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The High Level People’s Court of Ho Chi Minh City has just heard the review of cassation (GDT), declares to cancel both the appeal and first instance sentences, deliver the files to the People’s Court of the Tan Binh district (city of Ho Chi Minh) to retry the purchase of the house for 58 billion VND 28 billion sold at high speed.
Mr. Nguyen Van Quyen. Photo: PL
This is a case that attracts great public attention for its interesting legal details and the large amount of money in civil transactions.
Previously, the High Level VKSND in Ho Chi Minh City appealed to the GDT, requesting the same level court to hear in the direction of canceling both sentences. VKS believes that this is a dispute over a land assignment contract with property attached to the land, so it is necessary to apply the 2013 Land Law to resolve.
According to the Decision on Investment, the dispute in this case is a dispute over a land transfer contract with assets attached to the land, so the Land Law of 2013 must be applied to resolve.
At the same time, it is necessary to accept the request to cancel the contract between Mr. Nguyen Van Quyen and Tran Vu Truong because the two parties have agreed to cancel the contract in case of non-compliance with payment obligations.
Pursuant to Article 122, Article 168 of the Civil Code of 2005, Article 188 of the Land Law of 2013, the subsequent land transfer contract between Truong and Ms. Hoang Ngoc Diep has been invalid as the Ms. Diep has not yet registered or changed her name. Therefore, ownership of Mr. Quyen’s house and land has not been transferred to Ms. Diep.
According to the Investment Court, it is necessary to have a confrontation between Truong and Ms. Diep to clarify whether the establishment of a false transaction to hide the pledge transaction. Because Truong insists that he only promises his house and land at an interest rate of 3% per month to Ms. Diep.
Also, the transfer price of houses and land is not reasonable. Because after only 14 days of receiving the transfer with the price of 58 billion VND from Mr. Quyen, Truong has a “big discount” to 28 billion VND to transfer to Ms. Diep.
In two court hearings, Ms. Diep’s representative admitted that after signing the contract, she still agreed to allow Truong to redeem her home within three months.
According to the High Level People’s Court of Ho Chi Minh City, based on these judgments, there is a basis to determine that the School does not have the will to transfer this house or land to Ms. Diep. In solving the case, the two-tier court did not allow the opposing parties (Truong was released from prison in May 2017) to clarify whether Truong and Ms Diep set up a sham transaction to hide the promise transaction. trying property. Therefore, Ms. Diep has the right to sue Truong in another case.
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Six years turned against the lawsuit How Ho Chi Minh City Law Mr. Quyen’s real estate at 335 bis Le Van Sy, Hall 1, Tan Binh district was mortgaged. On October 2, 2014, Mr. Quyen paid the debt before maturity to the bank. On the same day, Mr. Quyen and his wife signed a notarized transfer and delivered the originals of the house and land documents to the School. According to the contract, the school has to pay 10 billion dong immediately after notarization, the remaining 48 billion dong must be paid no later than 45 days from the registration completion date, name change. The school agrees that if you do not comply, you must return the papers or you will lose the money paid. The next day, October 3, 2014, Truong updated the name and finished it. When Mr. Quyen arrived at the Tan Binh District Land Use Rights Registration Office to file a mortgage cancellation file, he discovered that the mortgage had been made three days earlier. From here, Mr. Quyen sued the contract to cancel the contract, but two levels of court dismissed the petition and forced his family out of the house. The court also proposed to consider Tran Vu Truong’s behavior for a criminal trial. The school is absent from court hearings. |
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