Zhejiang Province A city B company land transfer case。Involving judicial land auction, departmental cooperation, division transfer, notice registration transfer and so on。

Company B2009年4Acquired a state-owned construction land use right, area70亩。The contract stipulates that2009年10月30Due to the company's own reasons, the plot has not yet begun construction, and has been repeatedly seized by the judiciary。2017年11The land was put up for judicial auction in October。Given the large size of the plot，The actual situation that the city obtains land through the secondary market is generally small，Natural resources, courts, town governments and other units in advance service，Linkage and cooperation，Explore the feasibility of land parcel division，The natural resources planning department determined the conditions of the divided lot in advance，Facilitate the successful auction and effective use of the land。Under government guidance,2017年11月1日ACompany through judicial auction to the total land price2185To obtain the land use right, and register for the real estate title certificate。After the division of the lot, notice registration transfer, in order to obtain the land premium3%The deed tax, respectively transferred toB公司、C公司、D公司、E公司、F公司5Family unit。5With the notice registration certificate issued by the Department of natural resources, the family unit smoothly goes through the pre-start procedures such as the construction permit of the construction project。So far, the6The site has all started construction, among which3Have reached25%Investment, is applying for formal transfer registration。

The land utilization has the following highlights: First, it solves the mismatch between the judicial auction of bulk land and the actual land use demand。Local is a small home appliance manufacturing base, mostly for traditional small and medium-sized enterprises, land demand is mostly in10About mu, enterprises for the judicial auction of bulk land demand is small, and there is no economic strength to develop。The judicial auction must be conducted in accordance with the provisions of the transfer contract or the real estate title certificate。Therefore, the departments docking, planning the layout in advance, and exploring the land division plan。

The second is to realize the linkage between government departments and judicial organs。The judicial organs inform the relevant government departments in advance of the information concerning the judicial disposal of land and incorporate it into the management of the secondary market of state-owned land. The natural resources department has drawn up a plan for the division of lots according to the market demand. After the local government implements the intended units, the judicial organs then implement the auction, fully reflecting the linkage between the government and the court。

Third, according to the relevant provisions of land registration, the division of land parcel must have the opinion of the natural resources planning department。In this case, the natural resources planning department intervened in advance, divided the plot division plan and determined the lot conditions after the division, which facilitated the transaction。

The fourth is to make full use of the land secondary market policy, allowing the industrial land that does not meet the total development investment requirements to be pre-transferred through the form of notice registration;The transfer procedure shall be handled after the pre-transferee starts construction and the investment meets the legal conditions。

Fifth, the measure solves the land needs of small and medium-sized enterprises, effectively revitalizes the stock of construction land, and fully promotes the economical and intensive use of land。