Letter from the Supreme People's Court concerning the property exchange case between Zibo Food Factory and Zhangdian District Station Office

1. Situation of both parties

The appellant in the second instance (defendant in the first instance) Station Office of the People's Government of Zhangdian District, Zibo City, Shandong Province, lives at No. 176, Xingyuan West Road, Zhangdian District .

Legal representative Zhang Haian, director of Zhangdian District Station Office.

The appellee in the second instance (plaintiff in the first instance) Zibo Food Factory lives at No. 174, Xincun West Road, Zhangdian District.

Legal representative Zhang Yuanxiao, director of Zibo Food Factory.

The defendant in the first instance is the Park Office of the People's Government of Zhangdian District, Zibo City, Shandong Province, and lives at No. 64, *** Qingtuan West Road, Zhangdian District.

Legal representative Wei Aiying, director of the park office.

The defendant in the first instance is the Stadium Office of the People's Government of Zhangdian District, Zibo City, Shandong Province, and lives on East Second Street, Zhongxin Road, Zhangdian District.

Legal representative Gaoxin Town, director of the stadium office.

The third person in the first instance is Zhangdian Machinery and Vehicle Repair Factory (formerly Agricultural Machinery Factory), who lives at No. 172, Xincun West Road, Zhangdian District.

Legal representative Wang Chuanxin, director of the repair factory. 2. Facts and evidence determined in the second instance judgment.

In order to expand the factory and expand the production of food replicas, the Commercial Bureau of Zhangdian District, Zibo City, and the Zhangdian Commune to arrange employment for the rural-to-non-agricultural personnel after the urban land was expropriated, the two parties entered into an agreement on November 25, 1980. A property exchange agreement was signed on the same day. The Zhangdian District Commercial Bureau handed over the operation and management of the ice factory and production tasks to Zhangdian Commune, and Zhangdian Commune handed over the tractor station, pig farm, and agricultural machinery factory to the Zhangdian District Commercial Bureau. Specific content 1. The Zhangdian District Commercial Bureau handed over the complete set of equipment and all production tasks of the ice making plant to Zhangdian Commune. After the handover, Zhangdian Commune will still be responsible for the cold drink products needed by the urban and rural people in Zhangdian area. No new factories will be built. 2． After the handover, the factory will be an independently operated unit that is responsible for its own profits and losses. Zhangdian Commune will be responsible for personnel arrangements, organization and leadership. The raw materials required for production will still be supplied through the original channels, and the Zhangdian District Commercial Bureau will make plans to ensure supply. 3. The Zhangdian District Commercial Bureau is responsible for business and technical guidance, assisting in arranging production, and doing a good job in business management until it can produce and operate independently. 4． The net fixed assets of the Zhangdian District Commercial Bureau are 223,581.25 yuan, and the net value of Zhangdian Commune is 500,000 yuan (including ground construction and original land acquisition fees). The Zhangdian District Commercial Bureau will replenish Zhangdian Commune with a further 276,418.75 yuan. The low-value consumables needed for the bureau's ice making will be handed over to Zhangdian Commune for free without price calculation. 5. Both parties exchange a detailed list of fixed assets, and both parties will handle the handover according to this detailed list during handover. Both parties shall not damage or dismantle all fixed assets and equipment parts due to handover, and both parties shall ensure that they are intact. 6. Based on the needs of Zhangdian Commune, the Zhangdian District Commerce Bureau provided Zhangdian Commune with a planned timber quota of 20 cubic meters in the first half of 1981. Zhangdian Commune paid the price, and Zhangdian Commune agreed to the Zhangdian District Commerce Bureau’s requisition of another 10 acres of land. It is necessary to provide welfare facilities. 7． It shall be submitted to the Zhangdian District People's Government for approval before it becomes effective. Evidence: original agreement.

On the day the agreement was signed, both parties jointly wrote a "Joint Report on Exchanges between the Ice Factory and the Commune Tractor Station, Agricultural Machinery Factory, and Pig Farm" to the Zhangdian District People's Government. Evidence: The original report is evidence .

The 14th District Mayor’s Office Meeting held by the Zhangdian District People’s Government on January 21, 1981 approved the joint report and agreement of the Zhangdian District Commercial Bureau and Zhangdian Commune, and hoped to implement it as soon as possible , with a view to expanding the production of pastries, candies and other foods as soon as possible to meet the supply of urban and rural people. The commune pig factory will not be canceled for the time being, and the factory site will not be moved. It can be reduced in scale. If it affects the construction of a food factory, relocation will be studied again. Evidence: Minutes of the 14th District Governor’s Office Meeting of the Zhangdian District People’s Government on January 21, 1981.

After the meeting, the Zhangdian District Commercial Bureau handed over the ice making plant to Zhangdian Commune in accordance with the agreement, and paid the price difference in batches, fully fulfilling its obligations under the agreement. Zhangdian Company paid the pig farm. In 1982, Zhangdian Commune was renamed Panzhuang Township. After Panzhuang Township was abolished in 1985, a stadium office, a park office, and a station office were set up. The property of the original Panzhuang Township was divided among the three newly established offices according to the principles of geographical division and general balance. The tractor station and agricultural machinery factory that were not delivered in the original agreement should be assigned to the park office according to the geographical division. However, because the original ice making plant was assigned to the station office, in order to facilitate the resolution of disputes later, the tractor station and agricultural machinery factory were also assigned to the station. car office. Evidence: Testimonies of Zhang Kecheng, former head of Panzhuang Township, and Yang Jingzhong, secretary of the party committee.

During this period, the Zhangdian District Commercial Bureau repeatedly requested the other party to fulfill the original property exchange agreement but failed. In 1988, under the coordination of the Zhangdian District People's Government, the station office delivered the tractor station to the Zhangdian District Commerce Bureau. On April 8, 1989, the Zhangdian District Commercial Bureau issued Zhang Shangzi (1989) No. 25 document, which attributed the property obtained from the original agreement to the Zibo Food Factory. On June 10, 1989, the Zibo Food Factory wrote a report to the Zhangdian District People's Government requesting the station office to deliver the unfulfilled original agricultural machinery factory. The 55th Standing Committee of the Zhangdian District People's Government held on September 4, 1989 decided that both parties should still implement the decision of the district government and be coordinated by the Zhangdian District Land Management Bureau. If the coordination fails, the case will be handled by the court. Evidence: Minutes of the 55th Standing Committee of the Zhangdian District People's Government on September 4, 1989.

After several attempts over the past few years without resolution, the Zibo Food Factory filed a lawsuit with the Zibo Intermediate People's Court in March 1993.

The Zhangdian District Station Office is required to deliver the Zhangdian Machinery and Vehicle Repair Factory (formerly the Agricultural Machinery Factory) and compensate for economic losses.

Our court made a judgment on October 25, 1993: 1. The Zhangdian District Station Office handed over the Zhangdian Mechanical Vehicle Repair Factory and its ancillary facilities to Zibo Food Factory; The facilities were vacated; 3. The Zhangdian District Station Office compensated the Zibo Food Factory for economic losses of 50,000 yuan.