How does a Mercedes driver sell his detained house? | Law



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At the trial, the defendant Nguyen Tran Hoang Phong (a Mercedes driver caused an accident causing the death of the driver and 79% of the injured stewardess) there was a remarkable episode: the defendant notarized the sale of the apartment. apartments for biological mother during detention. Defense attorneys ask the panel to consider and handle because this behavior has signs of property scattering to avoid civil compensation.

Must offset nearly 1.5 billion but no property

However, in the ruling, the Phu Nhuan District People’s Court, Ho Chi Minh City, said that the person involved in this matter could sue and propose to distract the property with a civil case. Regarding the judicial level, the court sentenced Phong to seven years and six months in prison for violating the rules on participation in road traffic.

On the civil side, the Panel recognized defendant Phong’s willingness to accept compensation for the two victims for a total of 1,477 billion VND.

However, the defendant’s interrogation party said that the property only has an apartment bought with his mother and that while he waits for the court to notarize the sale to the mother, now there is no other property to compensate. victim.

Phong stated that at the time of signing the transfer, the defendant was in custody, there was a person at the notary’s office and the policeman came and brought the papers to ask Phong to sign them. The defendant signed but did not know what the papers were.

In response to the court, Ms. Tran Hoang Hoa Mi (defendant Phong’s biological mother) submitted that when she heard that the compensation amount was too large, she thought she would take the house to mortgage to the bank in exchange for compensation. However, because the house did not have a red book, no bank accepted, so she transferred the name of the house to someone else (?!).

To have more information about this incident, the Ho Chi Minh City Law reported the incident through collected documents.

According to the records, on June 18, Ms. Tran Hoang Hoa Mi (the mother of defendant Phong) sent a request to the Phu Nhuan District Police Police Department with the content of meeting with the detained person (i.e. , Phong-PV).

In the application, Ms Mi presented the defendant Phong as the transferee of the contract for apartment A14-9 in the Dream Home apartment project (148/21, 59 street, ward 14, Go Vap district, HCMC). in accordance with the sales contract dated May 18, 2015, notarized and certified by the investor.

How does a Mercedes driver sell his house when he is detained?  - Photo 1
The defendant Nguyen Tran Hoang Phong in court. Photo: HOANG GIANG

Currently, Ms. Mi and the defendant Phong have the need to notarize the transfer document of the apartment purchase and sale contract to transfer the apartment sale contract to Ms. Mi. “Therefore, I respectfully request this request to the Phu Nhuan District Police Department of the CSDT to allow me and the representative of the Notary (VPCC) Dong Thi Hanh, Ho Chi Minh City, to meet with Phong to perform the procedures. certification. according to the law ”- he clearly stated.

Then, on June 22, the transfer of the apartment purchase contract between Ms. Mi and the defendant Phong was notarized by VPCC Dong Thi Hanh (Ngo Gia Tu Street, District 10).

The content of the contract shows that the apartment has a heart area of ​​61.7 m2 and the free space is 59.6 m2. The sale price of the apartment under the contract is VND 970,540,000, not including VAT, the cost of maintaining the apartment’s shared area, registration fees, certification fees, and fees. The amount that Phong paid to the investor was 1,053,316,053 VND (equivalent to 97% of the total value of the contract).

The attached documents include: sale contract number 53-05 / 2015 dated 5-18-2015 and annexes; written transfer of the commercial house sale contract notarized and certified by the investor on April 6, 2018; payment receipts. There is also a confirmation dated June 10, 2020 from the investor who has not submitted a dossier to request a competent state agency to issue a certificate for the apartment and agrees to allow Phong to transfer the apartment. .

The transfer value of the contract between Phong and his mother is 1,053,316,053 VND (including the amount of money that the defendant Phong has paid to the investor). Ms. Mi pays this to Phong immediately after the transfer document is notarized. In addition, the written assignment of the apartment sale contract also stipulates the payment of taxes, fees and charges, rights and obligations, as well as commitments of the two parties …

Finally, this document is certified by Vpcc Dong Thi Hanh before a notary.

In jail there are still days to return, we are …

On December 17th we went to see Ms. Le Thuong Van, the biological son and legal representative of victim Le Manh Thuong (the driver of a car with lost technology after the accident).

Ms. Van is still not excited after the trial trial on December 16. She said that Mr. Thuong still got up at 4 am to exercise, ate breakfast, then drove the car until noon to eat, take a lunch break, and then continue working in the afternoon. Then, in the early morning of the accident, he drove as usual, but never returned.

According to Van, no injury equals old age without people by his company. Father died, his mother’s mood has also been unstable since then. Illness, diabetes, blood pressure, and heart disease broke out, so she had to stay with her family for convenient care. For her, from that day on, every time I looked at the table with an empty seat, I carried a bowl of rice and my nose itched. The image of his father’s daily activities kept appearing in tears …

How does a Mercedes driver sell his detained house?  - Photo 2
Le Tuong Van (left cover), the biological son of the late Le Manh Thuong, was in court. Photo: HOANG GIANG

Ms. Van said that her family’s pain is the same as Huong’s (the flight attendant – PV) due to injury throughout her life, which no money can compensate. However, Phong’s mother, every time she was supposed to visit us, kept complaining and recounting her situation. Is that called goodwill? The attitude to overcome losses is important, making people feel sympathy!

Mrs. Van choked: “A mother who loves her child is very normal, some things cannot be fixed. However, when Ms. Mi loves her children, she also thinks of other people’s children. If your children have served the final sentence, one day they return and continue to care for your family. As for us, some lost their lives, while others were disabled … ”.

According to Ms. Van, it is unusual for the defendant to quickly change the name of the property while the case is being investigated, making it difficult to think clearly. “We will appeal to Phong’s one-time claim for compensation, or we will force the car rental company and the vehicle owner to share responsibility,” Van said. PHUONG LOAN



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