Judgement No. 223/2020/DS-PT dated july 10, 2020 regarding dispute over right to use land and associated property

PEOPLE’S HIGH COURT OF HO CHI MINH CITY

JUDGEMENT NO. 223/2020/DS-PT DATED JULY 10, 2020 REGARDING DISPUTE OVER RIGHT TO USE LAND AND ASSOCIATED PROPERTY

On July 6 and 10, 2020, at the headquarter of the People’s High Court of Ho Chi Minh City, the open appellate trial of the case No. 106/2020/TLPT-DS entertained on February 11, 2020 regarding “Dispute over the right to use land and associated property (residential house)” is open to the public;

Owing to the fact that the preliminary ruling No. 18/2019/DS-ST dated October 30, 2019 of the People’s Court of Binh Duong province was appealed; 

According to the Decision to bring the case to the appellate trial No. 1090/2020/QD-PT dated June 18, 2020 between litigants:

- Plaintiff: Mr. Nguyen Van S, born in 1968, permanently residing at R street, district 25663, H city, Sweden.

Contact address: 35E (35-E3), Villa District P, quarter 6, ward P1, Th city, Binh Duong province.

Authorized legal representative: Mr. Dang Ba K, born in 1987.

Address: D street (previously T street), ward 13, B district, Ho Chi Minh city. (present)

- Defendant:

1/. Mr. Ly Huy C, born in 1978. (present)

2/. Mrs. Nguyen Thuy V, born in 1977. (submitting the trial in absentia claim)

Living at the same address: H quarter, ward H1, Th town, Binh Duong province.

- Persons with associated rights and obligations: Joint-stock Company B (B)

Address: Tr street, ward P2, Th city, Binh Duong province.

Legal representative: Mrs. Dang Thi Tuyet Tr – Title: General Director. (submitting the trial in absentia claim)

- Witnesses:

1/. Mrs. Nguyen Thi T, born in 1965.

Address: L hamlet, L1 district, Hau Giang province.

2/. Mr. Lam Ch, born in 1962.

Address: H2 quarter, ward Th1, Th town, Binh Duong province.

3/. Mrs. Nguyen Thi Thuy T, born in 1991.

Address: D quarter, ward T, D town, Binh Duong province.

- Appellant: Mr. Dang Ba K – The plaintiff’s representative.

CASE DESCRIPTION

The plaintiff’s representative Mr. Dang Ba K gave his statement as follows:

Mr. Nguyen Van S is a Vietnamese residing overseas and has been friends with Mrs. Nguyen Thuy V and Mr. Ly Huy C since 2000.

In 2010, Mr. S contributed his capital to Joint Stock Company D where Mr. C held the title of Chairman of the Board of Directors, and Mrs. V was appointed as the General Director.

In 2012, when he returned to Vietnam, Mr. S told Mr. C and Mrs. V that he was planning to return to Vietnam to do business (apart from the aforesaid capital contribution). Because Mr. S rarely returned to Vietnam, and had no chance to learn about the provisions of Vietnamese law on housing, he thought that he was not entitled to own any house in Vietnam. Therefore, Mr. S asked Mr. C and Mrs. V to look around and buy Mr. S a house located in Binh Duong province so that Mr. S would have a place to live and work in Vietnam. Mr. C and Mrs. V agreed to his suggestion.

In 2014, Mr. C and Mrs. V informed Mr. S (at that time, Mr. S was abroad) that they were negotiating with the owner of a housing construction project and would buy a house for Mr. S (including residential land use right) in a residential zone located in Th city, Binh Duong province with a value of about 1,000,000,000 VND. Mr. S agreed to this.

In August 2016, Mr. S returned to Vietnam and worked for Joint Stock Company D. Mr. C and Mrs. V led Mr. S to the house located at 35E (35E3), Villa District P, quarter 6, ward P1, Th city, Binh Duong province and told Mr. S that this was the house and the right to use the land that they purchased and of which they were named on the title and tenure certificate on Mr. S’s behalf. At this house, he gave Mr. C and Mrs. V the amount of USD 45,000, which is the money to buy the house and land tenure. In return, Mr. C and Mrs. V gave Mr. S a deed of confirmation carrying their signature, clearly stating: Mr. C and Mrs. V were only the bare trustees for Mr. S’s real property.

After a period of working together, there was a conflict between Mr. S and the couple Mr. C and Mr. V. In January 2017, Mr. C and Mrs. V prevented Mr. S from entering and working for Joint Stock Company D without consultation, and requesting Mr. S to return that real property to them. Mr. S rejected and the dispute erupted.

Because Mr. C and Mrs. V were still the persons named in the house sale and purchase contract with the investor, they informed the electricity and water suppliers to cut electricity and water for the house, address 35E3, villa district P, ward P1, Th city, Binh Duong province, where Mr. S was living, making it difficult for Mr. S's living, and forcing Mr. S to rent a hotel room to live.

Due to that fact, Mr. S sued to petition the Court to resolve his case as follows:

Recognizing Mr. Nguyen Van S’s claim on the legal ownership of the house and the tenure of the land located at 35E3, Villa District P, Quarter 6, Ward P1, Th City, Binh Duong Province.

Forcing Mr. Ly Huy C and Mrs. Nguyen Thuy V to cease all of their acts of infringement and illegal obstruction of the exercise of Mr. S's ownership rights to the house and tenure of the land at 35E3, Villa District P, Quarter 6, Ward P1, Th City, Binh Duong Province.

Forcing Mr. Ly Huy C and Mrs. Nguyen Thuy V to give back the contract with the investor and other relevant documents related to the house and the tenure of the land at 35E3, Villa District P, Quarter 6, Ward P1, Th City, Binh Duong Province.

Forcing Mr. Ly Huy C and Mrs. Nguyen Thuy V to pay Mr. S VND 200,000,000 in compensation for the damage caused by their illegal act.

On September 26, 2019, the plaintiff's authorized representative, Mr. Dang Ba K, filed a petition to withdraw a part of the plaintiff's lawsuit, specifically including: Withdrawing the claim for Mr. Ly Huy C and Mrs. Nguyen Thuy V’s payment of VND 200,000,000 in compensation for the damage caused to Mr. S by their illegal act.

Defendant Mr. Ly Huy C and Mrs. Nguyen Thuy V gave their statement as follows:

In August 2016, Mr. Nguyen Van S, who was an overseas Vietnamese residing in Sweden returning to Vietnam, went to Joint Stock Company D (abbreviated as Company D) to apply for a job. Because Mr. S was acquainted with Mrs. V during the period of her study and work in Sweden, Mr. Ly Huy C, Chairman of the Governing Board cum General Director of the company, offered Son probationary work for 06 months. However, when working at Company D, Mr. Nguyen Van S appropriated money from the company. So, on January 31, 2017, the Board of Directors (chaired by Mr. Ly Huy C) signed the Decision No. 01/QD-DGP to fire Mr. Nguyen Van S. While Mr. Nguyen Van S was working at Company D, Mr. S told Mr. C and Mrs. V that he wanted to seek a Vietnamese’s ID card to proceed to complete legally required procedures for repatriation. By his own account, after consulting with other persons, Mr. S got to know that, in order to apply for repatriation and Vietnamese ID card, he must prove that he was having a house in Vietnam and running a company in Vietnam. Then Mr. S asked Mr. C and Mrs. V for their favor to issue 02 copies of confirmation regarding two requirements. As  friends that have known for a long time, Mr. C and Ms. V agreed to help Mr. S with these 02 types of document: 01 document which was the written confirmation that they were named on the certificate of ownership of the house No. 35E, Quarter 6, Ward P1, Th city, Vietnam (Residential Zone P) as Mr. S’s bare trustees and 01 document which was the Capital Contribution Certificate No. 01/GCNGV dated May 10, 2010, which Mr. S used as the basis to initiate a lawsuit in a commercial business case that is being entertained and resolved by the People's Court of Binh Duong province. In fact, the house number 35E stated in this certificate does not exist because the couple, Mr. C and Mrs. V, absolutely have not bought any house called No. 35E. Mr. C and Mrs. V also admitted that the purchase of the house No. 35E was just a way of pretence in which they were named on the house title certificate as Mr. S’s bare trustees in order to help Mr. S complete required procedures to get his ID card and permission for his repatriation.

Also, when Mr. S was working at Company D, on seeing that Mr. S had no house to live, Mr. C and Mrs. V arranged for Son to live at the house number 35E3, Quarter 6, Ward P1, City Th, Binh Duong Province. This house was bought by the couple Mr. C and Mrs. V from Joint Stock Company B according to the Contract No. 12/HDMB-N-BTPT dated March 7, 2014 to provide accommodations for the company's workers to live in. After the company's decision to fire Mr. S, on March 21, 2017, the company sent a notice requesting Mr. S to return this house and, on March 31, 2017, the company's Board of Directors issued a letter of authorization to Mr. Nguyen Nhu B and a number of Company D’s employees to come to take back the house, but Mr. S refused to move out. Because Mr. S did not return the house, Mr. C and Mrs. V applied for disconnection of electricity and water services. This forced Mr. S to move out and rent another house. However, at present, Mr. S still leaves his personal belongings in this house and keeps the house key with the intent of not returning the house to Mr. C and Mrs. V. Therefore, Mr. C and Mrs. V definitely do not accept any part of the plaintiff's petition to sue. Concurrently, Mr. C and Mrs. V filed a counterclaim to:

Evict Mr. Nguyen Van S and force him to move all his personal belongings out of the house, and return the house No. 35E3, Villa District P, Quarter 6, Ward P1, Th City, Binh Duong Province to Mr. C and Mrs. V.

Force Mr. Nguyen Van S to pay Mr. C and Mrs. V 150,000,000 VND in compensation for the damage caused by his illegal possession of the house.

Force Mr. Nguyen Van S to pay VND 200,000,000 to compensate for the honor, prestige and mental damage suffered by Mr. C and Mrs. V.

On September 25, 2019, Mr. Nguyen Van Cuong submitted a petition to withdraw the entire counterclaim.

Person with associated rights and obligations, Joint Stock Company B (B) gave the following testimony: Mrs. Nguyen Thuy V are now named as the holder of the certificate of ownership and tenure of the house and land at plot 35E3, Villa District P under the Deposit Contract No. 12/HDDC-BTPT and the house purchase contract No. 12/HDMB-BTPT in effect on the same day March 7, 2014.

The sum of 984,094,000 was paid for the aforesaid real estate and the attached debt notice shown that: According to the contract, on March 7, 2014, Mrs. V made a deposit of VND 50,000,000; on March 27, 2014, paid VND 98,000,000; on April 27, 2014, had to pay VND 150,094,000; on May 27, 2014, had to pay VND 196,000,000; on October 27, 2014, had to pay VND 490,000,000. In response to such notice, in fact, Mrs. V managed to leave a deposit of VND 50,000,000; on March 27, 2014, already paid VND 98,000,000; on April 29, 2014, already paid VND 150,094,000; on June 11, 2014, already paid VND 196,000,000; on October 27, 2014, already paid VND 490,000,000, and the remaining debt was 0 dong.

Currently, the house and the right to use the land at 35E3, villa district P, have not been certificated yet due to a dispute.

Although the house No. 35E3 was previously used by Mr. S, he is no longer using this house directly.

Villa District P project developed by the company do not have the land plot No. 35E. The land plot of which Mrs. Nguyen Thuy V is named as the tenure holder is the plot No. 35E3 at Villa District P.

Witness, Mrs. Nguyen Thi T, gave her testimony as follows: Mrs. V asked Mrs. T to do her a favor to ask if she knew someone in her hometown who could allow Mr. S in his/her family record as a prerequisite for Mr. S's application for his ID card. When Mrs. T returned to her hometown and asked her relatives in L commune, district L1, Hau Giang province, her relatives refused to do her a favor because of being uncertain of Mr. S’s origin and personal traits. Then, Mrs. T said no to Mrs. V. That’s all what Mrs. T said.

Witness, Mrs. Nguyen Thi Thuy T, gave her testimony as follows: At around 11:00 a.m. on October 14, 2016, when Mrs. Thuy T went to the Director's office to submit several accounting documents to Mrs. Nguyen Thuy V for her signature, she saw Mr. S sitting there and Mrs. V was typing on the computer. After that, Mrs. V asked Mrs. Thuy T to help her type the document and said that Mr. S was applying for a ID card, and needing to prove that he had a house and property in Vietnam to proceed. When Mrs. Thuy T sat at the computer desk, she found the document unfinished. Mrs. Thuy T continued to edit and type the document. Mrs. Thuy T helped Mrs. V type 02 documents, including the capital contribution certificate and the confirmation that she used her name as the trusted owner of the house 35E, Villa P area, Th city, Binh Duong province. After the document was complete, Mrs. Thuy T read aloud in front of Mrs. V and Mr. S. Because her office was not connected to the printer, Mrs. Thuy T emailed the document to another email address: thuyt_nguyen271 l @ yahoo. com. This was the mail that Mrs. Thuy T usually used to send documents and print documents when being asked. Delivery time was 11:38 a.m. on October 14, 2016. After that, Mrs. Thuy T went to her room to print it out and gave it to Mrs. V and Mr. C to affix their signatures before handing it over to Mr. S. That was all what Mrs. Thuy T said.

- Witness, Mr. lam Ch, gave his testimony as follows: Mr. Nguyen Van S asked Mr. Ch to accept him in his family registration record so that he could proceed to apply for an ID card. Mr. Ch agreed. However, when he came home to consult with his wife, she did not agree to accept Mr. S in their household registration record. Then, Mr. Ch replied to Mr. S that he refused to allow Mr. S in his family record. That’s all what Mrs. T said.

According to the preliminary ruling No. 18/2019/DS-ST dated October 30, 2019, the People’s Court of Binh Duong province judged that: 

1/. Revoking a part of the petition to sue filed by Mr. Nguyen Van S regarding the claim for Mr. Ly Huy C and Mrs. Nguyen Thuy V’s payment of VND 200,000,000 in compensation for the damage caused to Mr. S by their illegal act.

2/. Revoking the counterclaim filed by Mr. Ly Huy C and Mrs. Nguyen Thuy V regarding:

Evicting Mr. Nguyen Van S and forcing him to move all his personal belongings out of the house before returning the house No. 35E3, Villa District P, Quarter 6, Ward P1, Th City, Binh Duong Province to Mr. C and Mrs. V.

Forcing Mr. Nguyen Van S to pay Mr. C and Mrs. V 150,000,000 VND in compensation for the damage caused by his illegal possession of the house.

Forcing Mr. Nguyen Van S to pay VND 200,000,000 to compensate for the honor, prestige and mental damage suffered by Mr. C and Mrs. V.

3/. Refusing to accept the petition to use filed by Mr. Nguyen Van S against Mr. Ly Huy C, Ms. Nguyen Thuy V regarding:

Recognizing Mr. Nguyen Van S’s claim on the legal ownership of the house and the tenure of the land located at 35E3, Villa District P, Quarter 6, Ward P1, Th City, Binh Duong Province.

Forcing Mr. Ly Huy C and Mrs. Nguyen Thuy V to cease all of their acts of infringement and illegal obstruction of the exercise of Mr. S's ownership rights to the house and tenure of the land at 35E3, Villa District P, Quarter 6, Ward P1, Th City, Binh Duong Province.

Forcing Mr. Ly Huy C and Mrs. Nguyen Thuy V to give back the contract with the investor and other relevant documents related to the house and the tenure of the land at 35E3, Villa District P, Quarter 6, Ward P1, Th City, Binh Duong Province.

In addition, the preliminary ruling made an official pronouncement on court costs, legal fees and the rights to appeal of litigants.

On November 12, 2019, the plaintiff’s representative Mr. Dang Ba K filed an appeal against the entire preliminary ruling.

At the appellate trial, the plaintiff's representative Mr. Dang Ba K keeps retaining his appeal request and petitioning the Trial Panel to correct the preliminary ruling in the direction of accepting the plaintiff's petition to sue.

The Supreme Procuracy’s representative expressed his/her opinion on the resolution of the case:

- Regarding legal process: Appellate Trial Panel complied with regulations of the Civil Procedure Code.

- Regarding case contents: The first instance court’s rejection of Mr. S's petition to sue is founded. Requesting the Trial Panel not to accept the appeal and uphold the preliminary ruling.

COURT’S COMMENTS

Based on documents and evidence that have been checked and verified, results of questioning and litigation activities at the court, after considering evidence and opinions of litigants and procurators in a full and comprehensive manner; The Appellate Trial Panel is presenting the following arguments:

 [1] Regarding formalities: The petition to appeal filed by Mr. Dang Ba K was submitted within the prescribed time limit and was considered by the Trial Panel in accordance with the appellate trial procedures.

 [2] Regarding case contents:

 [2.2] Plaintiff Mr. Nguyen Van S argued that, in 2014, he asked Mr. Ly Huy C and Mrs. Nguyen Thuy V to do him a favor to help buy the house No. 35E3 of villa P, quarter 6, ward P1, city Th. Later, Mr. Nguyen Van S filed a lawsuit to request the recognition of his house title and land tenure for the house and land located at 35E3, Villa District P, Quarter 6, Ward P1, Th City, Binh Duong Province; force Mr. Ly Huy C and Mrs. Nguyen Thuy V to return the house and related documents to Mr. S.

Mr. Ly Huy C and Mrs. Nguyen Thuy V disagreed with Mr. S's petition to sue because they assured that the real property in dispute was legally purchased by Mr. C and Mrs. V. They denied that they are named as the owner of the house and the occupant of the land on Mr. S’s behalf.

 [2.2] Based on records and evidence included in the case file, the Trial Panel found that:

On March 7, 2014, Mr. Ly Huy C and Mrs. Nguyen Thuy V signed a sale and purchase contract and received the transferred house No. 35E3 at villa district P from Joint Stock Company B. Mr. Nguyen Van S argued that, as he was a foreign national unable to be named as the owner of real estate in Vietnam, he asked Mr. C and Mrs. V to act on his behalf to be named as the house owner and land occupant. After receiving the transferred house, Mr. C and Mrs. V did not live in this house, but allowed Mr. S to move in the house. Mr. C and Mrs. V said that they only allowed Mr. S to stay in the house without asking him to pay rents, but could not provide proof of this. Actually, Mr. S had resided at the house since August 2016. Then, on October 14, 2016, Mr. C and Mrs. V made a confirmation stating that they were named on behalf of Mr. Nguyen Van S as the owner of the house at the address 35E - KP6 - P P1 - Town Th, Vietnam (Residential Zone P)”.

Mr. C and Mrs. V said that the confirmation that they were named as the owners of the house on his behalf was to help Mr. S apply for an ID card and acceptance into a family registration record in Vietnam as a prerequisite for his successfully implementing his repatriation procedures; furthermore, the home address inscribed in this written confirmation was inaccurate. The Trial Panel finds that the reasons given by Mr. C and Ms. V are unfounded because there are, in fact, no provisions that force Vietnamese residing abroad to own houses in Vietnam to apply for ID cards or acceptance into family registration records in Vietnam. Moreover, even if it was deemed that owning a house in Vietnam was required in order for a person to be accepted into a family registration record, permission to accept him/her into a family registration record would not be granted only based on the confirmation given by Mr. C and Mrs. V, but also according to the obligatory requirement in which Mr. S. must be named in the house sale contract or the certificate of land use right, house ownership. In fact, there are none of documents or evidence proving that Mr. S was applying for acceptance in a family registration record in Vietnam.

With regard to an error of the house address stated in the written confirmation, the Trial Panel found that a typo or the error caused by some other reason led to a misunderstanding between “35E3” and “35E”. In addition to this error, the confirmation document also had many other misspelling errors, showing negligence in composing this document. In reality, in the residential zone P, only the house with address “35E3, quarter 6” exists, instead of “35E, quarter 6”. Thus, it can be seen that this turned out to be that this confirmation was aimed at the house No. 35E3, villa district P, quarter 6, ward P1, city Th, Binh Duong province.

Since the confirmation document by Mr. C and Ms. V was signed on a voluntary basis, there is a sufficient ground to determine that the house No. 35E3, villa district P belongs to Mr. S who asked Mr. C and Mrs. V’s favor to use their name as the owners of the house on his behalf.

In addition to this case, between Mr. S on one side, and Mr. C and Ms. V, on the other side, there is another dispute over the capital contribution to the Company which has been resolved by the People's High Court in Ho Chi Minh City at the Appellate Commercial Business Judgment No. 41/2019/KDTM-PT dated July 26, 2019. According to the contents of this case, Mr. S repeatedly transferred total sum of 1,500,000,000 VND to Mrs. V's account. Mr. Ly Huy C, as the Company’s Director, issued the certificate of capital contribution with his signature to Mr. S. The certificate determined that Mr. S‘s capital contribution was worth 1,500,000,000 VND. However, because Mr. S was not legally eligible to be named on the business license, he asked Mr. Ly Truong C to be named on it for him and, at the same time, the certificate confirmed that Mr. S had full authority accorded the company's shareholders. After that, Mr. C and Mrs. V again denied and said that the above confirmation served the purpose of helping Mr. S to apply for an ID card or family registration record in Vietnam.. The Judgement No. 41/2019/KDTM-PT does not accept Mr. S's shareholder status due to improper capital contribution procedures, but acknowledges that Mr. S has transferred money to Mrs. V's account and reserved the right for Mr. S to sue Mrs. V to reclaim the above money by bringing another case to trial.

Mr. S’s transfer of money to Mrs. V shows that Mr. S's statement that Mr. S had a close relationship with her and transferred money to Mrs. V to contribute capital to establish the company and buy a house in Vietnam is trustworthy.

From the above analyses, the Trial Panel found that there was grounds to identify the real estate located at 35E3, villa district P was bought by Mr. Nguyen Van S who asked Mr. C and Mrs. V to use their names as the holders on the house sale contract on his behalf. However, as Mr. Nguyen Van S was a foreigner, currently not living in Vietnam, he needed to hand over the house and land to Mr. C and Mrs. V for management and use; Forcing Mr. C and Ms. V to return the value of home ownership and land use right to Mr. S.

[2.3] Because Mr. C and Mrs. V were the ones who acted on his behalf to be named on the house sale and purchase contract, it is necessary to consider the efforts of Mr. C and Mrs. V according to the Legal Precedent No. 02/2016/AL approved by the Judge Panel of the Supreme People's Court on April 6, 2016.

The value of the house to be paid to Binh Duong Investment Consulting Joint Stock Company is VND 984,094,000. Based on the Property Valuation Report dated August 28, 2019, and the on-site inspection report dated May 16, 2018 of the People's Court of Binh Duong province, the current value of this real property is determined as follows:

Current land price: 27,500,000 dong/m2 x 125 m2 = 3,437,500,000 dong. Current house price: 4,800,000 dong/m2 x 80 m2 x 75% = 288,000,000 dong.

Value of 02 canopies, columns, cement floor, patterned tiles: (490,000 dong/m2 x 20m2) + (490,000 dong/m2 x 15m2) x 75% = 12,862,500 dong.

In conclusion, total value of house and land is: VND 3,738,362,500. Increased differential of the land and house is: VND 2,754,268,500.

Pursuant to the Law No. 02/2016/AL, Mr. C and Mrs. V’s effort in using their names as the owners of that real property on Mr. S’s behalf is a half as much as the value of the increased diffential of that real property, which equals VND 1,377,134,250.

Thus, Mr. C and Mrs. V will obtain the recognition of the ownership of the house and land use right for the house 35E3, villa district P, and must repay Mr. Nguyen Van S the value of the house and land VND 2,361,228,250.

From the above analyses, the Trial Panel found that Mr. Dang Ba K's petition to appeal is founded. It is necessary to revise the preliminary ruling in the direction of not accepting part of the plaintiff’s petition to sue.

 [3] In terms of court costs:

- Regarding the first-instance court costs:

+ Mr. Nguyen Van S is liable for the first instance court cost by reference to the sum of VND 1,377,134,250, which equals VND 53,314,027.

+ Mr. Ly Huy C and Mrs. Nguyen Thuy V are liable for the court cost by reference to the amount to be refunded to Mr. S (VND 2,361,228,250), which equals VND 79,224,565.

- Regarding the appellate court costs: Because the appeal is accepted, Mr. Nguyen Van S shall not be liable for this cost.

In light of the aforesaid grounds;

HEREBY DECIDES

Pursuant to Clause 2, Article 308 and Article 309 of the Civil Procedure Code in Viet Nam; Resolution No. 326/2016/UBTVQH14 in Viet Nam dated December 30, 2016 of the Standing Committee of the National Assembly regulating the rates, exemption, reduction, collection, management and use of court costs and fees; Legal Precedent No. 02/2016/AL in Viet Nam which was passed on April 6, 2016 by the Panel of Judges of the Supreme People's Court.

Accepting a part of the appeal request of Mr. Dang Ba K – The plaintiff’s representative. Revising the preliminary ruling No. 18/2019/DS-ST dated October 30, 2019 of the People’s Court of Binh Duong province. 

Pronouncing that:

1/. Revoking a part of the petition to sue filed by Mr. Nguyen Van S regarding the claim for Mr. Ly Huy C and Mrs. Nguyen Thuy V’s payment of VND 200,000,000 in compensation for the damage caused to Mr. S by their illegal act.

2/. Revoking the counterclaim filed by Mr. Ly Huy C and Mrs. Nguyen Thuy V regarding:

Evicting Mr. Nguyen Van S and forcing him to move all his personal belongings out of the house before returning the house No. 35E3, Villa District P, Quarter 6, Ward P1, Th City, Binh Duong Province to Mr. C and Mrs. V.

Forcing Mr. Nguyen Van S to pay Mr. C and Mrs. V 150,000,000 VND in compensation for the damage caused by his illegal possession of the house.

Forcing Mr. Nguyen Van S to pay VND 200,000,000 to compensate for the honor, prestige and mental damage suffered by Mr. C and Mrs. V.

3/. Accepting a part of Mr. Nguyen Van S's petition to sue.

Forcing Mr. Ly Huy C and Mrs. Nguyen Thuy V to pay Mr. Nguyen Van S the amount of VND 2,361,228,250.

Recognizing Mr. Ly Huy C and Mrs. Nguyen Thuy V’s claim on the legal ownership of the house and the tenure of the land located at 35E3, Villa District P, Quarter 6, Ward P1, Th City, Binh Duong Province.

After completing his payment obligation, Mr. Nguyen Van S shall be obliged to remove all personal belongings from house 35E3, villa district P, ward P1, city Th, Binh Duong province; Mr. Ly Huy C and Mrs. Nguyen Thuy V shall have the right to contact competent state agencies to apply for the certificate of land use rights and house ownership in accordance with the law.

From the date the obligee file the petition for judgment execution, if the obligor fails to pay the above sum of money, they shall also bear liability for payment of the interest on the late judgment execution amount as prescribed in Article 357 and Clause 2, Article 468 of the Civil Code in Viet Nam corresponding to the time of delay in judgment execution.

4/. Regarding procedural costs and first-instance court fees.

- Mr. Ly Huy C and Mrs. Nguyen Thuy V must reimburse Mr. Nguyen Van S VND 2,000,000 for the cost of assessment and valuation of disputed real property.

- Regarding the first-instance court costs: Mr. Nguyen Van S shall be liable for VND 53,314,027. Deducting VND 15,000,000 of advance payment for the first-instance court cost received from Mr. S according to the receipt No. 0010715 dated July 21, 2017 of the Civil Judgment Execution Department of Binh Duong province. Mr. Nguyen Van S shall be liable for VND 38,314,027.

Mr. Ly Huy C and Nguyen Thuy V shall be liable for VND 79,224,565. Deducting VND 3,750,000 of advance payment for the court cost received from Mr. C and Mrs. V according to the receipt No. 0010744 dated August 21, 2017 of the Civil Judgment Execution Department of Binh Duong province. Mr. Ly Huy C and Mrs. Nguyen Thuy V shall be liable for VND 75,474,565.

5/. Regarding the appellate court costs: Refunding Mr. Nguyen Van S VND 300,000 of advance payment for the court cost (paid by Mr. Dang Ba K on Mr. S’s behalf) according to the receipt No. 0027160 dated November 15, 2019 of the Civil Judgment Execution Department of Binh Duong province.

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

7/. In cases where the court judgement is executed under the provisions of Article 2 of the Law on Civil Judgment Execution in Viet Nam, 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 and 9 of the Law on Civil Judgment Execution; the term of execution of the court judgement shall be subject to regulations laid down in Article 30 of the Law on Civil Judgement Execution.


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Judgement No. 223/2020/DS-PT dated july 10, 2020 regarding dispute over right to use land and associated property

Số hiệu:223/2020/DS-PT
Cấp xét xử:Phúc thẩm
Agency issued: Tòa án nhân dân cấp cao
Field:Dân sự
Date issued: 10/07/2020
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