2024-09-05
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for six years, 47-year-old anhui contractor chen xiaowen and her sick husband yu yongfang have been struggling to collect project funds and related loans totaling more than 6.6 million yuan for the construction of the renji new community.
photos of yu yongfang's previous real-name report
as early as june 2024, chen xiaowen reported her experience to the reporter of huashang daily dafeng news, and has been improving the complaint materials. on august 29, chen xiaowen said that she and the relevant parties were still negotiating a solution, and the problem was expected to be resolved. on september 2, chen xiaowen suddenly sent a message to the reporter with the word "last words", and then no one answered the phone. on the same day, the reporter contacted many parties and learned from one of her relatives that chen xiaowen took medicine to commit suicide during negotiations with the relevant parties and was sent to the hospital for rescue. on september 3, suixi county hospital said that chen xiaowen was not out of danger yet.
message sent by chen xiaowen to reporters on september 2
what kind of project pushed this once successful businesswoman to the brink of despair?
business opportunities
a woman went home to visit her family and heard that a town government project developer was recruiting contractors.
chen xiaowen once told reporters that she was from suixi county, huaibei city, anhui province. in the 1990s, due to her mother's early death, she went to other places to work at the age of 16. chen xiaowen's husband yu yongfang was born in jiangsu in 1969. the couple has been contracting engineering and decoration businesses in nantong for many years and have saved a lot of money.
in 2014, when chen xiaowen returned to suixi county to visit her relatives, she heard that the nanping town government and huaibei tianjia real estate development co., ltd. (hereinafter referred to as "tianjia real estate company") were going to build a new community in renji and that tianjia real estate company was recruiting contractors. she believed that the project was a government project and was part of her hometown's construction, so the investment was guaranteed and she wanted to participate in it.
according to the "investment cooperation agreement on renji emerging community project in nanping town, suixi county" signed by both parties, the nanping town government plans to invest in an area of about 2,000 acres in renji village, west of renlou mine, and on both sides of the qinglu railway, with tianjia real estate company investing to prepare various planning and engineering construction plans for the project area, including community planning, green landscaping, municipal roads, supporting facilities, and housing construction.
the "cooperation agreement" stipulates that the project settlement method is as follows: nanping town government will repurchase the community developed by tianjia real estate company at a price of 5% profit plus various costs such as construction installation, community supporting facilities, various taxes and fees, except for the land transfer fee (returned part), for resettlement, municipal roads, and community public buildings, and the repurchase will be based on the final audited amount plus 5% profit.
a reporter from the huashang daily dafeng news noticed that the project stipulates that the repurchase payment will be 10% to 30% each time depending on the construction progress of the house; for municipal roads and public buildings, the repurchase payment will be paid in one lump sum within 10 days after the completion and acceptance.
cooperate--
i paid a construction deposit of 1 million yuan, but the project was done by someone else.
in order to enter the construction site, the developer was lent 2.5 million yuan to pay the wages of migrant workers
chen xiaowen recalled that around april 2014, she met ren mou, the head of tianjia real estate company, and ren mouqu, the head of renji village committee, through an acquaintance. "i feel that village cadres have a lot of say in whether the project can be undertaken." according to the other party, if she wanted to undertake the project, she needed to pay a deposit of 1 million yuan in advance. the money would be returned 45 days after the start of construction, and compensation would be paid at an annual interest rate of 24% if the payment was overdue.
this statement was confirmed by the suixi county court's "civil judgment" (2018 wan 0621 minchu 650) on march 1, 2018. the judgment shows that yu yongfang and tianjia real estate company signed the "agreement on project quality and wage guarantee" on august 4, 2014, with a guarantee of 1 million yuan; yu yongfang's 1 million yuan guarantee and corresponding interest were to be repaid before march 30, 2017.
chen xiaowen said, "the original agreement stipulated that we would undertake the construction of the initial house frame of the resettlement building. at that time, we had recruited the workers, but we had not received the notice to enter the site." after waiting for more than a year, she realized that there was a problem, so she went to the construction site to check, and found that a contractor had already entered the site to build the initial frame of the house. "after discovering the situation, i called the police..." after learning of the situation, tianjia real estate company found her to negotiate.
"tianjia real estate company was already caught in the vortex of withholding wages for migrant workers at that time. in order to solve the problem of migrant workers' wages, they borrowed 2.5 million yuan from us and promised to change the original agreement to allow us to enter the site to carry out construction on the secondary structure of the house." chen xiaowen said.
the civil judgment (2017 wan 0603 minchu 1370) issued by the xiangshan district court of huaibei city on august 18, 2017 confirmed that on march 28, march 30, april 7, april 15 and april 18, 2016, yu yongfang and chen xiaowen lent a total of 2.5 million yuan to ren, the head of tianjia real estate company, and his wife cao on five occasions.
debt collection
3.16 million yuan of project payment cannot be settled
the loan and deposit of 3.5 million yuan cannot be refunded
around 2017, yu yongfang and chen xiaowen completed part of the project as agreed. chen xiaowen said that on january 19, 2017, the two parties settled the project, but the money was never paid. "not only the project payment could not be settled, but also the 2.5 million yuan loan and 1 million yuan construction deposit could not be refunded." "if the developer does not settle the payment, we have no money to pay our migrant workers' wages."
the suixi county court's "civil judgment" (2018 wan 0621 minchu 3489) on december 17, 2019 shows that after yu yongfang and tianjia real estate company signed the contract, yu yongfang completed part of the project agreed in the contract. on october 26, 2016, tianjia real estate company promised that the renji new community (tianjia lakeside) shop project would be constructed by yu yongfang. due to tianjia real estate company's reasons, yu yongfang was unable to continue the construction.
the "judgment" confirmed that tianjia real estate company was suspected of "owing wages to migrant workers". it is reported that the company owed wages to migrant workers, and the person in charge, ren, was transferred to the public security organs by the suixi county labor supervision brigade for investigation. tianjia real estate company paid more than 1.06 million yuan, which was paid by the nanping town government and suixi county debt collection office. in addition, tianjia real estate company directly paid yu yongfang 350,000 yuan... the court ruled that tianjia real estate company paid yu yongfang 3.16 million yuan, with an annual overdue interest of 6%.
in addition, yu yongfang and chen xiaowen also won two other lawsuits against tianjia real estate company, ren and his wife cao regarding a 1 million yuan deposit and a 2.5 million yuan loan. the total amount of the court ruling was 3.5 million yuan, and the annual overdue interest was 24%.
strange——
the developer claimed that the relevant departments did not pay the project fee.
“i don’t understand why the developer didn’t sue over the years.”
in chen xiaowen's opinion, the construction of the renji new community has been completed, and the project is so large that the construction funds are "someone can run away but the temple cannot." the two had applied for property preservation long before the lawsuit, but the development of the matter was beyond their expectations.
according to the multiple "execution orders" provided by chen xiaowen, tianjia real estate company has no executable property, and the court has sealed up several commercial buildings in the renji new community (tianjia lakeside) project. among them, on december 15, 2020, suixi county court lifted the seal on the sealed commercial buildings no. 1 to 3, no. 6 to 8, and no. 13 to 17 on the grounds that the two parties reached an agreement.
chen xiaowen said that although the suixi court and other courts had seized and paid off properties in many projects, these properties were handled in violation of regulations and were subsequently unsealed on the grounds that they involved collective land. she had tried to realize her debt, but found that the houses involved were occupied or sold to others. she believed that the court's rulings before and after were suspected of illegal unsealing, illegal and erroneous payment, and refusal to execute the law, so she and yu yongfang began to complain to the relevant departments to protect their rights.
"according to the relevant departments, i should have gone to tianjia real estate company to collect the debt, not them." chen xiaowen said that she and her husband had asked tianjia real estate company for compensation many times over the years, but the other party always said that there was no money in the account because the relevant departments had not paid the construction fee for the renji new community (tianjia lakeside) project. she felt strange that in the past six or seven years, tianjia real estate company had never filed a lawsuit against the relevant units in suixi county to claim the project construction fee. "this project involved more than just my family, and no one got the money back... i heard that renji village cadre ren mouqu and tianjia real estate company's head ren mou are brothers-in-law."
regarding the claim that the developer did not file a lawsuit and that the village cadres and the developer's head are relatives, the huashang daily dafeng news reporter contacted the nanping town government and the person in charge of tianjia real estate company for verification, but to no avail.
question--
the seized houses were disposed of in violation of regulations, and "the relevant departments wanted to 'scam' the contractor's funds"?
"letter of commitment": the total investment of the project is 60 million yuan, but the relevant departments have not paid it yet.
in the view of chen xiaowen and yu yongfang, tianjia real estate company and relevant departments of suixi county were deliberately "tricking" them in an attempt to "swindle" the contractor's funds to solve the resettlement problem of villagers in the coal mine subsidence area.
chen xiaowen provided a "record of investigation" in the office of shuangdui court in suixi county on october 10, 2020, showing that ren, the head of tianjia real estate company, said that the project was suspended at the end of 2018 due to incomplete relevant procedures and construction funding issues. in 2011, the company and the renji village committee agreed that the renji village committee would be responsible for handling the real estate title deed. subsequently, the houses in buildings 13 to 17 were delivered to the renji village committee.
a reporter from huashang daily dafeng news noticed that according to the information in the "investigation record", before october 10, 2020, the suixi county court sealed the properties of commercial buildings no. 13 to 17. the developer and renji village committee had disposed of these sealed properties before the court unsealed them.
in addition, a reporter from huashang daily dafeng news obtained a "letter of commitment" with the seal of "tianjia real estate company" dated august 6, 2024, which shows: our company undertakes the resettlement project of the new community in renji, nanping town... at the end of 2018, the new two-story building of about 25,000 square meters was completed and delivered to the local administrative village. residents have moved in. the total investment of the project is 60 million yuan (including road foundation, three connections and one equality). this money has not been paid to the company so far, making it impossible for the company to repay the principal and interest of about 8 million yuan to the friend. after the board of directors studied and decided, it agreed to repay the principal and interest of the friend while dealing with the payment of yu yongfang's debt after the audit of the relevant departments was completed and the total investment of the company in nanping town was paid.
photo provided by the interviewee
rights protection
husband is seriously ill, two children are studying abroad, eager to get the money back
the relevant departments are suspected to have borrowed money and provided compensation, totaling about 2 million yuan.
"tianjia real estate company developed the renji new community project. the resettlement buildings and commercial buildings in the community have been built, but the company's funds and assets are gone. the developer's project funds were paid by the relevant departments, and the money has never been paid. we must find the relevant departments." chen xiaowen said, "they disposed of the seized assets without authorization, which caused us many years of difficulties in defending our rights."
chen xiaowen is eager to ask for the overdue debt, and she has her own difficulties. the "hospitalization medical record" issued by huaibei hospital in april 2023 shows that her husband yu yongfang was diagnosed with "decompensated cirrhosis after hepatitis b, old cerebral infarction, and liver cysts" when he was admitted to the hospital. in addition, relative liu yan (pseudonym) said that chen xiaowen and yu yongfang have two children studying abroad. "one is said to have a doctorate and the other is still studying for an undergraduate degree. the two children are spending a lot of money abroad, and she is very anxious." it is said that she and yu yongfang also received 150,000 yuan in state compensation. in this regard, chen xiaowen did not provide corresponding evidence.
photo provided by the interviewee
chen xiaowen said that in march 2023, after her husband's condition became serious, they reported the matter to their superiors and eventually obtained a loan of 1.9 million yuan, which would be deducted from the subsequent execution funds. however, as proof of the loan, she only provided an "agreement" signed with the suixi county court on june 5, 2023, with an agreement amount of 200,000 yuan.
"according to the effective judgment of the court, more than 6.6 million yuan of project funds have compounded to more than 17 million yuan over the passage of time, and will generate hundreds of thousands of yuan in interest every year." chen xiaowen said that defending their rights cost the couple a lot of money and time, and the long-term arrears of large amounts of funds caused their business to fall into a quagmire.
photo provided by the interviewee
drink medicine——
chen xiaowen committed suicide after negotiations failed
county hospital: he drank dichlorvos, but his life is still in danger
on july 5, 2024, the suixi county court's "reply on the handling of problems reported by yu yongfang" showed that in view of the difficulties he reported in life, 100,000 yuan had been remitted into his account on april 1 and may 27, 2024, respectively, in accordance with the arrangements of the credit liaison office (the amount will be deducted from the subsequent execution funds); regarding the seizure of 5 houses developed by tianjia real estate company by our court, the relevant departments have arranged for the nanping town government to assist in the sale and realization of cash.
in june and july of this year, chen xiaowen repeatedly stated in her communications with reporters that the suixi county political and legal committee and suixi county court had been coordinating and that the money owed to them would be settled in the near future. at 5:45 pm on september 2, chen xiaowen sent a message to reporters saying, "the relevant departments had previously negotiated to settle our 2.6 million yuan settlement. today, the person in charge notified us to take the money and only gave me 100,000 yuan... they jointly deceived my husband and me, forcing me to have no way out... chen xiaowen wrote her last words."
at 6 p.m. on the same day, chen xiaowen’s relative liu yan told reporters that on that day, chen xiaowen and yu yongfang went to the relevant departments of suixi county to negotiate about the project payment. at 4:30 p.m., she received a call from chen xiaowen, who cried and said that she would only be given 100,000 yuan, so she went to accompany chen xiaowen. around 5 or 6 p.m., the two parties entered an office to negotiate again. "because chen xiaowen was very excited, they asked yu yongfang to speak, and later yu yongfang was also very excited. then, i heard someone fall to the ground in the office, and the people inside came out and said in a hurry that chen xiaowen had taken medicine." "i ran to her side, she fell to the ground, and asked me to help take care of the children..." that night, she was taken away by the police for record. "around 10 o'clock in the evening, the case officer saw that i was quite excited and told me that chen xiaowen was out of danger."
around 9 a.m. on september 3, a reporter from huashang daily dafeng news learned from suixi county hospital that chen xiaowen was sent to the hospital for treatment after drinking "ddv". "from the poisoning indicators, her condition is quite serious. she is currently being treated in the emergency ward and is not out of danger yet."
on september 4, the reporter tried to contact chen xiaowen's husband yu yongfang many times, but no one answered the phone.
recording--
suixi county political and legal committee takes the lead in selling the five properties seized by the court
the seized house was built on collective land, so the order was revoked.
according to the recording of the response of the relevant person in charge of suixi county political and legal committee on june 1, suixi county political and legal committee took the lead and suixi county court was executing the relevant money. yu yongfang and chen xiaowen followed tianjia real estate company to do the renji new community project in nanping town. suixi county court sentenced them to 3.16 million yuan in project funds and 1 million yuan in deposit. later, the court seized 5 houses with a total value of more than 2 million yuan, which are currently being sold. "we borrowed 1.9 million yuan from him..."
according to a recording of the negotiation between yu yongfang and chen xiaowen and relevant departments on july 19, the person in charge of suixi county court said that the court did seal up the house involved in the case, and yu yongfang paid the appraisal fee and then held a public auction. after the house failed to be sold, during the process of vacating the house, the relevant departments further confirmed the nature of the land and believed that it involved collective land, and revoked the compulsory execution ruling.
the person in charge of the court said that another reason was that before the forced execution was revoked (november 3, 2020), yu yongfang and tianjia real estate company negotiated and accepted a price of 2,000 yuan per square meter for disposal and cash, and the proceeds from the cash were used to repay the loan. on december 10, 2020, yu yongfang received 5 houses totaling 1,320 square meters, with a discount of more than 2.6 million yuan. on this basis, they unsealed some of the seized houses, "because the execution case value at the time was 1 million yuan and 3.16 million yuan, and there were more seized houses, a total of more than 100 houses, but they were not completely unsealed..."
yu yongfang and chen xiaowen disagreed. "the so-called seizure has not been carried out, and the five houses have been occupied by others. we cannot realize the creditor's rights at all..." "if it was just the developer who owed us money, why did the relevant department lend us 1.9 million yuan?"
regarding the delivery time of the renji new community project; whether the nanping town government has paid the project funds of tianjia real estate company; whether the developer illegally handed over the houses to the renji village committee for disposal during the period when the court sealed the houses involved; whether chen xiaowen and yu yongfang’s claim that "the principal and interest have reached 17 million yuan" is true, etc., the huashang daily dafeng news reporter contacted the person in charge of the political and legal committee of suixi county, the political and legal committee of suixi county, the suixi county court, the nanping town government, tianjia real estate company and other units, but received no official response.
huashang daily news reporter zhang pengkang, editor li zhi