What should the original owner do if Zhongkun Square in Dazhong Temple is converted into an office building?

Zhongkun Group announced in the second half of last year that its commercial project, Zhongkun Square in Beijing Dazhong Temple, was converted into an office building, which was later resisted by the small project owners. This morning, nearly 100 small business owners of Zhongkun Square in Dazhong Temple gathered at the entrance of Zhongkun Square to defend their rights to Zhongkun Group and protest that Zhongkun Group unilaterally changed the nature of the shops it purchased into office buildings.

At the scene, nearly 100 small business owners of Zhongkun Square in Dazhong Temple put up banners at the entrance of Carrefour in Zhongkun Square in Dazhong Temple, such as "Unable to help Huang Zhongkun's anger wave, return my hard-earned money to small business owners" and "Zhongkun's private decoration is illegal, and Huang Nubo stops infringing", denouncing Zhongkun Real Estate. Subsequently, the owners moved to the headquarters of Zhongkun Group in Xizhimen, Beijing, and once again conducted on-site rights protection. After Zhongkun refused to communicate with the owner, the owner immediately left Zhongkun Building.

According to Netease Finance, there are 72 owners in Zhongkun Square of Beijing Dazhong Temple who participate in rights protection. According to the on-site owner, in 2006, Beijing Zhongkun Changye Real Estate Development Co., Ltd. (hereinafter referred to as Zhongkun Changye Company), a subsidiary of Zhongkun Real Estate, developed the Zhongkun Square project of Dazhong Temple and sold some property rights. At the same time, Zhongkun's Dazhongsi Commercial Co., Ltd. rents back the sold units. Zhongkun promises that buyers can get no less than 8% rental return every year. In addition, Beijing Zhongkun Investment Group Co., Ltd., a subsidiary of Zhongkun Real Estate Co., Ltd., also provides mortgage guarantee for rent payment after sale and leaseback with its own property, and provides joint guarantee. According to small business owners, under the promise of high returns and joint guarantee, many business owners bought shops under construction at a price of 40,000-50,000 yuan per square meter in 2007-2008.

After paying the rent normally for six years, the Zhongkun Square project in Dazhong Temple took a turn for the better last year. Zhongkun decided to change the Zhongkun Plaza project from the previous commercial plaza project to an office building. Although it was collectively resisted by small owners, Zhongkun insisted on changing the project because Zhongkun held most of the property rights of the project.

However, on July 24 this year, Dazhong Temple Commercial Co., Ltd., a subsidiary of Zhongkun, issued a letter to all small business owners about the current situation of Zhongkun Plaza project in Dazhong Temple and the change of contract payment method. In this notice, Zhongkun unilaterally announced that he would temporarily stop paying rent to small business owners. "In order to cooperate with the upgrading of the project, most of Zhongkun Square in Dazhong Temple has been closed, and our company will adjust the payment method of rent in July 20 14. After the overall renovation of the project is completed, we will pay you the rent for this period in one lump sum and pay the corresponding liquidated damages in accordance with Article 7.2 of the Entrusted Operation Contract ". According to the entrustment contract signed between Zhongkun and the owner obtained by Netease Finance, Article 7.2 reads: "If Party A fails to pay the rent to Party B on time without justifiable reasons, Party A shall pay Party B a penalty of two ten thousandths of the overdue rent per day from the day after the expiration of the rental payable period agreed in this contract to the date when the rent payable is actually paid."

In this regard, the owners who are dissatisfied with the changes in the business format are finally unbearable, and this rights protection incident broke out without communication. The owner's attorney told Netease Finance that the projects of Zhongkun Real Estate and its affiliated companies are now privately transforming the property format, privately transforming shops into office buildings, and demolishing public decoration and facilities without the owner's consent, which seriously infringes on the owner's property rights and interests, and even violates the corresponding contract by stopping paying rent.

According to Netease Finance, Zhongkun Plaza Project in Dazhong Temple is the only commercial real estate project of shopping plaza type operated by Zhongkun Group at present, although the project started as early as the end of 2004. However, in the process of construction, Zhongkun Group's positioning of the whole project has been vacillating. At first, the name of the project was "Dazhongsi Modern Logistics Port", and later it was renamed "Dazhongsi Modern Mall". During the period, there were rumors that Zhongguancun became an electronic distribution center.

At the same time, the opening hours of the square have been postponed again and again. According to Zhongkun's plan, the project is expected to be completed in 2006. The lease period is from June 5438, 2007 to October, 2007, and will be settled at the end of 2007. Surprisingly, however, the square was not opened in 2007. In the following four years, the construction progress of Zhongkun was delayed for various reasons, and it was not until 20 10 that the square was officially opened.

However, the disputes and incidents surrounding the commercial projects of Zhongkun Group have never ended. 20 12 zhongkun group and yuanda group finally went to court because of the air conditioning system dispute in zhongkun square of Dazhong temple. According to Netease Finance, the two parties signed a cooperation agreement on February 9, 2007. The two sides agreed that the total investment of air conditioning system is 65.438+0.3 billion yuan, and the down payment of computer room system is 9 million yuan, that is, 65.438+0.39 billion yuan. Zhongkun Group will replace the office area of "Dazhong Temple Modern Mall" (Zhongkun Square in Dazhong Temple) with equivalent value.

In addition, since the opening of Zhongkun Square in Dazhong Temple, reports about the vacancy rate of the project approaching half are often seen in newspapers. According to media reports, one year after Zhongkun Plaza officially opened to the outside world, except for Block B, which was rented by the top 100 furniture flagship stores, the opening rate of the other three shopping malls was only about 30%, and the overall opening rate of the shopping malls was less than 50%. In June 5438+10, three years after entering Zhongkun Square, the "hQ Fair" under Wangfujing Department Store announced its withdrawal.

In the Letter on the Current Situation of Zhongkun Square Project in Dazhongsi and Changing the Payment Method of the Contract sent by Dazhongsi Commercial Co., Ltd. to the owner, Zhongkun first disclosed the current predicament of Zhongkun Square in Dazhongsi: "In the past two years, due to the constant impact of e-commerce, the traditional commercial format has been completely frustrated, and many merchants in Zhongkun Square Project have been unable to continue to support and have withdrawn their rents. The rental rate and rent collection rate of this project have dropped rapidly, which leads to the extremely tight income of the project, and the policy cannot be guaranteed by the project itself. Coupled with the continuous tightening of macro-control policies in the real estate industry, financing channels have been greatly restricted, making the financial burden of the project increasingly heavy, and the rental income of traditional commercial formats can no longer bear the operation of the project. "

Regarding owners' rights protection, according to Netease Finance, it is not the first time that the owners of shops in Zhongkun Square in Dazhong Temple have demonstrated. In the middle of 20 13, Dazhong Temple Commercial Co., Ltd. began to verbally inform small and medium-sized owners that they were going to carry out office building renovation due to poor management, but they gave up because of strong opposition from the owners. In August this year, just like this time, the owners gathered at the entrance of Zhongkun Square in Dazhong Temple to defend their rights, but in the end, with the intervention of Haidian District Government, they failed again.

Netease Finance has called Zhongkun Group and Huang Nubo himself to defend the rights of the merchants. The former told Netease Finance that the Zhongkun Plaza project is currently undergoing transformation and will experience various tests and difficulties in the process. "We firmly believe that only transformation can regenerate, we have the confidence and determination to overcome this difficulty, and we are full of confidence in the sustainable development and prospects of Zhongkun Square in Dazhong Temple". The latter's phone has been unanswered.