Wenzhou Cangnan County Longgang Town Center Mall Changed "Ghost City" Loss Is Still Expanding

Between 2005 and 2007, the trust real estate development Co., Ltd. (hereinafter referred to as the "confidence room") signed a purchase and sale contract with more than 400 owners to purchase the Trust shops, and agreed in the annex of the contract that three years from the beginning of the housing company charter, after the expiration of the owner's own or out of rent.

Three years in August 30, 2010

When the business is completed, the owners will be able to recycle their respective commercial premises.

The owners can not find the corresponding shop location in the famous shopping mall, but there is only one empty shopping mall.

The owners found that in the 24 thousand square meters of the first and two floors of the shopping center, many owners occupied the fire corridors, and some shops were located under the fire shutter doors, and the shop locations were even separated by the fire shutter doors. If the fire broke out, the shutter doors would not play any role.

"The shopping malls are oversold.

The area of public fire fighting, which was originally used for public access and safe evacuation, was sold to the owner as a shop.

Chen Feng dissatisfied with the behavior of such a oversold area of trust property, "this layout of fire is simply not qualified."

This has led to the fact that shopping malls have not been able to re open business so far.

According to the owner Chen Feng, the shopping center has been unable to open for nearly 4 years, and more than 400 owners have lost hundreds of millions of dollars in rent.

The first three years are normally open. Why can't owners open after the expiration of the charter period?

The fifteenth provision of China's Fire Law stipulates that before a public gathering place is put into use and business, the construction unit or the employing unit shall apply for fire safety inspection to the Fire Department of the public security organ of the local people's government at or above the county level where the place is located.

Those who do not undergo fire safety inspection or fail to meet fire safety requirements after examination shall not be put into use or business.

According to the three year charter business contract signed by the owners and the confidence housing company, the operation company of the developer is responsible for the overall operation of the shopping center during the first three years.

According to the Wenzhou Fire detachment staff, the confidence center shopping mall approved the fire information of the shopping mall on the 30 daily in April 2004, and passed the inspection in December 27, 2007.

Now that it has passed the inspection and has been in normal operation for three years, why can the owners of the three years be unable to start business again after the expiration of the three year charter period?

Wenzhou city fire brigade staff said, "according to the law, shopping malls need two alterations or decoration, all need to be re built for approval, after acceptance is eligible for re operation of daily activities."

"Developers have prepared two drawings, a large bay shopping mall drawings to the fire examination and approval, a" lattice shop "drawings sent to the housing authority.

Many landlords, like Chen Feng, have two certificates of land certificate and property certificate, but the approval of the fire information is not the fire information after being divided.

Wenzhou Fire detachment staff said that the information on the large bay was archived on the fire detachment.

Who is responsible for the loss of owners in the past four years?

According to many sources, Longgang believes that its business has been thriving for the first two years.

"This shopping mall is located in the center of the town. The popularity of the shopping mall is particularly strong in the first two years, but now there is a fire hazard and can not be opened."

Chen Feng said.

According to Chen Feng, the shopping center was not as popular as it used to be in the past third years. This is because the confidence room has been working.

"Developers refuse merchants to enter the field, only fail to enter, deliberately lowering the pressure on the mall.

The purpose of developers is to increase the profit by signing a longer more than 10 year charter contract with the owners at the lowest price.

However, the owners did not sign a charter contract with the developers, but decided to own their own shops.

In this regard, I believe that the senior manager of the housing industry has never deliberately made a low popularity.

"At the end of the three year charter period, we really want to sign a longer charter contract with the landlord, but we have never deliberately lowered the price.

The first three years for the start of the market for the development of the rent will be a bit higher, but after the smooth development, it will follow the market price, but the owners do not agree, there is no lease agreement.

Confidence building senior executive explained, "our shopping center is through fire check. In the first three years, we are all operating normally, and have not been sealed up.

This shopping mall is a commercial complex. It is a commercial real estate that needs unified planning and unified operation.

Owners take the shops back, and it is also necessary for all owners to find another operation company to operate as a whole instead of doing the same as the market.

If it is a unified operation, then there will be no problem with the fire data of the mall.

Confidence building senior executives insist that the responsibility of shopping arcade in the past four years should not be borne by the owners.

"We can start business in the first three years. After the owners take it back, they can also package it to other operation companies to start their business, instead of losing money all the time.

If there is a problem, it can also be resolved by business. The loss of vacancy should not be borne by developers.

The owners believed that the confidence housing opened the sale of the shopping malls without authorization, leading to the existence of security risks in the shopping malls, so far it was impossible to open the business, and the owners' losses should be borne by the developers. The owners also tried to solve the problem through legal channels.

In August 2013, the owners filed a civil lawsuit against the intermediate people's Court of Wenzhou, asking for confidence in the fire fighting and compensation for the commercial premises involved.

The intermediate people's Court of Wenzhou ruled: "the court held that the appellant's claim for the rectification of the commercial premises involved in the case does not fall within the scope of the civil procedure accepted by the people's court.

Moreover, the appellant's joint action on the delivery of commercial premises and compensation for economic losses does not conform to the provisions of the Civil Procedure Law on necessary joint litigation and is not suitable for joint hearing.

Therefore, the case should be dismissed and prosecuted. "

At the same time, the owner brought an administrative lawsuit to the people's Court of Cangnan County, requesting the cancellation of the initial registration of the housing ownership of the commercial houses.

The court of Cangnan County ruled: "the time when the plaintiff approved third people believed that the ownership of the commercial housing was initially registered in December 18, 2008, and the prosecutor handled the registration of the pfer of the ownership of the house in August 6, 2009. The ownership of the commercial premises was pferred from the name of the third person to the name of the prosecution.

Therefore, the prosecutor's content of the specific administrative act made by the prosecutor is well known and has exceeded the time limit prescribed by law.

The prosecution of Lin Liping will not be accepted by the court. "

At present, the owners have filed a retrial application with the Wenzhou intermediate court and filed a lawsuit with the Zhejiang provincial high court.