Source: Chongqing Morning Post
Sheng En's widow Zhang Wen.
Old photos when the construction of the Taiwan Building began (remake).
Taiwan Building, located in the "first unfinished building" in downtown Guiyang. Upstream News Reporter Shen Du
On the bustling South Zhonghua Road in Guiyang City, Guizhou Province, the famous Taiwan Building stands on the streets. Although the lower floor of the building has been put into use, construction tower cranes are still installed on the other side of the building. Uncut steel bars pointing to the sky in a mess. A thick layer of moss has covered the top concrete - from 1996 to 2019 In 2019, the Taiwan Building, which had not been completed in 23 years, deserved to be the "No. 1 unfinished building in Guiyang".
Recently, Chongqing Morning Post and Upstream News reporters learned in an on-site interview in Guiyang that behind the unfinished building of Guiyang, there is a "wealthy family grudge" that is almost the plot of the movie: brother Sheng En and his younger brother Sheng Zhusheng compete for the "Sheng Family Group": "The lawsuit, including the Taiwan Building and Sheng'an Hotel, has been filed from the Guiyang Intermediate People's Court to the Supreme People's Court. When his brother Sheng En died in 2011, he even left a will, saying, "If the lawsuit is not settled, he will never be buried." His body has been suspended from November 2011 to this day.
What is little known is that the decisive evidence of this "wealthy family grudge" was actually a statement issued by his brother Sheng En himself through the Guiyang Notary Office.
Guiyang's first unfinished building, not completed in 23 years
Guiyang's South Road is one of the prime locations, and the "Guiyang's first unfinished building" Taiwan Building is located here.
htmlIn early July, the reporter found in Taiwan Building that the first and second floors of the building were rented by many merchants to sell mobile phones, communication equipment and other equipment, and there is no obvious difference from other commercial buildings around it. But standing downstairs looking up, the exposed steel and concrete reminded the embarrassing identity of this unfinished building.A owner of Taiwan Building, Mr. Li, told reporters that as early as 1992, when the construction of the Taiwan Building had not started, he purchased a shop on the first floor of Taiwan Building. "The house is in the first-class city center of Guiyang, and it was the first sales building at that time. The shop was sold at 5,488 yuan per square meter in 1992. "Mr. Li said that the price at that time was definitely considered a "popular shop" in the center of Guiyang.
After the Taiwan Building shop was sold to the public, it was unable to build it as expected and delivered to the owner. Mr. Li said that the Taiwan Building, which was originally expected to be delivered in 1998, was not until 2001, with the efforts of the owners, and the first floor of the building was handed over to the owners. "The house was built to the 18th floor, but because of the poor quality of the project, it was not. Qualified, repaired and demolished. Currently, only the first to eighth floors are in use, and the others are still on the drawings. "
load-bearing column is unqualified, repaired and demolished 9th floors after repairing 18 floors. For most Guiyang citizens, Taiwan The building is just an unfinished building standing suddenly on the streets of the downtown city. Few people know about the struggle between the rich and the brothers behind it.
Brother Sheng En is a businessman with Hong Kong resident status. His name has also resounded all over the business world in Guiyang. In 1988, Sheng En, who left Guiyang in his early years, returned to the mainland to invest and his business was booming.
Sheng Zhusheng is Sheng En's third brother. The two partnered as business partners in the 1980s. Relevant judicial documents show that in 1988, under the command of Sheng En, Sheng Zhusheng contracted and operated the Guizhou Anqian Energy Development Corporation, which was established with an investment of 2 million yuan by China Anneng Construction Corporation, with a contract period of 10 years. Anqian Energy Development Corporation then invested another 700,000 yuan to establish Guizhou Anqian Housing Development Company. Also in 1988, Sheng En, a sole proprietorship company under his name, established Guizhou Sheng'an Hotel Co., Ltd. with Anqian Energy Development Corporation. Anqian Energy Development Corporation holds 12% of the shares, Hong Kong Xiansheng Sheng Company holds 88% of the shares. In 1992, Hong Kong Xiansheng Company and Anqian Housing Development Company jointly established Guizhou Sheng'an Real Estate Development Company (hereinafter referred to as Sheng'an Real Estate). Sheng En served as the legal representative, of which Anqian Housing Development Company accounted for 75% of the shares. Hong Kong Xiansheng Sheng Company holds 25% of the shares.
Since 1993, Sheng'an Real Estate, which was the legal representative of Sheng En, began to plan and build the Taiwan Building, and officially started construction in 1996.The Taiwan Building design drawing obtained by the reporter shows that the Taiwan Building covers an area of 13 acres and has a planned total construction area of more than 100,000 square meters. It consists of a basement, podium, and north-south tower. It is a large single multi-function 20-storey building, which is for the year " The first modern high-rise building on the land of Guizhou”.
After construction of the Taiwan Building started in 1996, it was found that there were serious problems with the building's quality, and it was forced to stop construction when it was built to the 18th floor. An insider who participated in the construction that year told reporters, "Because the load-bearing columns are not qualified, a layer of cement steel bars was rebuilt outside the repaired load-bearing columns, and even 9 floors of the 18th floor upstairs were demolished." At this point, less than 60,000 square meters remained, and eventually became the "No. 1 unfinished building in Guiyang".
The first lawsuit between the two brothers, the brothers sued the younger brothers
The relationship between Sheng En and Sheng Zhusheng brothers became tense during the construction of the Taiwan Building.
Insiders revealed to reporters that Sheng Zhusheng served as the commander-in-chief of the construction of Taiwan Building, but his brother Sheng En suspected that Sheng Zhusheng and others had corruption during the construction of the Taiwan Building, while Sheng Zhusheng accused Sheng En of the construction funds that he promised were not in place, which directly led to the The project is unfinished.
1998, due to policy changes at that time, Sheng En, who was a Hong Kong businessman, signed a "Share Transfer Agreement" with China Anneng Construction Corporation, paid 2.3 million yuan in one lump sum, and obtained Guizhou Anneng Capital Development Corporation and Guizhou Anneng Capital Development Corporation and Guizhou Anneng Construction Corporation All equity of Qian Housing Development Company. Sheng En's widow Zhang Wen told reporters that after Sheng En completed the equity transfer operation, due to relevant national policies, the relevant procedures for equity and industrial and commercial change registration of the above two companies were delayed until 2007.
Sheng Zhusheng believed that the transfer of equity of the two companies was obtained by Sheng En in violation of regulations and the relevant transfer agreement was invalid, so he refused to hand over the management rights, official seals, some financial information of Sheng'an Hotel to his brother Sheng En.
In June 2001, the first lawsuit between the two brothers began. Sheng En sued Sheng Zhusheng and three others in court, suing Sheng Zhusheng and others for damaging the company's rights and interests, and requested the court to order Sheng Zhusheng and others to stop infringement, hand over the property books and financial information, and hand over the property ownership certificate and business management rights of Sheng'an Hotel.
The first instance of the case, and his brother Sheng En won the case. My younger brother Sheng Zhusheng was dissatisfied and appealed to the Guiyang Intermediate People's Court. At the end of 2002, the Guiyang Intermediate People's Court upheld the original verdict in the second instance.
According to the Guizhou CPPCC newspaper on June 5, 2003, after the second instance judgment of the Guiyang Intermediate People's Court came into effect, Sheng En did not successfully recover relevant information and rights from Sheng Zhusheng on behalf of the company.
The lawsuit ended to the Supreme Court, and a statement became the key
It is understood that Sheng En and Sheng Zhusheng did not have another "head-on conflict" after June 2003. Zhang Wen recalled that the two brothers "reconciled again" around 2005, "the two brothers wanted to complete the unfinished Taiwan Building together."
The reconciliation between the two brothers in 2005 directly promoted the reconciliation from 1998 Guizhou Anqian Energy Development Corporation and Guizhou Anqian Housing Development Company, which began to be stranded, completed the equity and industrial and commercial registration changes. A statement signed by Sheng En at this time laid a "time bomb" for later legal litigation.
Zhang Wen told reporters that due to Sheng En's identity as a Hong Kong businessman, the equity transfer procedures of Anqian Energy Development Corporation and Anqian Housing Development Company, which signed an equity transfer agreement in 1998, have not been underway. The local relevant departments in Guiyang have also issued multiple supporting documents for this, but none of them helped.
Due to changes in policy in 2007, the above two companies had the opportunity to register for enterprise restructuring and industrial and commercial change. Sheng En, who has been looking forward to rename the company, signed a "Statement" through the Guiyang Notary Office, entrusting his younger brother Sheng Zhusheng to handle the above two The company's change and change procedures.
reporter noticed that Sheng En said in this statement, "Guizhou Anqian Energy Development Corporation was established in 1988. The registration and funding are all personal funds of my younger brother Sheng Zhusheng... In order to make the company live from the dead... In 2005, I negotiated with my brother Sheng Zhusheng to reorganize the internal affairs of the company... and returned Guizhou Anqian Energy Development Corporation, its subsidiaries and shares in the joint venture to Sheng Zhusheng."In September 2006, Sheng En also issued a "scene statement" with the same content to the Guizhou Industrial and Commercial Bureau. The above two companies also successfully completed the restructuring and share transfer due to this statement.
June 2009, Sheng En A complaint filed a lawsuit against his younger brother Sheng Zhusheng for the second time, demanding that the Guiyang Intermediate People's Court confirm that he is the actual shareholder of the reorganized and renamed Guizhou Anqian Energy Development Co., Ltd. and Guizhou Anqian Real Estate Development Co., Ltd. and enjoy all the equity of the company.
In June 2010, the Guiyang Intermediate People's Court issued a judgment, "Confirmed that Sheng En is the actual shareholder of Guizhou Anqian Energy Development Co., Ltd. and Guizhou Anqian Real Estate Development Co., Ltd., and enjoys all shareholder rights of the company. "
On December 29, 2011, after 17 months of trial, the Guizhou Provincial High Court sent it back to the Guiyang Intermediate People's Court for retrial on the grounds of "unclear facts". Sheng En failed to wait for the Guizhou High Court's judgment to be issued, and then He died of illness on November 4, 2011. The Guizhou Provincial High Court confirmed the inheritance rights of his widow Zhang Wen.
On December 10, 2012, the Guiyang Intermediate People's Court ruled to re-determine Sheng En as the actual investor of the above two companies. However, it is also believed that Sheng En cannot be directly confirmed to have legal shareholder status and shareholder rights.
On November 19, 2013, the Guizhou Provincial High Court upheld the judgment of the Guiyang Intermediate People's Court in the final trial, but also pointed out that the original judgment Sheng En is Anqian Energy Capital The investors' errors of Development Co., Ltd. and Anqian Real Estate Development Co., Ltd. should be corrected. In the judgment of the final judgment, the Guizhou Provincial High Court pointed out that "regardless of whether its nature is return or gift, Sheng En has passed the "Declaration" and "State Description" 》Given the equity of Anqian Energy Development Corporation to Sheng Zhusheng without reservation."
After the judgment of the Guizhou Provincial High Court was issued, Sheng En's side was dissatisfied with the judgment, and Zhang Wen also appealed to the Supreme People's Court, which was against The legal facts of Sheng Zhusheng owning two companies were confirmed.
The sister-in-law said that her brother was doing real things in front of hundreds of millions of assets
Sheng Zhusheng once publicly stated that important evidence of the judgment of the Guizhou Provincial High Court and Sheng En's notarized "Statement" It is true and effective. I am the actual investor of Anqian Energy Development Co., Ltd. and Anqian Real Estate Development Co., Ltd.
Zhang Wen believes that Sheng En only gave Sheng Zhusheng the identity of the name of shareholder , hoping that Sheng Zhusheng can hold shares on behalf of others. Sheng Zhusheng took advantage of his brother's trust in him. His brother hopes that he will complete the restructuring and name change procedures on behalf of others, and he wants to act in a play. Unexpectedly, after the name was changed, Sheng Zhusheng forgot about family affection in the face of the company's assets of over 100 million yuan and made a real fake drama. "
Zhang Wen recalled to reporters that when the above two companies were preparing to change their names in 2007, Sheng En considered his identity as a Hong Kong resident. If he directly registered himself as a shareholder of the two companies, the procedures would be very cumbersome. In order to simplify the procedures, It was only then that he wanted to transfer Sheng Zhusheng to hold shares of the two companies on behalf of the above-mentioned companies, and used Sheng Zhusheng as the nominal shareholder to register the industry and commercial business.
Regarding the reporter's question "Whether the two brothers Sheng En signed the holding agreement at that time", Zhang Wen said helplessly, “If I had signed any such written things at that time, the lawsuit would not have been so difficult. It was because Sheng En trusted his younger brother too much at that time. "
Sheng Zhusheng once stated that Anqian Energy Development Corporation is not a national-owned enterprise, but a private enterprise that was established by itself. When the affiliation relationship was terminated in 1998, Sheng En only signed the relevant agreement, and the two companies did not Therefore, it belongs to Sheng En.
According to Guiyang real estate practitioners, the total value of the two properties in Guiyang Taiwan Building and Sheng'an Hotel is currently at least more than 500 million yuan.
A notarized "Statement" has allowed the 500 million yuan real estate to be made The ownership became Rashomon.
enterprise restructuring application materials were accused of forgery
In May 2007, with the help of Sheng En's notarized "Statement" issued by Sheng En, the relevant restructuring procedures of Sheng Zhusheng's company were quickly successfully handled.
Since 2014 Until now, Zhang Wen has tried to protect his rights and interests through judicial channels. In this process, Zhang Wen found that Sheng Zhusheng had obvious mistakes in the relevant restructuring application materials submitted by May 2007.
The reporter obtained two enterprise restructuring applications with the "Special seal for information inquiry of the Economic Information Center of Guizhou Provincial Administration for Industry and Commerce", namely Guizhou Anqianengzi Development Co., Ltd. and Guizhou Anqian Real Estate Development Co., Ltd. The application materials for the restructuring application, one of the documents entitled "Approval on the Reform of Guizhou Anqian Energy Development Corporation and its subordinate Guizhou Anqian Housing Development Company and Ximending Mall of Guizhou Taiwan Building, Guizhou, and its inventory and asset assessment results" . Among the relevant restructuring materials, the "Guizhou Industrial and Commercial Enterprise Federation", as the former supervisory unit of the above three companies, agreed to the restructuring application and the asset appraisal results of the intermediary agency, and required the enterprises to go to the Industrial and Commercial Bureau to handle the restructuring and change procedures.
reporter found that this approval document not only does not have the seal of the relevant approval unit, but also the signature unit "Guizhou Industrial and Commercial Enterprise Federation" is also a fictitious institution. Zhang Wen believes that the former Guizhou Provincial Administration for Industry and Commerce, which approved the restructuring of the above two companies, should not agree to this restructuring application with obvious factual errors.
Yesterday, the reporter contacted Sheng Zhusheng by phone to verify the donation company statement made by Sheng En, Zhang Wen's questioning of the fraud of the two companies' restructuring applications. However, after hearing the reporter's related questions, Sheng Zhusheng said that he "will not accept the interview." Then hung up the phone.
Zhang Wen is currently working hard on many sides, hoping to get back the two companies that belong to her deceased husband. My younger brother Sheng Zhusheng is also running around in many ways, hoping to bypass the hurdle that the legal representative of Sheng'an Real Estate Company is still the elder brother Sheng En, obtain construction approval from relevant departments, and continue to build the Taiwan Building.
At present, both sides are in trouble.
reporters found that the owners of Taiwan Building were already tired of the dispute between the two brothers of Sheng. The owners' wish is to get away from this building that has not been completed for 23 years as soon as possible.
Chongqing Morning Post·Upstream News Reporter Shen Du Send from Guiyang, Guizhou
