Civil judgement no. 577/2020/DS-PT dated october 29, 2020 regarding dispute about claim on house; request for declaring that notarized documents are null and void; dispute over rights to own house and use residential land; and dispute over the agreement on sale and purchase of house and transfer of rights to use residential land

HIGH PEOPLE’S COURT OF HO CHI MINH CITY

CIVIL JUDGEMENT NO. 577/2020/DS-PT DATED OCTOBER 29, 2020 REGARDING DISPUTE ABOUT CLAIM ON HOUSE; REQUEST FOR DECLARING THAT NOTARIZED DOCUMENTS ARE NULL AND VOID; DISPUTE OVER RIGHTS TO OWN HOUSE AND USE RESIDENTIAL LAND; AND DISPUTE OVER THE AGREEMENT ON SALE AND PURCHASE OF HOUSE AND TRANSFER OF RIGHTS TO USE RESIDENTIAL LAND

On October 29, 2021, at the headquarter of the High People’s Court of Ho Chi Minh City, the appellate trial of the case No. 187/2020/TLPT-DS entertained on March 12, 2020, regarding the dispute about claim on house; the request for declaring that notarized documents are null and void; the dispute over rights to own house and use residential land; and the dispute over the agreement on sale and purchase of house and transfer of rights to use residential land.

Owing to the fact that the preliminary ruling No. 1917/2019/DSST dated December 19, 2019 of the People’s Court of Ho Chi Minh city is appealed. 

According to the Decision to bring the case to the appellate trial No. 3725/2020/QĐPT-DS dated October 6, 2020 between litigants:

- Plaintiff: Mr. Nguyen Huu ND, born in 1961 (absent);

Address: No. 9/28A, Nguyen Thi H street, ward 8, district P, Ho Chi Minh city.

Mr. D’s authorized representative: Mrs. Nguyen Thi A, born in 1968 (present)

Address: No. 7/2, residential quarter No. 24, ward B, city H, Dong Nai province. (According to the Letter of Authorization dated October 30, 2017)

- Defendant:

1. Mr. Vo Linh BĐ1, born in 1941 (absent);

2. Mrs. Nguyen Thi BD2, born in 1948 (absent);

Living at the same address: No. 222, Vo Van Kiet K (previously No. 156, Ben Chuong D street), ward L, district 1, Ho Chi Minh city.

And the same contact address: 59C, Ho Hao H street, ward G, district 1, Ho Chi Minh city.

Authorized representative of Mr. BD1 and Mrs. BD2: Mr. Nguyen Cong B, born in 1997 (present):

Contact address: No. 53 - 54, street 41, ward 6, district 1, Ho Chi Minh city.

Person protecting the plaintiff’s legitimate rights and interests: Attorney Nguyen Huu T, working for Du Nien Legal Co., Ltd. - a member of Bar Association of Ho Chi Minh city (present);

Address: No. 48, street N, Phuoc Long A ward, district 9, Ho Chi Minh city.

- Persons with associated rights and obligations:

1. Mr. Thai Quang M (THAI M QUANG), born in 1946 (absent);

Address: No. 4818, West Oakfield Ave, Santa Ana, California 92703 - USA.

2. Mrs. Thai Thi Thu A1 (THU A1 THI THAI), born in 1945 (absent);

Address: No. 12022 Nelson St, Garden Grove, California 92840 – USA.

3. Mr. Thai Quang D (THAI D QUANG), born in 1942 (absent);

Address: 20155 Via Galileo, Northridge, California 91326 - USA.

4. Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), born in 1950 (absent);

Address: No. 12022 Nelson St, Garden Grove, California 92840 – USA.

Authorized representative of Mr. M, Mrs. A1, Mr. D and Mrs. T1 is Mr. Ho VanT2, born in 1969 (present)

Address: No. 274, Vo Van K street, ward 1, district 1, Ho Chi Minh city.

5. Mr. Vo Nguyen V, born in 1968 (absent);

6. Mrs. Tran Thi Ngoc M, born in 1974 (absent);

7. Mrs. Vo Thi Kim Ng, born in 1999 (absent);

8. The child Vo Tran Thuc N, born in 2005;

The child N’s legal representatives are Mr. Vo Nguyen V, born in 1968 and Mrs. Tran Thi Ngoc M, born in 1974 (absent);

9. Mrs. Vo Nguyen Kim T2, born in 1977 (absent);

10. Mrs. Vo Nguyen Kim T3, born in 1982 (absent);

11. The child Vu Anh K1, born in 2007;

12. The child Vu Ha M1 (M1), born in 2011;

The child K1’s and the child M1’s legal representative is Mrs. Vo Nguyen Kim T2, born in 1977 (absent);

13. The child Pham Anh K2, born in 2011;

14. The child Pham Anh K3, born in 2014;

The child K2’s and the child K3’s legal representative is Mrs. Vo Nguyen Kim T3, born in 1982 (absent);

15. Mr. Le Duc T4, born in 1998 (absent);

16. Mrs. Vo Nguyen Kim T5, born in 1973 (absent);

17. The child Le Kim T6, born in 2003;

The child T6’s legal representative is Mrs. Vo Nguyen Kim T5, born in 1973 (absent);

Living at the same address: No. 222, Vo Van K street (previously No. 156, Ben Chuong D street), ward L, district 1, Ho Chi Minh city.

And the same contact address: 59C, Ho Hao H street, ward G, district 1, Ho Chi Minh city.

18. Notary Office Hoang Xuan H1;

Legal representative: Mr. Hoang Xuan H1 – Title: Head (submitted his absence request);

Address: No. 187 - 189, street N, ward 8, district 5, Ho Chi Minh city.

19. Notary office B;

Address: No. 164, Xo Viet Nghe Tinh street, ward 21, district B, Ho Chi Minh city.

Legal representative: Mr. Tran Anh T7 – Title: Head (absent);

Authorized representative: Mrs. Truong Ly T8 (submitted her absence request).

- Appellant: Defendants are Mr. BD1 and Mrs. BD2.

CASE DETAILS

According to the petition to sue dated August 7, 2017, the supplementary petition to sue dated June 8, 2018, and during the litigation process, the legal representative, Mrs. Nguyen Thi A, of the plaintiff, Mr. Pham Huu ND, stated that: 

The real property in dispute located at No. 222, Vo Van K (previously No. 156, Ben Chuong D), ward L, district 1, Ho Chi Minh city was originally the property of Mr. Thai Quang Doa and Mrs. Vo Thi Nhon bought from Mrs. Le Thi Don in 1969 at Sai Gon Notary Office and initially registered on July 11, 1969. Mr. Doa and Mrs. Nhon died intestate in 1979 and 1997, respectively.

On September 6, 2014, Mr. Doa and Mrs. Nhon's children, including Mr. Thai Quang M (THAI M QUANG) and Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG) and Mrs. Thai Thi Thu A1 (THU A1 THI THAI), have carried out the procedures to claim their inheritance of this house at Notary Office B according to the document regarding inheritance claim No. 11752, book No. 9. Then they signed the house sale and purchase contract bearing the notary number 02584 on April 13, 2017 at the Notary Office Hoang Xuan H1 and transferred the above real property to Mr. Pham Huu ND. The transfer rate was 8,000,000,000 dong. Mr. ND paid the seller in full. The seller delivered documents evidencing ownership of the house to the buyer, but not transfer the house yet. After buying the house, Mr. ND submitted an application for a Certificate of Ownership and paid the registration tax in full according to regulations. However, when Mr. Doa died, his wife, Mrs. Nhon and all of their children, moved to the US to settle down there. As the house was empty, it was leased out without rent to Mr. BD1 and Mrs. BD2 from 1979 until now. When buying a house, Mr. ND had an agreement with the seller on the waiting period of 3 months during which Mr. BD1's family had to move out and return the house to Mr. ND. However, upon expiry of the period, Mr. BD1 and Mrs. BD2 did not fulfilled their promise. Due to that fact, the plaintiff sues to petition the Court to:

- Recognize the house purchase and sale contract No. 02584 made on April 13, 2017 at the Notary Office Hoang Xuan H1 for the real property No. 222 Vo Van K (previously 156 Ben Chuong D), ward L, district 1, Ho Chi Minh city between the seller, Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG), Mrs. Thai Thi Thu A1 (THU A1 THI THAI), and the buyer Mr. Pham Huu ND, is legitimate.

- Grant the plaintiff the right to own and use the real property No. 222 Vo Van K (previously, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City.

- Compel the seller, including Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG), Mrs. Thai Thi Thu A1 (THU A1 THI THAI), to fulfill the obligation to hand over the house; and compel tenants, Mr. BD1 and Mrs. BD2 and their children, who are residing in the house to have the obligation to hand over the house to the plaintiff.

In the lawsuit filed on August 15, 2017, and the supplementary lawsuit filed on January 10, 2018, Mr. Vo Linh BD1 and Mrs. Nguyen Thi BD2 filed a lawsuit to request the declaration that the notarized document is invalid while their authorized representative made the statements during the court proceedings as follows:

The family of Mr. BD1 and Mrs. BD2, and Mr. BD1's mother - Mrs. Nguyen Thi Than (died in 1983), have been direct and stable users of the house number 222 Vo Van K (previously, 156 Ben Chuong D), ward L, district 1 , Ho Chi Minh city from 1980 to present, based on the conveyance made on July 5, 1979 by Mr. Thai Quang Doa and Mrs. Vo Thi Nhon.

By declaring the claim on inheritance and selling the house number 222 Vo Van K (previously, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City, there are good grounds listed hereunder to affirm that Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG) and Mrs. Thai Thi Thu A1 (THU A1 THI THAI ) were acting in breach of law and social ethics:

- Mrs. Vo Thi Nhon had transfered the ownership of this house to the defendant before Mrs. Nhon and her whole family fled abroad in 1979. Since Mrs. Nhon and her family fled abroad in 1979, they officially gave up the house ownership and transfer the house ownership to Mrs. Nguyen Thi Than (Mrs. Nhon's biological mother) and the family of Mr. BD1 and Mrs. BD2.

- The defendants have been directly, stably and continuously using the house number 222 Vo Van K (previously, 156 Ben Chuong D), ward L, District 1, Ho Chi Minh City from 1979 till now without any dispute or complaint. During 37 years of living in the house, the defendant registered and carried out all rights and obligations towards the State as the owner of the house and the user of residential land.

- During the past 37 years, Mrs. Nhon and her children who have settled abroad (as foreign citizens) have never returned to occupy and use them and they have never had any dispute over home ownership with the defendant's family.

- Pursuant to law, from 1979 (when Mrs. Nhon fled abroad) to the year of Mrs. Nhon's death (in 1997), because Mrs. Nhon was not legally entitled to house ownership or residential land use rights in Vietnam, thus not reserving house ownership and residential land use rights to the house number 222 Vo Van K (previously, 156 Ben Chuong D), ward L, District 1, Ho Chi Minh City, the house attached to the land is not the inheritance of Mrs. Nhon and Mr. Doa. Therefore, the children of Mr. Doa and Mrs. Nhon neither have the right to inherit this property, nor the right to sell the house.

The Notary's notarization of the Housing Sale Contract (for the whole property) No. 02584, book No. 04-TP/CC - SCC/HDGD is illegal, thus affecting the defendant’s rights and interests because of grounds that the house number 222 Vo Van K (previously, 156 Ben Chuong D), ward L, District 1, Ho Chi Minh City is not eligible to buy and sell for the following reasons: The persons signing away this house have not yet been granted the certificate of house ownership according to the provisions of current law. Therefore, the defendant requests the Court to declare that:

- The inheritance declaration bearing the notary number 11752, book 9 certified by the Notary Office B on September 6, 2014 is completely invalid.

- House sale and purchase contract (Complete) No. 02584, book No. 04-TP/CC - SCC/HDGD certified by the Notary Office Hoang Xuan Hoan dated April 13, 2017 is completely invalid.

On January 10, 2018, Mr. Vo Linh BD1 and Mrs. Nguyen Thi BD2 filed a counterclaim to request the recognition of their house ownership and residential land use rights for the house number 222 Vo Van K (previously, 156 Ben Chuong D), ward L, District 1, Ho Chi Minh City on the same grounds stated above by their authorized representatives.

Persons with associated rights and obligations - Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG), Mrs. Thai Thi Thu A1 (THU A1 THI THAI THAI) - whose authorized representative, Mr. Ho Van T2, represented that:

Nod his agreemet on the plaintiff's opinion on the origin of house number 222 Vo Van K (previously, 156 Ben Chuong D), ward L, District 1, Ho Chi Minh City and the process of declaration of inheritance and transfer of the house and land to Mr. Pham Huu ND.

Before selling the house, Mr. Thai Quang M returned to Vietnam many times to meet Mr. BD1's family and his children to discuss the sale of the house, demanded that they had to move out and returned the house to his siblings and orally informed that the house had been sold to Mr. ND, and allowed Mr. BD1 and Mrs. BD2 a resettlement period of 3 months to move out and return the house for transfer to Mr. ND. Because his siblings personally agreed with Mr. ND on the deadline for transfer of the house which was when the buyer paid in full, the property should have been transfered on the grounds that, at that time, his siblings confirmed that they have received money in full from the buyer.

Due to the aforesaid statement, Mr. Thai Quang M (THAI M QUANG) requested the Court to force Mr. BD1, Mrs. BD2 and his children to return the house to fulfill the obligation to hand over the house to Mr. ND under the house sale and purchase contract No. 02584 made on April 13, 2017. Disagree with the defendant's counterclaim regarding the grant of recognition of house ownership and land use rights to Mr. BD1 and BD2 as well as declaration that the above-mentioned notarized document is invalid.

Persons with associated rights and obligations - Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG), Mrs. Thai Thi Thu A1 (THU A1 THI THAI THAI) - whose authorized representative, Mr. Ho Van T2, unanimously agreed with the request of Mr. Thai Quang M (THAI M QUANG).

As a person with associated rights and obligations, Mr. Vo Nguyen Vinh made his statement as follows:

He is the son of Mr. BD1 and Mrs. BD2 who are living at No. 222, Vo Van Kiet K (previously No. 156, Ben Chuong D street), ward L, district 1, Ho Chi Minh city till now.

Before going abroad in 1979, his aunt and uncle, Mr. Thai Quang Doa and Mrs. Vo Thi Nhon, agreed to leave the house number 222 Vo Van K (previously, 156 Ben Chuong D), ward L, District 1, Ho Chi Minh City for his paternal grandmother Mrs. Nguyen Thi Than and his parents for use and custody. Since 1979, his paternal grandmother and all family members, including his wife and children, have lived in this house without any dispute or complaint.

Due to this fact, he resents Mr. ND’s filing his lawsuit to claim the house because of pleading that the claim to and sale of the house by Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG) and Mrs. Thai Thi Thu A1 (THU A1 THI THAI) is unethical, unreal and unlawful.

Therefore, he disagrees with the petition to sue filed by Mr. Pham Huu ND, and agrees with the counterclaim of the defendant.

Persons with associated rights and obligations, Mrs. Tran Thi Ngoc M, Mrs. Vo Nguyen Kim T3, Mrs. Vo Nguyen Kim T2, Mrs. Vo Nguyen Kim Ng, Mrs. Vo Nguyen Kim T4, all supports the request of Mr. BD1 and Mrs. BD2.

As a person with associated rights and obligations, Notary Office Hoang Xuan H1 made the following statement:

After checking the archives of the sale and purchase contract for the house located at 222 Vo Van K (previously, 156 Ben Chuong D), ward L, District 1, Ho Chi Minh City, notary number 02584 dated 13 April 2017, Notary Office Hoang Xuan H1 commented as follows: At the time of notarization of the house purchase and sale contract, the Notary Office performed the notarization work according to the prescribed order and procedures and regulations of relevant law.

On a voluntary basis, in light of the involved parties that had the capacity for civil acts as prescribed by law, and the notarization requester’s full presentation of legal documents in accordance with law, the notary public received and granted the certification of the contract mentioned above.

Because the archives clearly shown that the notarization of the contract in question was conformable to the provisions of law at the time of notarization, Notary Office Hoang Xuan H1 had no further comments. Where there is any situation that newly occurs, it is advised that the Court can issue the discretionary decision to deal with that situation.

As a person with associated rights and obligations, Notary Office B made the following statement:

Through examining the archives of the above-mentioned inheritance declaration, since Notary Office B found that the certification of this document of inheritance declaration jointly made by Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG), Mrs. Thai Thi Thu A1 (THU A1 THI THAI ), and Mr. Truong Hong Huong as a representative to declare they were the owners of the inheritance bequeathed by their parents, Mr. Thai Quang Doa (died in 1979) and Mrs. Vo Thi Nhon (died in 1997), which is the rights of ownership and use of the real property at 222 Vo Van K (previously, 156 Ben Chuong D), ward L, District 1, Ho Chi Minh City, was compliant with the provisions of relevant law, this document of declaration of that inheritance cannot be declared invalid.

- The process of initiation of legal proceedings:

On September 19, 2017, the People's Court of Ho Chi Minh City accepted the file No. 833/2017 on the case "Dispute over the house" between the plaintiff, Mr. Pham Huu ND and the defendant, Mr. Vo Linh BD1, Mrs. Nguyen Thi BD2 and a number of people with associated rights and obligations.

On October 2, 2017, the People's Court of Ho Chi Minh City accepted the file on the case "Dispute related to request for declaring that the notarized document is null and void" between the plaintiff, Mr. Vo Linh BD1 and Mrs. Nguyen Thi BD2; the defendant, Notary Office Hoang Xuan H1 and several persons having associated rights and obligations.

On May 15, 2018, the People's Court of Ho Chi Minh City issued the Decision to merge the case No. 598/QDNVA so that the final case was tried in accordance with law.

While the Court was handling the case of the dispute over the house located at 222 Vo Van K, on ​​January 3, 2019, Mr. Vo Linh BD1, Mrs. Nguyen Thi BD2 sent a notice to the People's Committee of Cau Ong Lanh Ward, District 1 to apply for permission to repair the house due to severe deterioration of the house. On January 7, 2019, Mr. Ho Van T2 as the authorized representative of Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG), and Mrs. Thai Thi Thu A1 (THU A1 THI THAI), filed a petition to the Court to apply an interim or interlocutory injunctions aimed at prohibiting any change of the status quo, the transfer of property rights, and certain acts affecting the property in dispute.

The People's Court of Ho Chi Minh City issued the Decision No. 21/2019/QD-BPBD on forcing the implementation of the security measure dated January 17, 2019, the Decision on forcing the implementation of the security measure No. 22/2019/QD - BPBD dated January 18, 2019 and the Decision on application of interim injunctions No. 23/2019/QD-BPKCTT:  Prohibiting the transfer of property rights, change in the status quo, and registration of permanent or temporary residence, lease and non-rent lease of the real property located at 222 Vo Van K (previously, 156 Ben Chuong Duong), Cau Ong Lanh Ward, District 1, Ho Chi Minh City.

According to the preliminary ruling No. 1917/2019/DSST dated December 19, 2019, the People’s Court of Ho Chi Minh city made the following decision: 

1. Accept the petition to sue of the plaintiff, Mr. Nguyen Huu ND, regarding the claim over the house, recognition of the sale and purchase contract and recognition of the rights to own and use the real property No. 222 Vo Van K (previously, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City.

2. Reject the request of Mr. BD1 and Mrs. BD2 for:

- pronouncing that the inheritance declaration bearing the notary number 11752 made on September 6, 2014 at the Notary Office B, Ho Chi Minh city is completely invalid.

- pronouncing that the house sale and purchase contract (complete) No. 02584 made at the Notary Office Hoang Xuan H1 is invalid.

- granting recognition of the right to own and use the real property No. 222 Vo Van K (previously, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City.

3. Accept the request of the person with related rights and obligations, Mr. Thai Quang M (THAI M QUANG), for  Mr. BDl and Mrs. BD2 to return the house and land at 222 Vo Van K (previously, 156 Ben Chuong D), ward L , District 1, Ho Chi Minh City for transfer of the house to Mr. Pham Huu ND.

4. Confirm that the real property No. 222 Vo Van K (previous,156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City is under the ownership of Mr. Thai Quang Doa and Mrs. Vo Thi Nhon according to the Land Certificate. No. 1883 - Saigon Thai Binh; the Compendium No. 266, Book 28, dated 11/7/1969 of Saigon Land Authority; the real property sale contract dated 20-21 June 1969 at the Saigon Notary Office with the registration tax paid on July 11, 1969.

5. Confirm Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG) and Mrs. Thai Thi Thu A1 (THU A1 THI THAI) as the heirs of Mr. Thai Quang Doa and Mrs. Vo Thi Nhon.

6. Certify that the inheritance declaration bearing the notary number 11752 made on September 6, 2014 at the Notary Office B, Ho Chi Minh city has legal effect.

7. Recognize the house purchase and sale contract (complete) No. 02584 made on April 13, 2017 at the Notary Office Hoang Xuan H1 between Mr. Pham Huu ND, as the buyer, and Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG), Mrs. Thai Thi Thu A1 (THU A1 THI THAI), as the seller, is legitimate.

8. Force Mr. Vo Linh BD1, Mrs. BD2 and Mr. Vo Nguyen V; Mrs. Tran Thi Ngoc M; Mrs. Vo Thi Kim Ng; the child Vo Tran Thuc N; Mrs. Vo Nguyen Kim T2; Mrs. Vo Nguyen Kim T3; the child Vu Anh K1; the child Vu Ha M1 (M1); the child Pham Anh K2; the child Pham Anh K3; Mr. Le Duc T4; the child Le Kim T6; Mrs. Vo Nguyen Kim T5 and all the people currently living and using the house located at 222 Vo Van K (previously, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City to return the real property at 222 Vo Van K (previously, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City to Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG) and Mrs. Thai Thi Thu A1 (THU A1 THI THAI ) so that they can fulfill their contractual obligations to hand over the above house to Mr. Pham Huu ND.

Mr. Pham Huu ND reserves the full right to own the house and use the residential land for the real estate located at 222 Vo Van K (formerly, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City under the house sale and purchase contract (complete) No. 02584 made on April 13, 2017 at Hoang Xuan H1 Notary Office, Ho Chi Minh City.

9. Remember that Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG) and Mrs. Thai Thi Thu A1 (THU A1 THI THAI) offered the voluntary support and contribution for care and protection of the real estate located at 222 Vo Van K (previously, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City which cost 1,000,000,000 (One billion) dong.

Such contribution amount must be repaid immediately after the judgement's effect commences.

From the date on which Mr. BDl and Mrs. BD2 file a petition to enforce the legally effective judgment, if Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI TAI). D QUANG), Mrs. Thai Thi Thu A1 (THU A1 THI THAI) has not yet paid the above amount, they will have to pay monthly interest on such amount at the interest rate stated in Article 357 and 468 of the 2015 Civil Code in Viet Nam which is calculated for the period of late payment at the time of payment.

10. Based on this judgment, Mr. Pham Huu ND has the right to contact the regulatory authority to apply for a certificate of house ownership and residential land use right for the real estate No. 222 Vo Van K (formerly, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City in accordance with law.

11. Continue the effect of the Decision on application of interim injunction No. 23/2019/QD-BPKCTT dated January 18, 2019 of the People's Court of Ho Chi Minh City until the judgment is completed.

12. Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG) and Mrs. Thai Thi Thu A1 (THU A1 THI THAI) with the authorized representative, Mr. Ho Van Tieng, are entitled to claim back the sum of 150,000,000 (One hundred and fifty million) dong at the Joint Stock Commercial Bank for Industry and Trade of Vietnam, Ho Chi Minh City branch in the account No. 119002682497, account-holder’s name: Ho Van Tieng, Joint Stock Commercial Bank for Industry and Trade of Vietnam which is blocked for transaction on January 17, 2019 and January 18, 2019 according to the Decision to enforce security measures No. 21/2019/QD- BPBD dated January 17, 2019 and Decision to enforce security measure No. 22/2019/QD-BPBD dated January 18, 2019 of the People's Court of Ho Chi Minh City.

In addition, the preliminary ruling made an official pronouncement on court costs, legal fees and the rights to appeal in accordance with law.

On December 30, 2019, the defendants, Mr. Vo Linh BD1 and Mrs. BD2, filed an appeal against the entire preliminary ruling.

At the appellate court:

The defendants, Mr. Vo Linh BD1 and Mrs. BD2 (who all authorized Mr. Nguyen Cong B to act as their representative), made changes in the contents of the appeal, such as appealing to the Appellate Trial Panel to request modification of the preliminary ruling and rejection of the petition to sue of the plaintiff and personal requests of persons having associated rights and obligations, including Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKJ TIFFANY T), Mr. Thai Quang D (THAI D QUANG) ), and Mrs. Thai Thi Thu A1 (THU A1 THI THAI); acceptance of the requests specified in the defendant’s counterclaim.

The person protecting the defendant's legitimate rights and interests, Lawyer Nguyen Huu T, made his statement and solicited the appellate trial panel to accept the defendant's appeal because the judgment of the first-instance court is in breach of the provisions of the Land Law 2013 in Viet Nam. As the persons with associated rights and obligations who are the children of Mr. Thai Quang Doa and Mrs. Vo Thi Nhon, have never used the disputed property, thus not satisfying the conditions for registration of the estate declaration, the document on inheritance declaration No. 11752 made on September 6, 2014 at Notary Office B, Ho Chi Minh City must be invalidated, thereby resulting in the consequence that the house purchase and sale contract (complete) No. 02584 made on April 13, 2017 at the Notary Office Hoang Xuan H1 must be invalid. In addition, establishing the inheritance of the disputed house for the children of Mr. Doa and Mrs. Nhon based on the real estate documents existing in the Old Government is wrong. Therefore, it is recommended that the Trial Panel rectify the preliminary ruling, do not accept the plaintiff's petition to sue and independent claims of persons with related interests and obligations, and accept the defendant's counterclaim.

The plaintiff, Mr. Pham Huu ND, (including Mrs. Nguyen Thi A as his authorized representative) disagreed with the defendant's appeal request and requested the preliminary ruling to be kept unchanged.

Persons with associated rights and obligations – Mr. Thái Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG), Mrs. Thai Thi Thu A1 (THU A1 THI THAI THAI) (all of them are represented by Mr. Ho Van Tieng under their authorization) unanimously disagreed with the appeal request of the defendant and requested the preliminary ruling to be upheld.

Persons with associated rights and obligations, Mr. Vo Nguyen V, Mrs. Tran Thi Ngoc M, Vo Thi Kim Ng, the child Vo Tran Thuc N (with Mr. Vo Nguyen V and Mrs. Tran Thi Ngoc M as the representative of the child N); Mrs. Vo Nguyen Kim T2, Mrs. Vo Nguyen Kim T3, the child Vu Anh K1, the child Vu Ha M1 (M1) (with Mrs. Vo Nguyen Kim T2 as the legal representative of the child Kiet and the child M1); the child Pham Anh K2, the child Pham Anh K3 (with Mrs. Vo Nguyen Kim T3 as the legal representative of the child K2 and the child K3); Mr. Le Duc T4, Mrs. Vo Nguyen Kim T5, the child Le Kim T6 (with Mrs. Vo Nguyen Kim T5 as the legal representative of the child T6), were absent without any valid reason.

When attending the court hearing, the representative of the High People’s Procuracy of Ho Chi Minh city gave the following opinions about handling the case:

Regarding the litigation process: The judge and the Appellate Trial Panel strictly observed the provisions of Civil Procedure legislation. Litigants implemented rights and obligations in accordance with law.

Regarding case contents:  At the appellate court hearing, because the defendant appealing against the judgement could not provide any other evidence to prove the appeal request, the Appellate Trial Panel should not accept the defendant's appeal and uphold the civil preliminary ruling.

COURT’S JUDGEMENTS

After studying documents available in the case file which have been examined at the court hearing and based on the litigation results at the court, the Trial Panel shall draw the following conclusions:

[1] Though the Court had valid grounds for summoning persons with associated rights and obligations for the second time, including Mr. Vo Nguyen V, Mrs. Tran Thi Ngoc M, Vo Thi Kim Ng, the child Vo Tran Thuc N (with Mr. Vo Nguyen V and Mrs. Tran Thi Ngoc M as the representative of the child N); Mrs. Vo Nguyen Kim T2, Mrs. Vo Nguyen Kim T3, the child Vu Anh K1, the child Vu Ha M1 (M1) (with Mrs. Vo Nguyen Kim T2 as the legal representative of the child Kiet and the child M1); the child Pham Anh K2, the child Pham Anh K3 (with Mrs. Vo Nguyen Kim T3 as the legal representative of the child K2 and the child K3); Mr. Le Duc T4, Mrs. Vo Nguyen Kim T5, the child Le Kim T6 (with Mrs. Vo Nguyen Kim T5 as the legal representative of the child T6), they are all absent without any valid reason. Also, persons with associated rights and obligations, including Notary Office B and Notary Office Hoang Xuan H1, submitted application for leave of absence from the trial.  Pursuant to regulations set forth in clause 2 and 3 of Article 296 in the Civil Procedures Code, the Court tried them in absentia.

[2] At the appellate court hearing, the defendant Mr. Vo Linh BD1 and Mrs. BD2 (with Mr. Nguyen Cong B as their authorized representative) requested the Appellate Trial Panel to modify the preliminary ruling and accept the defendant’s counterclaim, specifically as follows:

- Requesting the pronouncement that the inheritance declaration bearing the notary number 11752 made on September 6, 2014 at the Notary Office B, Ho Chi Minh city is completely invalid.

- Requesting the pronouncement that the house sale and purchase contract (complete) No. 02584 made at the Notary Office Hoang Xuan H1 is invalid.

- Requesting the grant of recognition of the right to own and use the real property No. 222 Vo Van K (previously, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City.

[3] Given the origin of the ownership of the real property at No. 222, Vo Van Kiet K (previously, No. 156, Ben Chuong D street), ward L, district 1, Ho Chi Minh city.

[3.1] The Compendium No. 1301, Book 27, dated March 17, 1969; the Compendium No. 266, Book 28, dated July 11, 1969 of the Saigon Land Authority signed and stamped by the head of the Land Authority of South Vietnam Republic shown that Mrs. Le Thi Don sold land to Mr. Thai Quang Doa and Mrs. Vo Thi Nhon who lived at 156 Ben Chuong D and agreed to buy the real estate No. 1883 Saigon - Thai Binh. Residential land covering an area of 102 square meters on which there is the single-story brick house with a mezzanine located at 156 Ben Chuong D - Saigon. Price: 900.000$00. All payments were completed. This selling price was declared for calculation of the registration tax of 1.315.000$00.

[3.2] The real property sale contract dated June 20-21, 1969 at the Saigon Attorney General's Office that was confirmed by the head of the land authority where it was administered on July 11, 1969, shown that 156 Ben Chuong D property belonged to Mr. Thai. Quang Doa and Ms. Vo Thi Nhon.

[3.3] The Land Certificate issued Sai Gon – Thai Binh in 1883 shown that Mr. Thai Quang Doa and Mrs. Vo Thi Nhon bought this real property on July 11, 1969 from Mrs. Le Thi Don at the price of 900.000$;

[3.4] The Decision on adjustment of the house number 24/QD-UB dated October 6, 2011 of the People's Committee of District 1, Ho Chi Minh City shown that the house number 156 Ben Chuong D was changed to the number 222 Vo Van K. , Ward L, District 1, Ho Chi Minh City.

[3.5] The Official Letter 212/XNQLDT dated July 29, 2014 of the People's Committee of District 1, Ho Chi Minh City and the Official Letter No. 3466/CNQ1 dated May 30, 2018 of the Land Registration Office of Ho Chi Minh City - the District 1 branch replied to the People's Court of Ho Chi Minh City about the legal status of the house as follows:

- According to the records kept by the People's Council and People's Committee of District 1, it is shown that the house No. 156 Ben Chuong D (now 222 Vo Van K), Ward L, District 1 is owned by Mr. Thai Quang Doa and Mrs. Vo Thi Nhon according to the real property sale contract established on June 21, 1969 at the Saigon Attorney General’s Office, and registered on July 11, 1969 with the land covering an area of ​​102m2 on which the single-story house roofed with bricks is built.

- Currently, the above house does not show any registration of ownership transfer. Regarding the fact that this house has transferred ownership or not, District 1 Land Registry Office branch has no information.

[3.6] From the above analysis, the judgment of the Court of First Instance determining that the real property located at 222 Vo Van K (formerly, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City belongs to Mr. Thai Quang Doa and Mrs. Vo Thi Nhon is grounded.

[3.7] According to Point e, Clause 1, Article 100 of the 2013 Land Law, Article 15 of Circular 02/2015/TT-BTNMT in Viet Nam dated November 27, 2015 of the Ministry of Natural Resources and Environment, setting out specific regulations on the implementation of Decree No. 43/2014/ND-CP in Viet Nam, the documents on land use rights issued by competent authorities under the former ruling regime to land users as per point e, clause 1, Article 100 of the 2013 Land Law, including: Land certificate, real property (including residential land and house) sale statement certified by the competent authority of the former ruling regime; written document proving sale, purchase, gifting and donation, exchange and inheritance of the residential house attached to the residential land with certification granted by the competent authority of the former ruling regime.

[3.8] After comparing regulatory provisions laid down in [3.7] with analyses and conclusions in [3.1] through [3.6], the preliminary ruling of the Court of First Instance that determined that Mr. Doa and Mrs. Nhon fully met requirements to receive the certificate of house ownership and residential land use rights for the above-mentioned real property in accordance with the law is grounded.

[4] Given the legality of the written document stating claim on the inheritance bearing the notary number 11752 made on September 6, 2014 at the Notary Office B, Ho Chi Minh city

[4.1] According to the birth certificate and the statements presented by the involved parties, Mr. Doa (died in 1979) and Mrs. Nhon (died in 1997) had 04 children, Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG) and Mrs. Thai Thi Thu A1 (THU A1 THI THAI). Because Mr. Doa and Mrs. Nhon died without leaving any will, these children are the heirs of Mr. Doa and Mrs. Nhon to the estate. According to the analysis in [3.6] and [3.8], the house number 222 Vo Van K (formerly, 156 Ben Chuong D), ward L, District 1, Ho Chi Minh City is the estate of Mr. Doa and Mrs. Nhon. Therefore, the act of claiming their inheritance at the Notary Public Office B on September 6, 2014 by the children of Mr. Doa and Mrs. Nhon was permitted by law.

[4.2] As shown in the case file, the notary working for Notary Office B who fully carried out the procedures to claim the inheritance strictly followed the prescribed procedures; the person determined as the person authorized to carry out the procedures was the legally accepted person having full capacity for civil acts. The heirs to the estate exist in real life. On the other hand, Notary Office B fully posted up the written document stating agreement on and division of the inheritance and issued a notice on the declaration of division of the inheritance on August 7, 2014 in accordance with the legal order.

[4.3] Therefore, the judgment of the Court of First Instance determining that the written document declaring the inheritance of the children of Mr. Doa and Mrs. Nhon is legal and stating the refusal to accept the defendant's counterclaim pertaining to the request for pronouncing that the written document on claim to the inheritance bearing the notary number 11752 made on September 6, 2014 at Notary Office B, Ho Chi Minh City is invalid is grounded.

[5] Given the legality of the house sale and purchase contract (complete) No. 02584 made on April 13, 2017 at Notary Office Hoang Xuan H1.

[5.1] According to the analysis at [3.8] and [4.3], because the children of Mr. Doa and Mrs. Nhon, including Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG) and Mrs. Thai Thi Thu A1 (THU A1 THI THAI) are abroad, they authorize Mrs. Thai Thi Thu Thuy to sign the contract to sell the house on April 13, 2017 to Mr. Pham Huu ND at Notary Office Hoang Xuan H1 and receive full amount of money from the sale. The notary of Notary Office Hoang Xuan H1 notarized the contract according to the correct order and procedures of own free will of the parties involved in the purchase and sale transaction. These parties had full capacity of civil acts and presented their legal documents.

[5.2] Pursuant to Clause 3 of Article 186 in the 2013 Law on Land,  If all the heirs of land use rights and ownership of houses and other land-attached assets are foreigners or overseas Vietnamese who are ineligible to own houses in Vietnam as prescribed in Clause 1 of this Article, the heirs shall not be granted the certificate of land use rights and ownership of houses and other land-attached assets but may transfer or donate the inherited land use rights in accordance with the following provisions: “In case of transferring land use rights, the heirs may act as the transfer or in the contract of transfer of land use rights””.

[5.3] According to the above provisions, the heirs of Mr. Doa and Mrs. Nhon mentioned in [4.1] are the holders who have the right to sign in the name of the transferor in the sale and transfer contract dated April 13, 2017 signed with Mr. ND at Notary Office Hoang Xuan H1.

[5.2] Pursuant to Clause 1 of Article 122 in the Law on Housing in Viet Nam,  “In case of purchase, sale, donation, exchange, contribution and transfer, the contracts on these transactions must be notarized and authenticated. For transactions in this clause, the effective date of a contract is agreed upon by the contracting parties. Where there is not any agreement, the effective date of a contract is the signature date”.

[5.5] Therefore, the preliminary ruling of the Court of First Instance determining that, as the contract for house sale, purchase and land use right transfer between Mr. ND, Mr. M, Mr. D, Mrs. A1 and Mrs. T1 that established the rights and obligations of the parties at the time of signing the contract on April 13, 2017 took effect, the plaintiff's request for recognizing the purchase and sale contract; the house ownership and land use rights; and refusing to accept the counterclaim of Mr. BD1 and Mrs. BD2's requesting the pronouncement that the above-mentioned notarized contract is invalid is grounded.

[6] Given the request made by Mr. BD1 and Mrs. BD2 for granting them recognition of house ownership and residential land use rights for the real property at 222 Vo Van K (formerly, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City on grounds that, in 1979, when going abroad, Mrs. Nhon transferred the ownership of the house to Mr. BD1 and Mrs. BD2 for management and use, thus no longer owned the house and residential land use right according to the handwritten "House assignment deed dated July 5, 1979" as follows: “We, Mr. Thai Quang Doa and Mrs. Vo Thi Nhon, agree to transfer the house at 156 Ben Chuong D, District 1 to our mother, Mrs. Nguyen Thi Than, born in 1900. After our mother’s death, she left it to her youngest son and his spouse, Vo Linh BD1 and BD2. They can use this house for occupancy and ancestor worshipping purposes. My husband and I and the grandchildren in the ties of kinship will not do anything to cause them trouble. We agree to sign hereunder. Signature Vo Thi Nhon”.

[6.1] The case file shows that, because the heirs of Mr. Doa and Mrs. Nhon did not admit that Mr. Doa and Mrs. Nhon transfered the house to Mr. BD1 and Mrs. BD2, they do not admit that the handwriting and signature in the "House assignment deed dated July 5,1979” are Mrs. Nhon’s. At the trial court hearing on April 24, 2019, the authorized representative of Mr. BD1 and Mrs. BD2 requested the trial to be adjourned for inspection of the handwriting and signature supposed to be Vo Thi Nhon’s on the "House assignment deed dated July 5, 1979” with the signature inscribed on the handwritten letter titled: “Wesminster dated 4/9/85” which was claimed by the defendant to be the letter written by Mrs. Nhon to Mr. BD1 in 1985 to prove that Mrs. Nhon had signed the document of agreement to transfer the house to Mr. BD1 and Mrs. BD2.

[6.2] Accroding to the inspection conclusion No. 2755/C09B dated July 3, 2019 of the Criminal Science Sub-Institute - the Ministry of Public Security in Ho Chi Minh City, there are not enough grounds to conclude that the signature and the handwritting on “House assignment deed” dated July 5, 1979 supposed to be Vo Thi Nhon's were created by the same person whose signature and handwriting were inscribed on the letter titled "Wesminster dated 4/9/85”.

[6.3] However, at the first-instance trial, due to disagreement with the inspection results, the authorized representative of the defendant continued to request a re-inspection that did not provide any new evidence. Therefore, the trial court determined that the re-inspection was not necessary, did not change the fact that the house and land in dispute originally belonged to Mr. Doa and Mrs. Nhon. On the other hand, if it is assumed that Mrs. Nhon’s signing the deed of assignment of the house to Mrs. Than, Mr. BD1 and Mrs. BD2 was real, this assignment transaction is not lawful. Because of the fact that the house assignment deed was handwritten, not certified by the competent authority; there was a violation against the rule of the right of disposal of marital assets by Mrs. Nhon’s unilaterally signing on the deed of transfer of the house which was the community property of her husband and her, the court of first instance’s preliminary ruling that it was not necessary for the re-inspection is grounded.

[6.4] Hence, the trial court’s preliminary ruling determining that the house assignment deed dated July 5, 1979 was not the sufficient ground for proving that the real property at 222 Võ Văn K (formerly, 156 Ben Chuong D), ward L, district 1, Ho Chi Minh city belonged to Mr. BD1 and Mrs. BD2 is grounded.

[6.5] In addition, in the land and house registration form in 1999, Mr. BD1 and Mrs. BD2 declared that the house was bought from another person but the house assignement deed stated that:  “After death, Mrs. Than will leave it to her youngest son and his spouse, Mr. BD1 and Mrs. BD2”. Therefore, there is a conflict between what they entered in the declaration form and the house assignment deed.

[6.6] According to the aforesaid analysis, the preliminary ruling that refused to accept the request of Mr. BD1 and Mrs. BD2 for the grant of recognition of the right to own and use the real property No. 222 Vo Van K (previously, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City is right.

[7] With respect to Mr. Thai Quang M (THAI M QUANG)’s independent request in which Mr. BD1, Mrs. BD2 and their children were requested to return the house at No. 222 Vo Van K (previously, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City.  

According to the aforesaid analysis, the preliminary ruling determining that, as the house at No. 222 Vo Van K (previously, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City is the inheritance left by Mr. Doa and Mrs. Nhon to their children, Mr. BD1 and Mrs. BD2 and other persons living in the house were requested to return the house at No. 222 Vo Van K (previously, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City to Mr. M, Mrs. Á, Mr. D and Mrs. T1 who had the inheritance rights to transfer the house to the plaintiff ND, is grounded.

[8] According to the above-mentioned analysis, the appellate trial panel judges that the preliminary ruling that accepted the plaintiff's petition to sue, independent claims of persons with related interests and obligations in [7], and refused to accept the defendant's counterclaim is grounded. At the appellate court hearing, because the defendant appealing against the judgement could not provide any other evidence, the trial panel’s judgement that it does not have grounds to accept the requests stated in the appeal and upholds the preliminary ruling upon the request of the representative of the High People’s Procuracy in Ho Chi Minh city is grounded.

[9] Other parts of the preliminary ruling not subject to such appeal or protest shall be in force from the date of expiry of the limitation period of submission of appeals or protests in accordance with law.

[10] Regarding appellate court fees, Mr. BD1 anf Mrs. BD2 shall be entitled to exemption from these costs in accordance with law on court fees and charges. 

In light of the aforesaid comments;

HEREIN DECIDES

Pursuant to clause 1 of Article 308 in the 2015 Civil Procedures Code in Viet Nam.

Pursuant to the Resolution No. 326/2016/UBTVQH14 in Viet Nam dated December 30, 2016 of the Standing Committee of the National Assembly, stipulating rates, exemption, reduction, collection, payment, management and use of court fees and charges.

Reject the appeal of the defendant Mr. Vo Linh BD1, Mrs. BD2 and uphold the preliminary ruling No. 1917/2019/DSST dated December 19, 2019 of the People’s Court of Ho Chi Minh city. 

Making the following pronouncements:

1. Accept the petition to sue of the plaintiff, Mr. Nguyen Huu ND, regarding the claim over the house, recognition of the sale and purchase contract and recognition of the rights to own and use the real property No. 222 Vo Van K (previously, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City.

2. Reject the request of Mr. BD1 and BD2 regarding:

- Requesting that the inheritance declaration bearing the notary number 11752 made on September 6, 2014 at the Notary Office B, Ho Chi Minh city is completely invalid.

- Requesting the pronouncement that the house sale and purchase contract (complete) No. 02584 made at the Notary Office Hoang Xuan H1 is invalid.

- Requesting the grant of recognition of the right to own and use the real property No. 222 Vo Van K (previously, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City.

3. Accept the request of the person with related rights and obligations, Mr. Thai Quang M (THAI M QUANG), that requests  Mr. BDl and Mrs. BD2 to return the house and land at 222 Vo Van K (previously, 156 Ben Chuong D), ward L , District 1, Ho Chi Minh City for transfer of the house to Mr. Pham Huu ND.

4. Confirm that the real property No. 222 Vo Van K (previous,156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City is under the ownership of Mr. Thai Quang Doa and Mrs. Vo Thi Nhon according to the Land Certificate. No. 1883 - Saigon Thai Binh; the Compendium No. 266, Book 28, dated 11/7/1969 of Saigon Land Authority; the land and house sale and purchase contract dated 20-21 June 1969 at the Saigon Notary Office with the registration tax paid on July 11, 1969.

5. Confirm Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG) and Mrs. Thai Thi Thu A1 (THU A1 THI THAI) as the heirs of Mr. Thai Quang Doa and Mrs. Vo Thi Nhon.

6. Certify that the inheritance declaration bearing the notary number 11752 made on September 6, 2014 at the Notary Office B, Ho Chi Minh city has legal effect.

7. Recognize the house purchase and sale contract (complete) No. 02584 made on April 13, 2017 at the Notary Office Hoang Xuan H1 between Mr. Pham Huu ND, as the buyer, and Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG), Mrs. Thai Thi Thu A1 (THU A1 THI THAI), as the seller, is legitimate.

8. Force Mr. Vo Linh BD1, Mrs. BD2 and Mr. Vo Nguyen V; Mrs. Tran Thi Ngoc M; Mrs. Vo Thi Kim Ng; the child Vo Tran Thuc N; Mrs. Vo Nguyen Kim T2; Mrs. Vo Nguyen Kim T3; the child Vu Anh K1; the child Vu Ha M1 (M1); the child Pham Anh K2; the child Pham Anh K3; Mr. Le Duc T4; the child Le Kim T6; Mrs. Vo Nguyen Kim T5 and all the people currently living and using the house located at 222 Vo Van K (previously, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City to return the real property at 222 Vo Van K (previously, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City to Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG) and Mrs. Thai Thi Thu A1 (THU A1 THI THAI ) so that they can fulfill their contractual obligations to hand over the above house to Mr. Pham Huu ND.

Mr. Pham Huu ND reserves the full right to own the house and use the residential land for the real estate located at 222 Vo Van K (formerly, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City under the house sale and purchase contract (complete) No. 02584 made on April 13, 2017 at Hoang Xuan H1 Notary Office, Ho Chi Minh City.

9. Remember that Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG) and Mrs. Thai Thi Thu A1 (THU A1 THI THAI) offered the voluntary support and contribution for care and protection of the real estate located at 222 Vo Van K (previously, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City which cost 1,000,000,000 (One billion) dong.

From the date on which Mr. BDl and Mrs. BD2 file a petition to enforce the legally effective judgment, if Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI TAI). D QUANG), Mrs. Thai Thi Thu A1 (THU A1 THI THAI) has not yet paid the above amount, they will have to pay monthly interest on such amount at the interest rate stated in Article 357 and 468 of the 2015 Civil Code which is calculated for the period of late payment at the time of payment.

10. Based on this judgment, Mr. Pham Huu ND has the right to contact the regulatory authority to apply for a certificate of house ownership and residential land use right for the real estate No. 222 Vo Van K (formerly, 156 Ben Chuong D), Ward L, District 1, Ho Chi Minh City in accordance with law.

11. Continue the effect of the Decision on application of interim injunction No. 23/2019/QD-BPKCTT dated January 18, 2019 of the People's Court of Ho Chi Minh City until the judgment is completed.

12. Mr. Thai Quang M (THAI M QUANG), Mrs. Thai Thi Thu T1 (KOWALEWSKI TIFFANY T), Mr. Thai Quang D (THAI D QUANG) and Mrs. Thai Thi Thu A1 (THU A1 THI THAI) with the authorized representative, Mr. Ho Van Tieng, are entitled to claim back the sum of 150,000,000 (One hundred and fifty million) dong at the Joint Stock Commercial Bank for Industry and Trade of Vietnam, Ho Chi Minh City branch in the account No. 119002682497, account-holder’s name: Ho Van Tieng, Joint Stock Commercial Bank for Industry and Trade of Vietnam which is blocked for transaction on January 17, 2019 and January 18, 2019 according to the Decision to enforce security measures No. 21/2019/QD- BPBD dated January 17, 2019 and Decision to enforce security measure No. 22/2019/QD-BPBD dated January 18, 2019 of the People's Court of Ho Chi Minh City.

13. Other parts of the preliminary ruling not subject to such appeal or protest shall be in force from the date of expiry of the limitation period of submission of appeals or protests in accordance with law.

14. Regarding the appellate civil court fees: Mr. BD1 and Mrs. BD2 shall be exempted from paying such fees and receive the refund of 300,000 (three hundred thousand) dong per each according to the receipt No. 0045426 issued on January 9, 2020 and No. 0045438 issued on January 13, 2020 of Ho Chi Minh City Civil Judgment Enforcement Department.

In cases where the judgement is executed under the provisions of Article 2 of the Law on Civil Judgment Execution, the obligee and obligor to execution of the civil judgment may negotiate about how the judgment is executed, the right to request judgment execution, voluntary execution of the court judgement or shall be subject to law enforcement processes under Articles 6, 7, 7a and 9 of the Law on Civil Judgment Execution; the limitation period of execution of the court judgement is subject to regulations laid down in Article 30 of the Law on Civil Judgement Execution in Viet Nam.

The Appellate Judgement shall enter into force from the pronouncement date./.


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Civil judgement no. 577/2020/DS-PT dated october 29, 2020 regarding dispute about claim on house; request for declaring that notarized documents are null and void; dispute over rights to own house and use residential land; and dispute over the agreement on sale and purchase of house and transfer of rights to use residential land

Số hiệu:577/2020/DS-PT
Cấp xét xử:Phúc thẩm
Agency issued: Tòa án nhân dân cấp cao
Field:Dân sự
Date issued: updating
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