05 judgments on disputes to reclaim seized land use rights in Vietnam

Below is a summary of judgments on disputes to reclaim illegally seized land use rights, please refer to:

1. Judgment 75/2017/DS-PT dated 14/07/2017 on disputes over land and property occupied by others

- Level of trial: Appellate

- Judicial body: People's Court of Dak Lak province

Quoting the content: "Ms. C determines that the house and land at N street, ward L, city B has received the lawful transfer of Mr. Nguyen Phi H and belongs to her. On April 30, 2014, Mrs. C locked the door of her house and returned to District E to handle family affairs, but on the afternoon of May 1, 2014, when she returned, she found that Mr. Nguyen M had broken the door lock and occupied the Ms. C's house illegally. After that, Ms. C made an application to the local government for settlement, but Mr. M still did not return the house, but illegally occupied Mrs. C's house and land since then. "

2. Judgment 84/2019/DS-PT dated November 19, 2019 on the lawsuit to reclaim the seized land use rights and cancel the contract of land use right transfer

- Level of trial: Appellate

- Judicial body: People's Court of Thanh Hoa province

Quote from the content: “Mr. Nguyen Huu B is the owner of the land area at Plot 951+ 952 which has been granted a land use right certificate by the People's Committee of Dong Son District (former) No. D 0957938. The original of the certificate of land use right he is still preserving and preserving. In 2006, because he moved to the South to do business, he leased the entire land area mentioned above to Mr. Nguyen H for a lease term of 07 years (from 2006 to 2013). orally, not in writing, the one-time payment of land rent is 19,500,000 VND, receipt of land rent by Mr. Hkeep. In 2010, he knew that the land area he leased to Mr. H had been granted a certificate of land use right by the People's Committee of Thieu Hoa district in Mr. H's name, but in fact, he did not sign a contract to transfer the land use right with Mr. H and did not hand over the original certificate receiving the land use right for Mr. H to carry out the procedures for separating the above-mentioned land plot.”

3. Judgment 25/2019/DS-PT dated 31/07/2019 on request to stop illegal occupation

- Level of trial: Appellate

- Judicial body: People's Court of Gia Lai province

Quoted content: "On March 23, 2012, Ms. H participated in an auction of assets including land use rights and construction works on land belonging to land plot No. 20, map sheet No. 147 in Nang village, commune I, district I. At the auction, she bought this property for 201,695,445 VND. Southern Auction and Consulting Services Co., Ltd., District I Civil Judgment Enforcement Sub-Department and Ms. have established the Auction Property Sale Contract No. 383/HDMB/SASC and notarized by Notary C's Office on April 3, 2012. On July 10, 2013, she was granted a Certificate of land use right, ownership of houses, and other land-attached assets by the People's Committee of District I, No. BP 208873 for the above-mentioned properties. On October 30, 2013, Ms. S and Mr. T went to the house that she was using to illegally occupy and use. I have repeatedly asked them to stop the illegal occupation of this house, but they did not.”

4. Judgment 16/2021/DS-PT dated 07/07/2021 on lawsuits claiming seized property

- Level of trial: Appellate

- Judicial body: People's Court of Ninh Binh province

Quoted content: "Mr. Ng won the auction of the right to use 1,898m2 of land for 6,200,000,000 VND, the origin of the land is the substitute property of Company X named after Mr. Pham Xuan Q and Ms. Nguyen Thi Thu H2. . According to the application as well as the handover minutes on September 20, 2019, Company X and Mr. Q's family must hand over the property to Mr. Ng by October 5, 2019. By the due date, Company X and Mr. Q's family did not hand it over and requested a delay of 02 days; Due to an unexpected family matter, it will be handed over on October 7, 2019. As of October 7, 2019, Company X and Mr. Q's family still did not hand over assets to Mr. Ng as committed."

5. Judgment 115/2020/DS-PT dated June 4, 2020 on the dispute over encroached land

- Level of trial: Appellate

- Judicial body: People's Court of Dak Lak province

- Quoting the content: "In 2010, Mr. Th and Mrs. H's family transferred to Ms. Le Thi X 01 land lot with an area of ​​3,020m2, belonging to land plot number 269 map sheet No. 08 located in commune E, city B. The process of using the land by the plaintiffs Mr. Th and Mrs. H said that Ms. Le Thi X had encroached on a part of the land area of ​​land plot No. 273, map sheet No. 8 located in E commune, City B. Land plot No. 273 Mr. Th and Mrs. H has been granted a certificate of land use right with an area of ​​3,220m2. Therefore, Mr. Th and Mrs. H filed a lawsuit forcing Ms. X to return 100m2 (2m x 50m) to the plaintiff."

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