Dispute over Wuliangye property right

Yin Shaozhou is the17th generation descendant of "Changfasheng" wine cellar. He graduated from Shi Jing Law School and is proficient in English and Japanese. He is a member of the Communist Youth League. He followed Sun Yat-sen, served as director of the Military Law Department and county magistrate of Zhongjiang County, then joined Zhong * * *, served as secretary of Yibin Branch of Zhong * * *, and secretary of Fuling District Committee of Zhong * * *, and founded middle schools and newspapers in his hometown.

19 12 On the ninth day of the first lunar month, Yin Shaozhou hosted a banquet in the name of "Spring Wine" in honor of Yibin champions and celebrities, among whom Yang Huiquan, a former Qing Dynasty juren, was invited to attend. At that time, Yinjia's aged wine was called "Imperial Miscellaneous Grains Wine", which was made by mixing five kinds of grains (rice, wheat, corn, sorghum and glutinous rice) with the water at the intersection of the three rivers (Minjiang River, Jinsha River and Yangtze River) and fermenting them in the "long-haired old cellar". It must be sealed for at least five years before it can be opened for drinking. Pour the wine into the cup, crystal clear, pour the cup and pile up flowers, with rich aroma and long aftertaste. When drinking, Yang Huiquan said to Yin Shaozhou, "It's a pity that such a good wine is made of miscellaneous grains. It is made of five kinds of grain, crystal clear and mellow as dew, so what about Wuliangye? " Everyone exclaimed in unison. Since then, the "miscellaneous grains wine" of "Yin Changfasheng" has been renamed as "Wuliangye" wine, which has been used ever since.

Yin Boming, son of Yin Shaozhou, 1924 was admitted to the Department of Sociology of Shanghai University. He was arrested and imprisoned for taking part in the May 30th Movement in Shanghai. After he was released from prison, he served as the deputy director of the Propaganda Department of Shanghai Federation of Trade Unions. Later, he returned to Yibin with a letter of introduction from Liu Shaoqi (then director of the General Affairs Department of Shanghai Federation of Trade Unions) to plan a riot, and provided RMB 8,000. After liberation, due to the shortage of food, the state monopolized the wine industry, and some old pits in Yibin were filled in and houses were built. Yin Boming was worried that the technology of brewing Wuliangye would be "completely destroyed", so he found relevant leaders and suggested that the government continue to produce Wuliangye. With the support of Li Peng, then Commissioner of Yibin Administrative Office, the government allocated grain and Wuliangye resumed production in Yibin. In the early days of liberation, many wineries in Yibin were "public-private partnerships", because no one in the Yin family was engaged in wine production at that time, and its 16 wine cellar was idle. 1952, Yin Boming signed a lease with Jia Shanbao, the director of Yibin State-owned No.24 Winery, giving the winery 16 wine cellar, other production tools and production rent for two years. The lease clearly states that 16 wine cellar is independent of the factory building.

Later, the State-owned No.24 Factory was renamed as Yibin State-owned Brewery, and the two sides continued to sign a lease contract. In the meantime, from 65438 to 0954, the State Council (formerly the State Council) issued the Provisional Regulations on Public-Private Joint Industrial Enterprises. From 65438 to 0956, the socialist transformation of capitalist industry and commerce was basically completed. However, the whole "public-private partnership" did not involve "Yin Changfasheng" 16 old pit.

If we followed this line of thinking, there would be no story today. However, an episode happened soon. 1958, the state began to carry out socialist transformation of urban private rental housing, and handed over private housing to the government for management, rent collection and repair. The government gives about 20% of the rent to the owners, which is called "rent" in history. Because the central government issued a document, Yin Boming responded positively and rented five factories to the state-owned Yibin Distillery to apply for national economic rent.

During the Cultural Revolution, Yin Boming was labeled as "No.3 Special Agent" in Yibin (No.1 and No.2 were Yibin Municipal Party Committee Secretary and Yibin Mayor respectively), and was assigned to "May 7th Cadre School" for labor reform, and was labeled as "traitor", "spy" and "Liu Shaoqi accomplice". Later, he died in the cadre school. 1980 rehabilitated. In the meantime, 16 wine cellar has been "rented" by Yibin Wuliangye Winery.

1993, Wuliangye Winery signed the Lease Renewal Agreement with Yin Boming's children, and "extended the lease for Changshengsheng 16 Laojiao" to make wine, so as to settle the historical debts once and for all. Since then, the two parties have signed four leases, and the rent has been paid until 65438+February 3, 20091(the annual rent exceeds 23 1 ten thousand yuan).

The wine cellar lease agreement between Yinjia and Wuliangye Company is strictly confidential on the grounds that it belongs to trade secrets, and it has been "silent" for nearly 60 years. If it weren't for this wine cellar property dispute, the public wouldn't know the secret. In June 2005, the National Museum collected a "national treasure" given by Wuliangye Company: a piece of clay in Yin Changfa's old cellar that is more valuable than gold.

"Yin Changfasheng" wine cellar has been in use since the founding of the Ming Dynasty, and it is the oldest existing wine cellar in the world. There are hundreds of millions of beneficial microorganisms living in the wine cellar, which is an extremely rare "living cultural relic". The 600-year-old cellar endowed Wuliangye liquor with rich microorganisms and aroma substances, which made the liquor more mellow. At the same time, long cellar age can reduce the proportion of harmful substances in liquor and improve the substances beneficial to human body.

On the official website of Wuliangye Company, you can see the following introduction: 16 After hundreds of years of continuous use and maintenance, the ancient cellar in Ming Dynasty has become the only earliest existing cellar pool for koji fermentation in China. Wuliangye has been used to this day, but the ancient cellar claimed by other wineries is only a site.

Then, how many of these 16 ancient pits in the Ming Dynasty are more expensive than gold? It is estimated that pit 16 contains 26.4 tons of such "mud".

The reporter checked the Independent Financial Consultant Report of Yibin Wuliangye Co., Ltd. on Asset Replacement and Major Related Party Transactions issued by GF Securities Co., Ltd. in April 20001year. The report shows that Wuliangye Winery will set up five brewing workshops in 507, 5 15, 5 17 and 607 (excluding Ming Dynasty 16). The main asset of these workshops is the wine cellar. According to the report, "Pit is a special production equipment, which is different from general physical assets. Their value does not decrease with time, but increases with time (that is, the older the pit, the better). The longer the cellar age, the higher the output of high-quality wine and the greater the benefits created. "

The 600-year-old national treasure cellar is the only one in China and the only one in the world, and it is priceless.

In 2009, the 600-year-old "Long Occurrence" cellar was reported to National Cultural Heritage Administration and officially declared as "National Key Cultural Relics Protection Unit"; At the same time, the 600-year-old pits and traditional brewing techniques have also been officially "applied for": the ancient pits applied for "world material cultural heritage" and the traditional brewing techniques applied for "intangible cultural heritage".

"In fact, the' Long Occurrence' old cellar should have been listed as a national key cultural relics protection unit long ago." Yin told reporters, "Before LU ZHOU LAO JIAO CO.,LTD Joint-stock Company declared, we repeatedly urged Wuliangye Company to declare national key cultural relics protection units and declare world cultural heritage, but they kept shirking." The key to Wuliangye's development and becoming a well-known liquor brand in China today is that Wuliangye Company has seized opportunities at many historical nodes. But on the issue of the 600-year-old wine cellar, Wuliangye Company obviously made a mistake.

1 984 March1a document of Yibin municipal government. At that time, the Notice of Yibin Municipal Government on Examining the Conclusion of Private House Renovation not only dealt with individual factories, but also indicated that "the wine cellar belongs to the owner and was purchased by Wuliangye Winery at a fixed price". Twenty-six years later, this document became the focus of wine cellar property disputes.

As early as July of 198 1, the Sichuan Provincial Party Committee and the provincial government issued a document to deal with the "problems left over from the renovation of private houses", and Yibin City made a review conclusion inNo. 1982, arguing that the property right of Yin Boming's rented house belongs to the state. As for the 16 wine cellar in the house, it belongs to the production tools, and the property right belongs to the Yin family.

If Wuliangye Winery spent 80,000 yuan to buy this 16 wine cellar, there would be no later story. However, Wuliangye Winery at that time resolutely refused to spend this 80,000 yuan. "Is it not a dozen holes? 80,000 yuan can dig 100 such pits! " The factory director is very determined. Soon, the winery spent 80,000 yuan to dig 100 pits and build 502 workshops.

Yibin City Executive Policy Office reported to relevant departments in Sichuan Province, and provincial leaders instructed Wuliangye Winery to purchase 16 wine cellars. Through the work of relevant departments, Yin Jia agreed to reduce the price from 80,000 yuan to 50,000 yuan, but Wuliangye Winery "does not buy expensive ones".

By 1984, the implementation of the policy in Sichuan Province left the problem of "Yin Changfasheng" wine cellar. At this time, Yibin City was divided into another prefecture-level city-Luzhou City. Concerned that LU ZHOU LAO JIAO CO.,LTD Co., Ltd. and Langjiu Distillery would buy 16 Ming Dynasty old cellars, the relevant leaders recognized that the aforementioned "cellars are owned by the owners" in the Notice of Yibin Municipal Government on Examining the Conclusion of Private House Renovation.

On February 29th, 2009, at 65438, Wuliangye Company sent a notice to Yin Jia, saying that in 1995 and 1996, Wuliangye Company had purchased the house above the wine cellar, which naturally included the wine cellar. Therefore, "our company has decided not to sign the renewal agreement with you from 20 10". The Yibin Intermediate People's Court issued an administrative ruling, saying that the notice of the Cuiping District Government of Yibin City on revoking the relevant contents of the Notice on Examining the Conclusion of Private Housing Reform was a specific administrative act of the administrative organ to implement the private housing reform policy and solved the historical problems left over before the implementation of the administrative litigation law. According to Article 3 of the Supreme Court's Notice on Accepting Real Estate Cases (1992) No.38, it is not within the scope of work of the people's courts. If the plaintiff refuses to accept it, he should apply to the relevant department for settlement. Therefore, the ruling is inadmissible.

In other words, the parties can only apply to the government to solve the property dispute of the wine cellar, but not through litigation.

Yin Xiaogang was invited to the government office of Cuiping District. The leaders of several departments "talked heart to heart" and said that in view of the origin of Yin Jia and Wuliangye, they played a basic and initial role in Wuliangye, and suggested to put forward a plan that did not involve property rights, so as to facilitate the leaders to solve the reference.

Wuliangye's "wine cellar door" incident has become a sensitive topic in Yibin. The reporter contacted the Propaganda Department of Yibin Municipal Committee, and the person in charge of relevant departments said that it is not convenient for any department in Yibin to be interviewed by reporters.

After five years of marathon litigation, Wuliangye investors finally won. Wuliangye paid 14 1 plaintiff RMB13.44 million yuan in one lump sum to compensate the plaintiff for the investment losses caused by the company's "false statements".