A 60-year-old man from Wafangdian, Dalian, Liaoning, paid 50,000 old-age insurance, and opened 1 100 every month. Why?

Dalian wafangdian city Foreign Trade and Economic Cooperation Bureau uses red-headed documents to protect Japanese Lao Lai?

This is an ordinary foreign-related private lending case triggered by investment attraction in Dalian, Liaoning Province. It has been an "unsolved case" for 10 years. Wang Liqi, an overseas Chinese journalist living in Japan, became a "professional household" for transnational petitions. Under the attention and supervision of the State Bureau for Letters and Calls, the Supreme Court, the Overseas Chinese Affairs Office, the Ministry of Commerce, Liaoning Province and other relevant departments, the lawsuit of debt repayment was won, but because of a document full of loopholes and some untenable excuses.

Japan's "investor" Kato Bangyan defrauded Japan's Akulusi Company of 6.5438+0.6 million yen with the guarantee of Dalian Changxing Island Golf Resort Co., Ltd., which was established with zero registration.

The incident originated from Japanese "investor" Kato Bangyan and his zero-registered Dalian Changxing Island Golf Resort Co., Ltd. ..

Kato Fumihiko, Japanese nationality, 1962 was born in Gifu Prefecture. His parents and sister's family used to run a golf company named Japan Livex Country Club in Japan, and the company went bankrupt in March 1998. According to Japanese law, they can neither keep their property nor engage in any commercial activities in Japan, so he divorced his sister and the whole family went to Dalian.

In August, 2002, I met Xu, director of the Management Committee, in the undeveloped Changxing Island. He found a breeding ground, disguised as a Japanese "investor", but applied to invest 654.38+0.8 billion yen to set up a golf company. After approval, Dalian Changxing Island Golf Resort Co., Ltd. was established with a registered capital of 720 million yen, and "Empty Gloves and White Wolves" obtained the 40-year lease right of 8,000 mu of land. Kato transformed himself into an investor of Changxing Island Golf Course in Dalian and a big boss of a wholly foreign-owned enterprise.

On June 5438+February 65438+February 7, 2002, Kato made a high-profile promise to return to Japan and borrowed money from Akulusi Company of Japan. Aku Lu Si Company did not hesitate to lend Kato 65.438+0.6 million yen when it saw the reply of Dalian Municipal Government of China to the registered capital of 720 million yen. Both parties signed a notarial certificate in Tokyo on June 8, 2002, and signed a loan guarantee contract in Dalian on February 20, 2002. Akulusi Company directly remitted 79 million yen to Kato's account, and another 8 1 10,000 yen, and Kato took cash from Akulusi's chairman at the Japanese notary office. Since then, Kato has twice remitted 1 and 1 billion yen to China to invest in Dalian Changxing Island Golf Resort Co., Ltd., becoming its real registered capital.

For failing to repay the loan due to breach of contract, Kato Bangyan was recovered by Kurrus Co., Ltd. in China, and sued in Dalian court and won the case. However, due to the "8 1" document, the court has been unable to implement it so far.

On September 10, 2003, Japanese Akulusi Co., Ltd. made a claim against China, sued Kato Bangyan and Changxing Island Company to Dalian Intermediate People's Court, and demanded that the two defendants jointly repay the principal, interest, overdue fine and various expenses owed to the plaintiff. During this period, due to many complicated reasons, the lawsuit was full of twists and turns.

In June 2009, I started to handle this case as the agent of Akulusi Company in Japan, and I reopened the court in September of the same year.

On March 30th, 20 10, Dalian Intermediate People's Court made a civil judgment, confirming Kato's debt and amount, and Changxing Island Company's guarantee responsibility, and ordered it to be repaid. However, because Changxing Island was only sentenced to bear half of the guarantee liability, I refused to accept it and filed an appeal. On September 20 10, the Liaoning Provincial High Court made a judgment and still upheld the original judgment of the first instance.

10 10 13, I applied to Dalian court for enforcement according to law, but I was in big trouble. During the execution, the court found that during the litigation on July 2, 2004, Kato defrauded the document "Reply on Share Transfer of Changxing Island Golf Resort Co., Ltd." (hereinafter referred to as 8 1) of wafangdian city Foreign Economic and Trade Commission, forged a false agreement, and transferred all his shares of 1 and 1 billion yen to Akita Golf Company established in Japan.

Here is a brief review of the background and some time nodes of "Document 8 1":

On September 10, 2003, Akulusi Company of Japan sued Kato Bangyan in Dalian. On 28th, Dalian court filed a case with (2003) Da Min Wai Zi Chu No.38.

From March to April, 2004, Kato filed an application for jurisdiction objection with Dalian Intermediate People's Court, but it was rejected by the court. Kato's appeal to Liaoning High Court was rejected again.

On July 1 2004, Kato threw out the resolution of the board of directors of Dalian Changxing Island Golf Resort Co., Ltd., and the signatures of all shareholders were forged.

On July 2, Kato Bangyan applied for an extension of the time limit for adducing evidence on the grounds of illness. On the same day, Tai Kato Yan signed a share transfer agreement with Xinlin Zhengming, the "sick" chairman of Akita Golf Garden Co., Ltd. The signature of Lin Shen Zheng Ming is totally inconsistent with the signature I provided to the Dalian court, which was notarized by the Japanese Ministry of Justice and authenticated by the China Embassy in Japan.

On July 3, Kato Bangyan filed a lawsuit in a Japanese court on the grounds that the dispute between the two parties was filed, and his request to suspend the lawsuit was rejected.

On July 5, Dalian Intermediate People's Court informed both parties that the time limit for adducing evidence was July 22. 13 In July, Wang Qingxin, director of the Foreign Economic and Trade Commission of wafangdian city, Dalian, gave a reply to the transfer of shares of Changxing Island Golf Resort Co., Ltd. No.8 1 in 2004, that is, issued the document No.8 1.

/kloc-in July of 0/6, the court served a summons on both parties, and the hearing was scheduled for July 23, 2004.

/kloc-in July of 0/7, Kato Bangyan forged the letter of appointment and did not move in the same place.

In the name of Tian Company, he sent himself back to Dalian Changxing Island Golf Resort as the chairman and continued to operate.

On July 2 1, our court received letters from Li Yongjin, director of Dalian Municipal People's Congress, and Bai Yuxiang, deputy director of Dalian Municipal People's Congress, and the defendant Kato Bangyan requested to suspend the trial. The trial on July 23rd was cancelled.

There is no need to comment on the above, and the discerning person will know the mystery at a glance.

After a lapse of six years, in March of 20 10, a few days before the first-instance judgment of the court was issued, Dalian Municipal Bureau of Commerce, in the name of Dalian Municipal Government, renewed the enterprise approval certificate for Changxing Island Company after Kato illegally transferred its equity, confirming the approval behavior of Wafangdian.

After winning the lawsuit for ten years, it can't be executed. The crux of the matter is that "Document 8 1" is a false transfer of Kato, which puts on the cloak of "legality". I have repeatedly reported the situation to the Dalian Municipal Government, asking the administrative organs to take the initiative to correct wrong answers and safeguard legal dignity. However, the foreign investment authorities in Wafangdian and Dalian believe that there is no litigation preservation of equity in the lawsuit, and they have not informed the government. During the audit, "the materials are complete, the contents conform to the relevant laws and regulations of our country, and meet the requirements of examination and approval", there is no problem in approving the transfer, and so on, and the approval documents that are obviously wrong are refused to be corrected. Others have something to say: "Director Li of the National People's Congress knows!"

With a false fact, a forged agreement, a series of missing procedures and elements, and a document that confused the yen and the dollar, Kato transferred all the shares of Changxing Island Company to himself.

Kato agreed to transfer the equity of Changxing Island Company, and the transfer procedure was obviously in violation of the Provisions on the Change of Equity of Investors in Foreign-invested Enterprises in People's Republic of China (PRC) and the relevant regulations of the Ministry of Commerce and the State Administration for Industry and Commerce.

"Document 8 1" was approved, and Kato only submitted five materials. Not only are four of these five materials false, but according to the relevant national regulations, there are many key materials, such as: there is no application for enterprise transfer and the legal representative's signature and seal; There is no resolution or decision made by the highest authority stipulated in the company's articles of association; No capital verification report; No business license of the equity receiver, valid certificate of the legal representative, etc. The signature of the transferee, Lin Shen Zheng Ming, is completely inconsistent with the signature I submitted to the Dalian court. It is obviously forged and has not been notarized by the Japanese Ministry of Justice and authenticated by the Chinese Embassy in Japan.

The transfer agreement was not written in accordance with the legal format of China and the legal provisions of Several Provisions on the Change of Investors' Equity in Foreign-invested Enterprises, and the agreement was incomplete: there was no share and price of the transferred equity in the agreement; There is no delivery period and method for transferring equity; Failing to stipulate the rights and obligations of the transferee according to the enterprise contract and articles of association; No liability for breach of contract and so on.

Item 4 of this agreement, "No shares may be transferred again without the written consent of Party A", indicates that the ownership of the shares has not changed. After the so-called equity transfer, Kato still serves as the chairman and legal representative of Changxing Island Company, which does not conform to the provisions of China's company law and is equivalent to transferring shares to himself. The purpose of the fake transfer is clear enough.

Although the agreement was approved by document No.8 1, Kato himself had no investment funds at all, so he could not conduct annual inspection in Dalian Industrial and Commercial Bureau. Kato continued to deceive the government with "delaying tactics". In February, 2005, wafangdian city Foreign Trade and Economic Cooperation Bureau issued the Reply on Amending the Articles of Association of Dalian Changxing Island Golf Resort Co., Ltd. with document 15. Delayed time still can't get money, so the relevant departments reduced the original investment of 65.438+08 billion yen to 600 million yen. By the time of press release, only 300 million yen, equivalent to more than 20 million yuan, was in place, but it was able to get the 40-year lease right of thousands of acres of land, build a villa, and use it as collateral to obtain a loan of 2.94 million yuan from Changxing Island Branch of Liaoning Rural Credit Cooperative. China people are so gullible.

There is also "Innovation:" publicly approved by the government, written on June 6, 2008 and September 9, 2009, without months. The Foreign Investment Office of Dalian Administration for Industry and Commerce put on record that the Japanese yen has also been confused into dollars!

So many obvious shortcomings and flaws, so many obvious flaws and flaws, can be distinguished with a little common sense. Foreign investment institutions in Wafangdian and Dalian, no matter how low their quality, will not be so naive. And the "miracle" happened like this. What does this mean? The reason why they insist on not correcting their mistakes is whether they can get some clues and find the answer.

20 10, 10, 13 Dalian court enforced the case, and Kato Bunyan interfered in every way. As a result, the court sealed up eight accounts of the golf course, with only 2200 yuan. Even more incredible, during the implementation of 20 1 13, Japanese Kato and China Meng Xiangyu. On the enterprise registration card of Dalian Industrial and Commercial Bureau verified by the court, Changxing Island Company became a Sino-foreign joint venture during its compulsory execution by the court.

Kato flouted the laws of China and challenged the government of China, which had a bad influence. Wafangdian Commerce Bureau discredited Dalian and damaged China's national image through protection.

Kato ignored the laws of China and played with the relevant departments of China government, which was a great contempt and insult to our great country and deserved to be severely punished by the laws of China. However, instead of being resisted and exposed, his series of clumsy and flawed behaviors in Dalian were given the green light all the way and protected and supported by administrative means, which also made him more and more courageous, deliberately breaking the law and unscrupulous. However, the just forces seeking the legal protection of China and the support of China government have been tossed about step by step in Dalian.

Such a simple foreign-related civil lawsuit of borrowing money and paying back money has been played over and over again in Dalian for ten years, and the situation and performance of all kinds of people are hard to describe. During this period, the leaders of the State Bureau for Letters and Calls, the Supreme Court, the Overseas Chinese Affairs Office, the Ministry of Commerce, Liaoning Province and Dalian City were all alarmed. The Japanese government, the Japan Association for the Promotion of International Trade, and the Northeast Development Association of japan-china economic association and China are also extremely concerned about this. On behalf of the Japanese government, the Dalian Agency of the Japanese Consulate in Shenyang sent a note to the Dalian government, and many Japanese and Chinese entrepreneurs also talked about it. This will undoubtedly have a negative impact on the relations between the two countries to a certain extent, and will have a great impact on the credibility and image of the China government.

The China court has restricted Japanese Lao Lai from leaving the country, and the lawsuit should have ended long ago. However, due to the protection of the Dalian government, the case continues, and the problem is thought-provoking!