already built a residential area called CITIC new town and has been sold abroad.

But in the southeast corner of the site, the shadow of the high rise building of CITIC new town is standing at a small garment factory with black factories, and even the foundations of the factory buildings have been exposed in the big pit excavated from the real estate construction.

The problem is here.

In February 27th this year, it was called Beijing.

The garment factory of new century (002280) Garments Co., Ltd. (hereinafter referred to as Seth) will take the Beijing Land Bureau and the "land king" developer, Beijing CITIC new town real estate Co., Ltd. (hereinafter referred to as CITIC Xincheng company) to court and request to cancel the sale of the total price "Di Wang".

Seth company has produced the key evidence: the land use certificate of the company's site within the X1-1B block.

If the evidence is true, the Land Bureau of Beijing will be suspected of selling the "king of land" without first selling, and the total price of Beijing.

Therefore, it is illegal land use.

As well as the reply submitted by CITIC Xincheng company to the court, "if all the selling behavior of the project block is cancelled, the planning and construction of the project will fail or delay, and the rights of the buyers will be violated and the society will be seriously endangered".

Originally scheduled for April 17th, the court postponed for some reason, but until April 25th, the Seth company was still in the final demolition compensation negotiations with the Land Bureau.

Is it a mistake or a secret?

The controversy of not shooting first

Seth was founded in the early 90s of last century. It was founded by a group of laid-off workers from state-owned garment factories.

From 1995 to 2000, Seth company obtained 3 square meters of land in 7685 square meters by agreement.

3 copies of the certificate of state land use show that the land use rights of Seth company are not yet expired, nor are they obsolete.

The land of the Seth company is also shown in the auction document of the X1-1B block.

In the seventh article of "bidding instructions", there are garment factories, gas stations and other buildings within the scope of the land for the green area, which covers an area of about 7300 square meters.

In the thirty-fifth paragraph, "garment factories, filling stations and other structures and structures are handled by CITIC Xincheng company before they are handed in."

The two garment factory refers to the Seth company.

According to the above seventh articles, the Beijing Municipal Bureau of land and lands put forward the defense opinion that the land acquisition is not the scope of land pfer, but it does not give any legal basis.

The total land area of X1-1B plot planning is 330236 square meters, of which 185861 square meters of construction land and 144374 square meters of urban green space.

As a matter of fact, the sixth provision of the Beijing Municipality on the pfer and construction management of the urban greening land stipulates that the government reserves development projects or enterprises to implement the land level development projects for the main body. Within 60 days after the completion of the land pfer (or allocation), the land reserve agencies or other first level development enterprises and the district (county) afforestation administrative departments shall handle the pfer of the green space.

"The Beijing Land Bureau sells the right to use X1-1B plots to CITIC Xincheng company, and as a precondition for the pfer, CITIC Xincheng company can only get 185861 square meters of construction land use right, and 144374 square meters of land planned for urban greening land should be pferred to the competent department of urban greening without compensation."

Li Yanwu, an agent lawyer of Seth company, told the newspaper.

That is to say, the generation of green space should be taken by CITIC Xincheng company and pferred to greening departments without compensation.

The premise of the auction is that the land must be collected and stored by the land department.

About 7685 square meters of land in the Seth company, about 300 square meters are planned for construction land, and the rest is the planned urban green space.

For the 300 square meters of land, the Beijing Municipal Land Bureau submitted a copy of the certificate of construction land use for the X1-1B block of the court, and laid out a narrow triangle, and marked that "the land area does not include the plot of the disputed plots of CITIC Xincheng company and Seth garment Beijing branch: 321.94 square meters".

The act of labelling controversial land was identified by the Beijing Municipal Bureau of land as "from the perspective of overall pfer procedures, the interests of Seth company did not suffer actual losses due to the Beijing Land Bureau's pfer of the project site."

Li Yanwu, an agent lawyer of Seth, believes that "the legality of tagging registration does not account for the legality of the pfer." he thinks that Seth company accused the Beijing land and Resources Bureau of infringing the act of infringing the X1-1B plot and did not accuse it of infringing the law of the registration and issuance of the license after the sale.

Li said that the land owned by Seth company has the right to use, which is obviously included in the scope of sale of the X1-1B plot. The compensation for land expropriation should be settled and auctioned again.

Yan Jingsheng, manager of Seth company, told the newspaper that the Compensation Negotiation for land acquisition and demolition of the company's land and factory has been started since July 2009, but it still has no result.

CITIC Xincheng District has been formed. The best location of the "viewing room" was blocked by the Seth plant.

Not only that, in the X1-1B plots, we also need to build 80 thousand square meters of limited price housing and 20 thousand square meters of public rental housing.

The Xicheng District limited housing project has already obtained the pre-sale permit, and the Xicheng District government has also carried out registration and Yaohao.

In the opinion of the court's reply, the Beijing Municipal Bureau of land held that "if the whole selling behavior of the project block is revoked, the rights of the buyers (especially the buyers of the affordable housing) will be violated and the society will be harmed seriously."

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The birth of "earth king"

For Seth company, CITIC new town's initial compensation for land expropriation was 31 million, then rose to 66 million, 80 million, and finally raised 100 million yuan on informal occasions.

But Yan Jingsheng told the newspaper, "we only want to re produce the block."

In early 2011, Seth invited a consulting firm to assess the need to buy an equivalent area of plant and land for production in Yizhuang by 230 million yuan.

Ceng Qing, general manager of CITIC Xincheng company, told the newspaper that CITIC Xincheng company did not agree with Seth company on the compensation standard as the demolition party.

As to why the X1-1B land was applied to the market when the land was not levied when the compensation was not discussed, Zeng Qing refused to answer it on the grounds of a meeting.

Although the resettlement compensation for Seth was beginning in July 2009, Yan Jingsheng told the newspaper that the demolition parties had only contacted them one or two times before the X1-1B plot was auctioned in March 15, 2010.

In the compensation negotiations, the third party evaluation report, which was huge, was sent to Seth company second days after the plot was completed in March 16th.

This is considered by Li Yanwu, "the demolition party did not want to talk formally before".

The insider said that in the event of "one woman and two marriages" in the Seth Company plot, Beijing Land Bureau should have enough monitoring means.

After the first level development of the X1-1B block completed by CITIC Xincheng company, the land purchasing and storage center should be checked and accepted, photographed and archived, and the huge industrial plant should not be missed by the inspectors.

The Beijing Municipal Land Bureau submitted to the court "application for land trading in the X1-1B block of Daxing Yizhuang" as evidence, but it did not submit instructions to the relevant government land department.

The copy of the "X1-1B plot land acquisition closing table" submitted to the court shows that the seal of the land acquisition unit has no official seal of Seth company.

Today, Seth company has become a demolition project, the company said, until April 25th, they are still negotiating compensation with the relevant departments, but no consensus has been reached.

Not only the Seth company, China real estate Daily reported in January this year, there were still several households in Yizhuang X1-3 plot captured by CITIC Real estate, but the other 3 sites under land level development were not yet completed.

Seth, a person familiar with the matter, speculated that the strong CITIC Xincheng company did not put such a "nail household" in Seth company in the eyes. On the contrary, it regarded it as a "tool" and agreed to write the case of "no auction" into "auction notice". "This will allow the competitors to worry about the demolition of the land."

According to the insider, it may be that the CITIC new town company did not expect that during the auction process of the X1-1B block, the real estate alligator Financial Street (000402) group called the price competition suddenly emerged.

Seth company recalled afterwards that "CITIC new town must have photographed the X1-1B plot", otherwise, if it was suspected of not being filmed, it would be exposed.

In this way, in the competition between the two state-owned giants, the total price of Beijing "land king" was born in the middle of March of this year, and caused a great stir.

Who made the first prize?

Why is there a mistake in the overall auction of a "land king"?

The first level development of the entire Yizhuang X1 project, including the X1-1B block, started in 2007. The first level developer is Xin Xin Cheng (formerly known as Beijing CITIC Xincheng Real Estate Co., Ltd.).

According to regulations, the main land development is land acquisition and storage center under the land department, but as a public institution, the collection and storage center is often unable to develop, but commissioned by the real estate business.

Developers who undertake the development of land at the first level can earn 2% to 8% profits in accordance with whether they can make advances, but this profit is obviously unable to attract developers to participate.

Insiders said that developers participate in the development of land at a large extent to facilitate the two level market.

Specific to the X1-1B plot, in January this year, the reporter quoted people familiar with the matter as saying, "because the first level development of the Yizhuang block is the operation of CITIC Real estate, several blocks close to it are also engaged in the first level land development by CITIC. At that time, we knew that land pactions were not suspense."

In December 15, 2009, CITIC Xincheng company submitted to the Daxing District government an application for the land market entry of X1-1B land in Daxing, Yizhuang. The copy of the application obtained by this newspaper is written. The land development of the X1 project has completed an investment of 2 billion 650 million yuan, of which 1 billion 610 million yuan is paid for demolition funds, 700 million yuan for land expropriation, 340 million yuan for initial cost, financial cost and management cost.

The key is that, according to the documents issued by lawyers, these costs have exceeded the original level of land development at X1-1B level, which is 1 billion 180 million yuan.

In this case, CITIC Xincheng company applied to the government of Daxing District to apply for the X1-1B land to start the land market paction work, so as to speed up the investment progress of land development and the construction progress of X1 project.

Some insiders speculate that this may coincide with the intention of the land reserve department.

At that time, the land market in Beijing was in a state of madness. Choosing the right time to push the land to the two level market is related to the land revenue.

Still in this application, CITIC Xincheng company said, "X1-1B plots have completed land acquisition, housing demolition and other work, only the remaining generation of land acquisition on the two enterprises will be completed in the near future."

Whether it is the application for the X1-1B block market entry or the bid notice, it is only mentioned that the Seth company has not yet been demolished without mentioning the compensation for demolition.