Justice, Enforced. Fairness / Efficiency / Efficacy / Care
Results of enforcement
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Obligor: "Sequel Wood Products Co., Ltd."
1. Transfer amount: About $NTD103, 000. 2. Transfer agency: National Taxation Bureau of the Central Area, Ministry of Finance. 3. Case No.:100-01-00025578 4. Contents of the case: A timber factory in Miaoli has accumulated a total of 1.12 million taxes and traffic tickets. As a result of the fire, the owners were unable to pay taxes and agreed to be seized with real estates and some small coffins that symbolizes prosperity as a mortgage by Hsinchu Branch, Administrative Enforcement Agency, Ministry of Justice. 5. Situation, difficulties and results of execution: More than 10 people came to bid, and 94 small wooden coffins were all taken out at auction.
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Obligor: "Sagor School Foundation, Hsinchu City, Sagor bilingual school"
1. Transfer amount: About $NTD 569.05 million. 2. Transfer agency: Local Tax Bureau, Hsinchu City. 3. Case No.:102-1-35659 and owed to 71 cases of administrative execution of land value increment tax. 4. Contents of the case: The obligor is the only private bilingual primary and secondary schools in Hsinchu City. They were in normal operation and located in the "National Arts Park", a famous mansion area in the Hsinchu. Because the land was not used for the purpose of donation, it was required to pay taxes and administrative penal two-times fine, resulting in a huge amount of arrears. Although the obligor proposed administrative remedy several times, the judgment that determined by the highest administrative court was given against the plaintiff. 5. Situation, difficulties and results of execution: (1) In August 2013, the branch received the case, immediately executing the freezing of deposits and regulatory actions. In addition, the branch, according to law, enforced procedures such as seizure, demarcation of cadastral, price verification, price inquiry, and auction. However, to obstructed execution during the period, the obligor commissioned lawyers to submit statements, petition of rejections, secondary review and other related litigation constantly. The branch faced the protestant pressure from the legislators to hold coordination meetings, community residents, and parents' association to fight against the situation. (2) After two years of hard enforcement procedures, on January 13th 2016, the school sold at a price of $NTD345.9 million and was taken over by Kang Chiao International School, which is an education industry. Both sides would complete the assignments during the summer vacation. It can be described the conclusion of the auction of a three-win situation for highest-bidder, national debt, and teachers and students.
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Obligor: "Xu Zheng-De (Realistic owner of Jiu-Hua Villa)"
1. Transfer amount: About $NTD 34.92 million. 2. Transfer agency: Local Tax Bureau, Hsinchu County. 3. Case No.:90-1-120 and owed to 90 cases of administrative execution of the house tax and the land value tax. 4. Contents of the case: When established in 2001, the branch received many former property tax cases, transferred from Hsinchu District Court-financial court, kept execution. Including, Jiu-hua Villa is a well-known resort in Heng-shan Township, Hsinchu County. The Obligor: Xu Zheng-De, the landowner, has defaulted on the house tax and the land value tax since 1993. Afterwards, due to debt problems, rumors have absconded to China for many years. Although the branch have force him before court several times, it still failed. 5. Situation, difficulties and results of execution: (1) Jiu-hua Villa was under miserable operation since it had owed taxes. Presently, the owner leased the land to a leisure-sport company. Since villa is a kind of resort hotel, there is a long-term lease contract that can't be handed over after the highest-bidding. Moreover the upset price of land is as high as 110.52 million dollars, it has failed to sell after many auctions by Hsinchu district court and Hsinchu branch over the years. (2)The branch positively discussed executive strategies, to strive for the validity duration of the former cases. In addition to publicity, we also asked the mortgagee to assume immovables by way of debt mortgage for increasing the chance of highest-bidding. (3) In the end of the fourth auction at September 21, 2016, the mortgagee raised funds and the three-sided to put in a bid. In order to prevent such co-owners from claiming the entitled to have a first right to buy, which affects the entire development plan. Ultimately, it was the bidding closed at 127.88 million dollars, which is still higher than the first reserve price. In addition to ending the case, the results not only improving treasury but promoting the development of a new tourism industry in Hsinchu. It may be described as a win-win result of the government and the public.
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