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Because the tripartite agreement related to Agribank has not been clarified, the Panel decided to stay the trial for the lawyers to present additional arguments.
On March 25, the trial of former Vice President Nguyen Thanh Tai, the giant Duong Thi Bach Diep and their accomplices continued the debate.
Before that, at the afternoon trial on March 24, attorney Phan Trung Hoai (defending Ms Diep) suddenly provided a written agreement made on September 18, 2014, registering the mortgage beneficiary. Bach Duong Company and the lessee is Phan Thanh Company.
The property to be negotiated is real estate 179bis-181-183-185 Hai Ba Trung. However, at the time, the assets of 185 Hai Ba Trung were being pledged in Agribank. On September 18, 2014, Diep Bach Duong and Phan Thanh Company still signed the lease for the aforementioned real estate complex with the approval of Agribank.
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| Former Vice President Nguyen Thanh Tai |
Faced with this new fact, in today’s argument, President Pham Luong Toan questioned whether Agribank agreed to lease and if he knew that the property was complying with the exchange obligation, then carry out the lease.
Responding to the president’s questions, the Agribank representative said the reason the bank signed the lease is because the 4-property block 179bis-181-183-185 is adjacent to Hai Ba Trung. Upon handing it over to Diep Bach Duong Company, the land was dismantled, empty of 4 house numbers.
Disagreeing with this answer, lawyer Phan Trung Hoai said that there has been no decision to combine the previous four houses. They are all located in each house number, each individual role for each house.
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| Dai Gia Duong Thi Bach Diep |
Also according to Hoai’s lawyer, when the bank signs and certifies that asset 185 Hai Ba Trung is an asset that Agribank is managing and accepting as collateral, it means that in terms of legality and will, the bank knows that this asset is challenging. .
Then after 4 days of receiving the 185 Hai Ba Trung certificate, Diep Bach Duong Company transacted with Sacombank.
Therefore, according to Hoai’s lawyer, on September 18, 2014, Agribank learned that Ms. Diep had pledged her 185 Hai Ba Trung property, not as this bank indicates, it will not be known until 2017.
Attorney Hoai provided more, in the three-way agreement between Agribank, Diep Bach Duong Company and Phan Thanh Company, stating that Ms Diep’s company will keep 50% of the rent paid by Phan Thanh and the remaining 50% returned to Agribank.
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| The defendants in court |
In discussing the tripartite contract, the Agribank representative explained that, at that time, 3 assets at 179bis-181-183 Hai Ba Trung were being mortgaged by Ms Diep’s company in the bank.
Agirbank signed to confirm the lease of the other 3 properties and asset 185 Hai Ba Trung was inserted. In terms of policy, the bank agreed to allow Diep Bach Duong to trade with other conditions to mortgage other assets to the bank before they can disburse.
“On that basis, the confirmation of the 185 Hai Ba Trung property was somewhat forced. But due to the forced force, the bank only received 50% of the rent when the lease block. 50% of the debt collection failed it has to charge in full, but it excludes real estate 185 Hai Ba Trung, it only charges more than 3 legal assets ”, presented the Agribank representative.
The president said that the controversy surrounding the tripartite contract has not been clarified by those who have related rights and obligations. Therefore, the Panel requires all additional controversial issues, the lawyer sends the court in writing to have a plan to solve the case.
Therefore, the Panel decides to suspend the trial until the afternoon of March 26, which will make the next decision on the course of the case.
New evidence of a fraudulent case of the giant Duong Thi Bach Diep
While the giant Duong Thi Bach Diep claimed that Agribank falsified the mortgage file, the notary’s office provided all the evidence, showing that the defendant brought the secured property to exchange for state property.
D.Nga
