Guangxi Hechi: married women land compensation case won, the villagers refused to perform, the court so

2022-04-29 0 By

“Thank you so much, Judge Lu. Without your help, we might not have been able to get the compensation!”On January 21, 2022, in the hall of Nandan Court, the applicant Xiao Dan (pseudonym), on behalf of the four “married women”, excitedly handed a banner with the words “Love of vulnerable people and enthusiasm for doing things for the people” to judge Lu Rui of the Executive Board of Nandan Court to thank the judges for their efficient execution.The same day, to xiao Dan as the representative of the four “married women” in the executive board of the hospital received their share of land compensation.In 2020, the construction of national highway expropriated a village villagers group of a village luofu town nandan county collectively owned shrubby about 70 mu, a total of more than 400,000 yuan compensation.After receiving the compensation for land expropriation, the villagers’ group shall make a distribution plan for the compensation for land expropriation according to village rules and regulations and hold a villagers’ meeting.Xiao Dan and his two children are registered in the village, but the villagers’ meeting has excluded xiao Dan and other “married women” from the allocation meeting and allocation list.Villagers group “they marry out, is not our tun people, not eligible to get compensation!”When asked about the compensation for land expropriation, no villager group said that the “married women” were not within the compensation scope. Did the married daughter really “grandma does not love, uncle does not love” become a spilled water?”Married women” really can not enjoy land compensation?Taking doubt, the person such as xiao Dan consulates relevant problem to concerned legal personage.After consultation, they understand that “married women” with certain conditions can also enjoy land compensation.After understanding the situation, Xiao Dan and other 4 “married women” have sued the villagers group to the court, asking to pay the corresponding land compensation.Court found that Dennis since the relationship between daily life and the household registration at birth has been home to the villagers group did not change, the original made the villagers group membership, and on both sides of husband and wife after married and have children with current husband has been working in nandan county, not in the family to enjoy the right to the contracted management, therefore, Dennis in the village collective economic organizations membership in the group did not loss due to marry out.Dennis’s two children, as minors, also settled in the village group with their mother after birth, and lived with their mother and were also members of the village group.The Nandan court ordered the villagers to pay a total of 81,291 yuan to Xiao Dan and his two children for land compensation.The villagers’ group appealed to hechi Intermediate People’s Court against the nandan court’s first-instance verdict.Hechi Intermediate Court after the trial, maintain the judgment of the first instance.After the judgment came into force in March 2021, the villagers’ group did not fulfil its obligations as set out in the legal instrument in force.In May 2021, Xiao Dan and others applied to the Nandan Court for execution, but the villagers’ group still did not fulfill its obligations.In December 2021, Dan and others applied to the court for enforcement.However, it was found that the group of villagers had no other property available for enforcement and the enforcement proceedings could not continue.In January 2022, Dennis and others applied to the Nandan Court for the resumption of the compulsory execution and provided the court with clues that the villagers’ group had other compensation payments for land expropriation.The court immediately served the execution notice to the villagers’ group to restrict its voluntary performance, patiently explained the explanation to the villagers’ group, but it still did not take the initiative to perform.In order to close the case as soon as possible, after the execution judge investigated the property available for execution of the villagers’ group, he launched the linkage mechanism of execution work, and fully mobilized social forces to successfully deduct the execution case money to the court account.The court finally executed the compensation for Dan et al.Three other applicants also received land compensation.Source: Hechi Zhongyuan wechat official account