Can Tho Court’s ruling on real estate case involving Lam Le Xuan, Ngo Nu

Tuesday, September 22, 2020 | 6:00:00

(VOVWORLD) - On July 17 and July 21, 2020, the Can Tho municipal People’s Court held public sessions in case no. 31/2016/TLST-DS dated June 7, 2016 on “Disputes on cancellation of land use right certificates and recognition of land use rights” in accordance with Trial court decision no. 65/2019/QĐST-DS dated May 15, 2019 between:

1. Plaintiff: Ms. Lam Le Xuan, born 1946. Address: 101, Tran Quang Dieu street, An Thoi ward, Binh Thuy district, Can Tho city. (Absent)

Legal representative: Ms. Le Thi Ngoc Tham. Address: My Thanh hamlet, My Phuoc commune, Mang Thit district, Vinh Long province. Power of attorney dated July 22, 2014. (Present)

Defense of Ms. Lam Le Xuan's legitimate rights and interests: Lawyer Le Thi Mi, Anh Tuan Law Office, Dong Thap provincial Bar Association. (Present)

2. Defendant:

2.1 Ms. Ngo Nu, born 1942. Address: 19 Tan Trao street, Tan An ward, Ninh Kieu district, Can Tho city. (Absent)

2.2 Mr. Thai Minh, born 1969. Address: 109 Tran Quang Dieu street, An Thoi ward, Binh Thuy district, Can Tho city. (Present)

Defense of Ms. Ngo Nu's legitimate rights and interests: Mr. Thai Minh.

Defense of Mr. Thai Minh's legitimate rights and interests: Mr. Ngo Hong Thuy, born 1974. Address: 206/102, Tran Phu street, Cai Khe ward, Ninh Kieu district, Can Tho city. Power of attorney dated July 17, 2019. (Present)

3. Related persons of rights and interests:

3.1 Mr. Thai Tien Dung, born 1953

3.2 Ms. Ngo Thi Phuong, born 1950

3.3 Mr. Thai Ngo Hung Linh, born 1979

3.4 Ms. Dinh Thi Minh Ly, born 1982

Mr. Thai Tien Dung, Ms. Ngo Thi Phuong, born 1950, Mr. Thai Ngo Hung Linh, and Ms. Dinh Thi Minh Ly, live at 103B, Tran Quang Dieu street, An Thoi ward, Binh Thuy district, Can Tho city. Ms. Ngo Thi Phuong is the legal representative of Mr. Dung, Ms. Ly, and Mr. Linh.

3.5 Mr. Lam Phuoc Vinh. Address: 332/6, Cach Mang Thang 8 street, ward 10, district 3, Ho Chi Minh city. (Absent with lawful informing document)

3.6 La Thi Thuy Kieu (spouse of Mr. Minh)

3.7 Thai Dang Khoa, born 1993 (son of Mr. Minh)

3.8 Thai Ngoc Thao, born 1992 (daughter of Mr. Minh)

Ms. Kieu, Mr. Khoa, and Ms. Thao live at 109 Tran Quang Dieu street, An Thoi ward, Binh Thuy district, Can Tho city. Mr. Thai Minh is their legal representative.

3.9 Nguyen Thi van, born 1979. Address: Giai Xuan, Phong Dien, Can Tho city. (Absent with lawful informing document)

3.10 Mr. Thai Loc, born 1966. Mr. Loc is Mr. Minh’s brother. He is living in the USA. His address is unknown.

3.11 Can Tho municipal People’s Committee (Absent)

3.12 Ms. Thai Nguyet. Address: 332 Tran Van Kheo street, Ninh Kieu district, Can Tho city. (Absent with lawful informing document)

3.13 Ms. Thai Ngoc Hao. Address: 347/160, Le Dai Hanh street, ward 13, district 3, Ho Chi Minh city. Mr. Thai Minh is her legal representative.

3.14. Ms. Thai Thi Tuyet Nga, Address: slot A3-A4, 91B residential area, An Khanh ward, Ninh Kieu district, Can Tho city. (Absent with lawful informing document)

3.15 Mr. Thai Phuoc. Address: 223 Xuan Thuy street, Hong Phat residential area, An Khanh ward, Ninh Kieu district, Can Tho city.

3.16 Ms. Thai Ngan. Address: 102 Nhon Nghia commune, Chau Thanh A town, Hau Giang province. (Absent with lawful informing document)

The court’s judgments were stated as followed:

*Pursuant to:

- Article 26, 37, 147, 153, 157, 165, 228, 266, 271, 273, 477 of the Vietnam Code of Civil Procedure;

- Article 634, 637, 646, 653, 655, 690 of the 1995 Vietnam Civil Code;

- Paragraph 1 Article 2 and Paragraph 2 Article 3 of the 1993 Vietnam Land Law;

- Article 11 of the Government’s Decree 60/1994/NĐ-CP dated July 5, 1994;

- Court fees ordinance 10/2009/UBTVQH12 issued on February 27, 2009 by the National Assembly Standing Committee and Decree 326/2016/UBTVQH14 issued on December 30, 2016 by the National Assembly Standing Committee, on court fee management;

*The court’s judgment is stated as followed:

1. Reject the plaintiff’s petition on cancellation of land use right certificates and recognition of land use rights for the plaintiff on land plot No. 108 and 110, map sheet No. 20, with the area of 241.9 square meters, described in the Certificate of land use rights and ownership of houses and other land-attached assets No. 05/99 issued by former Can Tho municipal People’s Committee, now the Binh Thuy district People’s Committee of Can Tho city on September 23, 1999 for Mr. Thai Phu Cuong.

2. Suspend the plaintiff’s petition including: (1) Nullify the House trade contract between Mr. Lam Van Hon and Mr. Thai Kim dated July 2, 1953; (2) Force Mr. Thai Minh and Ms. Ngo Nu to return houses and land plot No. 108 and 110, map sheet No. 20, with the area of 241.9 square meters, described in the Certificate of land use rights and ownership of houses and other land-attached assets No. 05/99 issued by former Can Tho municipal People’s Committee, now the Binh Thuy district People’s Committee of Can Tho city on September 23, 1999 for Mr. Thai Phu Cuong; (3) Force Ms. Phuong and Mr. Dung to return a 5x10m encroached land in the disputed land plot No. 108 and 110, map sheet No. 20, with the area of 241.9 square meters, described in the Certificate of land use rights and ownership of houses and other land-attached assets No. 05/99 issued by former Can Tho municipal People’s Committee, now the Binh Thuy district People’s Committee of Can Tho city on September 23, 1999 for Mr. Thai Phu Cuong.

3. Accept the defendant’s counterclaim. Recognize Mr. Thai Minh’s right of owning the house and land described in the Certificate of land use rights and ownership of houses and other land-attached assets No. 05/99 issued by former Can Tho municipal People’s Committee, now the Binh Thuy district People’s Committee of Can Tho city on September 23, 1999 for Mr. Thai Phu Cuong. Mr. Thai Minh shall carry out procedure to request a new Certificate of land use rights and ownership of houses and other land-attached assets in accordance with actual condition shown in attached blueprint.

Competent authorities are requested to issue Certificate of land use rights and ownership of houses and other land-attached assets for Mr. Thai Minh in accordance with the law.

4. Court fee

4.1 Ms. Lam Le Xuan is exempted from the court fee. She shall reclaim her advance court fee of 11,600,000 dong as described in Receipt No.000997 issued on May 27, 2016 by the Can Tho Department of Civil Judgment Enforcement.

4.2 Mr. Thai Minh shall receive the court fee deposit of 5,837,000 dong as described in Receipt No. 000017 issued on August 17, 2016 by the Can Tho Department of Civil Judgment Enforcement.

5. Appraisal fee: Ms. Lam Le Xuan already paid 3,200,000.

6. Judicial entrustment cost:

6.1 Judicial entrustment fee: Ms. Lam Le Xuan must pay the judicial entrustment fee of 200,000 dong, deducted from advance payment as described in Receipt No. 0003121 issued on December 18, 2017 by the Can Tho Department of Civil Judgment Enforcement.

6.2 Papers serving cost: Ms. Lam Le Xuan already paid 95 USD at the Vietcombank – Can Tho Branch.

6.3 Document handling fee: 100,000 VND. Already paid as described in a receipt issued on January 5, 2018 by the Can Tho municipal People’s Court.

7. Right to appeal: Parties have the right to file an appeal within 15 days of the announcement of the court’s decision. For absent parties with lawful informing documents, the appeal deadline is counted from the day the court’s decision is delivered to them.

If the court’s decision is executed in accordance with Article 2 of the Civil Judgment Enforcement Code, the judgment debtor and judgment beneficiary can negotiate, request, volunteer, or force to enforce the court’s decision in accordance with Article 6,7, and 9 of the Civil Judgment Enforcement Code. The statute of limitations for execution of the court’s decision is regulated by Article 30 of the Civil Judgment Enforcement Code.