63: Come on, explain where the bank loans went

The questions, of course, were not asked casually, and the arguments were not for nothing.

Given the current situation of Starlight Real Estate Company, it is very difficult to determine who the boss is.

This is because the alleged changes in their shareholders have never been registered!

You can find information about any entity on the National Enterprise Credit Information Publicity System, but the prerequisite is that the company has submitted it.

If the company hasn't submitted it, then the information above might be outdated.

And now, the information Zhou Yun found on it was that Starlight Company's legal representative and shareholders had changed multiple times over the past few years.

What can be found now is that this company currently has only one shareholder, and after Zhou Yun's inquiry, it was discovered that this shareholder is an elderly person over seventy years old.

Therefore, Zhou Yun had not previously added shareholders from the perspective of “piercing the corporate veil.”

With the new “Company Law” and the new judicial interpretation on compulsory enforcement, Zhou Yun has a certain degree of confidence that he can involve the shareholders, but if the shareholder himself has issues, then it's hard to say.

For this reason, Zhou Yun had to find a way to force the boss out!

As for whether this boss is the actual controller, that is not his problem.

If the other party admits it, it can be used as evidence for reporting a case.

Recording, in civil matters, is naturally more casual; even if it's secretly recorded, whether it will be admitted is debatable.

However, in criminal cases, it will definitely not be admitted.

Zhou Yun did so much; his goal was certainly not just to simply get money.

Or rather, if you only want money, you ultimately won't get any, but if you think more broadly, then it's possible to get money in the end.

The Broken Windows Theory is never outdated.

Next up is the administrative lawsuit!

There's no need to rush with the Bank; Director Fang has called several times recently, but Zhou Yun deliberately didn't answer.

No rush, he's not in a hurry at all; now the other party is in a hurry.

It's still the same saying: the more anxious the other party is, the more it shows that his path is correct, and although progress may be slow, at least he is on the right track.

Meanwhile, in the upstairs conference room, Meng Guoliang's face was very, very grim.

He used to be the one who played tough and fought others, but he didn't expect to be threatened this time, and the key was that the person was actually a Lawyer!

A Lawyer, shouldn't he be talking about “law” all the time? But he actually wants to risk his life!

And he really didn't dare to make a move, because he felt that the young Lawyer opposite him wasn't just talking nonsense; he truly wasn't afraid of death.

It's one thing to make money; people die for wealth, birds die for food. But the other party didn't take a single penny and engaged in contingency fee work, which really left him speechless.

However, the most important thing now is to discuss it with his elder brother.

On the other side of Linwu City, Mi Jingming's face looked a bit grim as he listened to the voice coming from his phone.

“So, all these things were caused by that Lawyer named Zhou Yun? What was he thinking?”

Meng Guoliang said helplessly, “Brother, I don’t know what he’s thinking. He’s just like he’s sick, always wanting to risk his life with me at every turn.”

“There’s nothing I can do…”

Mi Jingming also sighed upon hearing this. If it were an ordinary person, he would either drag it out or find someone to scare them.

But for someone like Zhou Yun, he really had no solution.

He couldn't drag it out; the other party was proficient in law and could steadily advance those procedures on his own.

As for finding someone to scare him, there's no need to mention it; he's like a madman who wants to risk his life with people.

He's the boss now, so he can't possibly kill someone over such a trivial matter.

Moreover, this person has such a great reputation; if he were to die in Linwu City, one could imagine what the situation would be like—the provincial department would even send people to investigate.

“Forget it, if there’s no way, then there’s no way. Just let it be.” Mi Jingming said directly, “You don’t need to worry about it.”

After hanging up the phone, Mi Jingming did not make any more calls, mainly because he didn't know what that Lawyer was trying to do now.

If the details of the supervised funds were obtained, then so be it; it didn't matter anymore.

As time slowly passed, the Linwu City Housing and Urban-Rural Development Bureau, unable to get a response from the developer, could only respond to the lawsuit.

To win this lawsuit, they had to produce all the details of the supervised funds, because they had to prove that they had fulfilled their supervisory duties.

Finally, the case reached its trial date.

In the Yunshan County Court, Zhou Yun had already seated himself in the courtroom early, quietly reviewing the various materials in his hand.

After a short wait, he saw a man and a woman enter and take their seats at the defendant's table.

It seems these are today's opponents, and he wonders about their skill level.

At the defendant's table, Zheng Rongxuan, a 40-year-old Public Service Lawyer, had a very serious expression.

Public Service Lawyer, this is a type of Lawyer that ordinary people rarely encounter but whose numbers are quite large.

As the name suggests, a Public Service Lawyer is a government lawyer established by a state administrative agency, an official civil servant within their own agency or unit.

Generally, public servants take the certification exam themselves, and then, depending on the nature of their unit, they transition to become Public Service Lawyers.

This type of Lawyer is generally very strong in the professional field of their unit. For example, Public Service Lawyers in the Public Security Bureau are usually in the Legal Affairs Section and will appear in Court to respond to administrative lawsuits, being very adept at administrative lawsuits related to the Public Security Bureau.

The Housing and Urban-Rural Development Bureau naturally also has its own Public Service Lawyers, because such units are relatively likely to encounter administrative lawsuits.

Zheng Rongxuan had been a Public Service Lawyer for many years, and he naturally did not want to lose this case.

Therefore, after obtaining his leader's approval, he prepared a lot of evidence, especially making the details of the funds used in the supervised account very complete.

He had also heard about the young Lawyer opposite him; he had a very high legal standard, but most importantly, he was different from ordinary Lawyers, often getting involved in problems that generally could not be resolved through legal channels.

Moreover, when Lawyers handle cases, if there's a possibility of encountering relevant pressure or danger, they generally won't take them on.

Because for everyone, the legal profession is just a way to make a living; ordinary people seek stability, and Lawyers also seek stability.

But this Lawyer seems to be completely fearless... truly strange.

As he thought this, the collegial panel for this trial had already entered, and accompanied by the Clerk's voice, the trial officially began.

First, both sides made their statements.

Zhou Yun, as the plaintiff's representative Lawyer, began first.

“Therefore, our party believes that the defendant has committed illegal acts by not fulfilling its statutory duties in supervising pre-sale housing funds, for the following reasons:”

“Firstly, among the seven individuals for whom our party filed a lawsuit, only two had their pre-sale funds deposited into the supervised account, while the pre-sale funds of the remaining five did not enter the supervised account at all.”

“However, despite the absence of pre-sale fund deposit vouchers as a basis, the defendant still processed the contractRecord keeping, failing to fully fulfill its supervisory duties over the pre-sale fund supervised account.”

“Secondly, the Purple Royal Half-Mountain project housing purchased by our seven clients had all five certificates, yet it has been unfinished for over two years now…”

Zhou Yun's two reasons were not very difficult: one was that the contract filing and the money entering the supervised account did not match, and the other was that the building was now unfinished, and theoretically, the money in the supervised account should be enough to complete the construction.

The fact that it couldn't be completed now indicated that they hadn't supervised it properly.

The second reason isn't really a reason; the causal relationship isn't that strong, but with the first point, it can be brought up as an incidental point to make the other party prove their innocence.

This is administrative litigation; you can say it's useless in most cases, but in a small number of cases, it's still somewhat useful.

Zheng Rongxuan immediately began his defense.

“Firstly, our party is only responsible for supervising pre-sale funds deposited into the supervised account. As for pre-sale funds that did not enter the supervised account at all, we cannot supervise them, and contract filing is irrelevant to this.”

“Then, Starlight Real Estate Company’s multiple applications for the use of pre-sale funds all complied with regulations, so our party’s disbursement of pre-sale funds according to regulations had no issues whatsoever.”

“Therefore, supervisory duties have been fulfilled.”

Zheng Rongxuan is also a professional Lawyer, so he clearly understands that he cannot be led by the nose by the other party.

For this reason, he started from another line of reasoning, which is to say that I am responsible for supervising the use of money within the supervised account, and as for the money that didn't come in, I cannot manage it.

Then, he prepared a large amount of evidence to prove that all those multiple applications for use had corresponding materials and applications, fully complying with regulations, and therefore, there were no issues whatsoever.

This is certainly fine; at least the materials and everything are very complete, and according to regulations, it can be approved.

As for why the building wasn't constructed after the money was approved, that has nothing to do with our unit. In short, we are not responsible.

Listening to Zheng Rongxuan's defense, Zhou Yun smiled. After all that effort, doing this and that, he just wanted to hear this kind of defense.

If the other party truly didn't want to win the lawsuit and simply gave up, then Zhou Yun would have no choice but to painstakingly debate with them about what exactly constitutes a trade secret.

However, given the current situation of administrative agencies, they cannot give up.

Soon it was the evidence presentation and cross-examination stage, and Zhou Yun finally saw the mysterious supervised account details for the first time!

Or rather, this cannot be called “details”; it was just recorded in the Housing and Urban-Rural Development Bureau system: when the developer submitted a withdrawal application for what reason, to which account the funds were transferred, who the owner of that account was, and so on.

Zhou Yun quickly scanned it; there were a total of six such withdrawal applications, and each one was approved after review.

However, with his experience, he quickly spotted the problem.

There are only a few ways to play with pre-sale funds; he played with them a lot in his previous life... ahem, he saw a lot of them in his previous life.

So Zhou Yun quickly cross-examined this evidence: “We acknowledge the authenticity and legality of this evidence, but we do not acknowledge its relevance.”

“Firstly, this evidence only contains the developer’s withdrawal records and application materials, but it does not include the loan entry records after our clients applied for loans!”

Yes, this is one way of playing, a concerted effort between some people at the developer's Bank and the supervisory side: the down payment comes in, and the loan is transferred to other accounts of the developer.

After all, for many houses, the down payment isn't much; the larger part is the loan!

Alright, homeowners, due to their lack of understanding, paid to other developer accounts. But what about the Bank? The Bank didn't even transfer the loans. As professional supervisors, didn't you know?

Two people's loans are one thing, but what about everyone else's loans?

Now, it depends on the relationship between the Housing and Urban-Rural Development Bureau and the Bank. One misstep, and the Bank could be in serious trouble.

Zhou Yun's target was the Bank and the developer, because the Housing and Urban-Rural Development Bureau, as an administrative agency, cannot compensate for losses, but the Bank and the developer's actual controller definitely have money!