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No. 3 of Seven Representative Civil and Commercial Cases of Legally and Equally Protecting the Lawful Rights and Interests of Private Enterprises by the People's Courts Issued by the Supreme People's Court: [REDACTED] Group Company v. [REDACTED] Development Company — Following the principle that "substantive provisions of the old law shall prevail" and accurately determining the general recall right in bankruptcy proceedings (Case of Dispute over General Recall Right)
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最高人民法院发布7个人民法院依法平等保护民营企业合法权益典型民商事案例之三：某集团公司诉某开发公司一般取回权纠纷案——遵循“实体从旧”原则，准确认定破产程序中的一般取回权
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【法宝引证码】
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- Legal document：
Judgment
- Judgment date：
03-03-2025
- Procedural status：
Retrial
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| No. 3 of Seven Representative Civil and Commercial Cases of Legally and Equally Protecting the Lawful Rights and Interests of Private Enterprises by the People's Courts Issued by the Supreme People's Court: [REDACTED] Group Company v. [REDACTED] Development Company (Case of Dispute over General Recall Right) | | 最高人民法院发布7个人民法院依法平等保护民营企业合法权益典型民商事案例之三：某集团公司诉某开发公司一般取回权纠纷案 |
| — Following the principle that "substantive provisions of the old law shall prevail" and accurately determining the general recall right in bankruptcy proceedings | | ——遵循“实体从旧”原则，准确认定破产程序中的一般取回权 |
| Basic Facts | | 基本案情 |
| On January 20, 2003, [REDACTED] Development Company and [REDACTED] Group Company entered into a Sales Contract on Commodity Housing. [REDACTED] Development Company sold the commodity housing involved to [REDACTED] Group Company, issued invoices for the entire purchase price, and underwent the housing pre-sale registration and recordation. The court subsequently issued a mediation agreement, according to which [REDACTED] Development Company confirmed that it owed [REDACTED] Group Company 30.59 million yuan and sold the commodity housing to [REDACTED] Group Company for offsetting the debt to [REDACTED] Group Company. In view of the above, the enforcement court rendered an enforcement ruling that "the ownership of the commodity housing involved should be transferred to [REDACTED] Group Company. The relevant formalities should be handled by the parties involved." In 2007, both parties delivered the commodity housing involved on-site in two separate batches and [REDACTED] Group Company obtained the keys and access cards. [REDACTED] Development Company failed to obtain the real estate ownership certificates due to its own reasons and the transfer and registration of ownership of the commodity housing remained incomplete. Later, as the commodity housing involved was occupied by a party not involved in the case, [REDACTED] Group Company twice filed lawsuits against the party not involved in the case and claimed for removal of the obstruction, and it was all supported by the court. On June 18, 2015, [REDACTED] Development Company entered the bankruptcy liquidation proceedings. [REDACTED] Group filed a lawsuit and claimed that it should exercise the recall right against the commodity housing involved. | | 2003年1月20日，某开发公司与某集团公司签订《商品房买卖合同》，将案涉房屋出售给某集团公司，并开具了全部购房款发票，作了房屋预售登记备案。后法院作出调解书：某开发公司确认共欠某集团公司3059万元，并将房屋卖给某集团公司，作为抵销对某集团公司的欠款。据此，执行法院作出执行裁定：“将案涉房屋产权过户给某集团公司所有。相关手续由当事人自行办理。”2007年，双方分两次现场交付案涉房屋，某集团公司取得钥匙和门卡。某开发公司因自身原因未取得不动产权属证书，房屋未完成所有权转移登记。后因房屋被案外人占有，某集团公司曾两次起诉案外人排除妨害，均获得法院支持。2015年6月18日，某开发公司进入破产清算程序，某集团提起诉讼，诉请对案涉房屋行使取回权。 |
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