08:34, 09/08/2023
Mr. Y Mien Mlo (born 1960) and his wife, Ms. Dang Thi Thuy Lan (born 1957, residing in Hamlet 7, Hoa Thuan Commune, Buon Ma Thuot City), reported to Dak Lak Newspaper that Mr. Vo Ngoc Hung (born 1954) and his wife, Dang Thi Kieu (born 1959, residing in Tan Loi Ward, Buon Ma Thuot City), allegedly made false accusations to defraud and seize property. The case has gone through several court hearings, but many unresolved issues remain.
The appellate court returned the case file twice.
Mr. Y Mien stated that he and Mr. Hung had previously considered each other sworn brothers (Y Mien as the younger brother). Since 2006, seeing the success of Mr. Y Mien's family's business in buying and selling young coffee beans, Mr. Hung and his wife invested money to start a joint business (in the form of a written loan agreement). The parties agreed that after collecting the debt annually, they would settle the accounts, divide the principal and interest, and publicly tear up all the documents related to the money transfer, investment, and loan.
In April 2012, Mr. Hung discovered that Y Mien and his wife were involved in several property disputes with other people, so he terminated his business partnership. On May 29, 2012, the two parties met to review income and expenses, determining that Y Mien and his wife still owed Mr. Hung and his wife 490 million VND. To repay the debts, Y Mien and his wife planned to sell 35,775 m² of coffee plantation in Ea Krai village (Dlie Ya commune, Krong Nang district).
Because the land use right certificate (land title deed) for this land area was mortgaged at the Central Credit Fund, Dak Lak branch, on the afternoon of May 29, 2012, Mr. and Mrs. Y Mien brought the money to settle the debt with the Credit Fund and retrieve the land title deed (according to Receipt No. 10003 KHT K: dated May 29, 2012, the Central Credit Fund, Dak Lak branch, the payer of 300 million VND was Ms. Dang Thi Thuy Lan).
Knowing that Mr. Y Mien intended to sell his land, on the morning of May 30, 2012, Mr. Hung met with him and expressed his desire to buy it to offset a debt of 490 million VND. Mr. and Mrs. Y Mien agreed to transfer the land for 1.967 billion VND. That same afternoon, both parties signed a contract stating that Mr. and Mrs. Y Mien transferred the land use rights to Mr. Hung and Mrs. Kieu for 500 million VND. According to Mr. Hung, this price was recorded to evade taxes (the contract was notarized by Notary Office No. 1 - Department of Justice of the province on May 30, 2012).
On June 15, 2012, the People's Committee of Krông Năng District issued Land Use Right Certificate No. BG 629544 for the entire 35,775 m² of land mentioned above to Mr. and Mrs. Hùng. Subsequently, Mr. Hùng requested Mr. and Mrs. Y Miên to hand over the land in person, but because Mr. Hùng had not yet paid the remaining amount for the land (after deducting the debt of 490 million VND), which was 1.477 billion VND, Mr. and Mrs. Y Miên refused. This led to a dispute, and Mr. and Mrs. Hùng filed a lawsuit against Mr. and Mrs. Y Miên in court.
The case has been heard multiple times by courts at various levels. In the first-instance judgment dated September 22, 2014, the Krong Nang District People's Court rejected Mr. Hung and Ms. Kieu's lawsuit. Mr. Hung and Ms. Kieu appealed the first-instance judgment. In the appellate judgment dated February 5, 2015, the Provincial People's Court rejected Mr. Hung and Ms. Kieu's appeal, upholding the content of the first-instance judgment. Mr. Hung and Ms. Kieu appealed to the High People's Court in Da Nang . On January 12, 2018, the High People's Court in Da Nang issued a Supervisory Review Decision, overturning the appellate judgment of the Provincial People's Court and the first-instance judgment of the Krong Nang District People's Court, and remanded the case back to the Krong Nang District People's Court for retrial.
In judgment No. 06/2020/DS-ST dated March 2, 2020, the Krong Nang District People's Court (second first instance) rejected the lawsuit filed by Mr. Hung and Ms. Kieu. Mr. Hung and Ms. Kieu appealed. Judgment No. 187/2020/DS-PT dated October 5, 2020, of the Provincial People's Court (second appellate) upheld the first instance judgment. Mr. Hung and Ms. Kieu then appealed to the High People's Court in Da Nang. On July 9, 2021, the High People's Court in Da Nang issued Decision No. 52/2021/DS-GDT, annulling the entire appellate judgment of the Provincial People's Court and the entire first instance judgment of the Krong Nang District People's Court; the case file was remanded to the Krong Nang District People's Court for retrial.
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| Mr. Y Mien Mlo and his wife, Dang Thi Thuy Lan, spoke with reporters about the incident. |
Many details need clarification.
At the court hearings, Mr. Hung and Ms. Kieu provided photocopies of receipts stating that on August 30, 2010, Mr. Y Mien and Ms. Lan borrowed 2 billion VND from them. Mr. Hung and Ms. Kieu explained that by the end of 2011, Mr. Y Mien had repaid 50 million VND, leaving a debt of 1.95 billion VND. Mr. Mien and Ms. Lan transferred 35,775 m² of farmland in Dliê Ya commune to Mr. Hung and Ms. Kieu for 1.79 billion VND as collateral for the debt. Furthermore, Mr. Hung and Ms. Kieu also paid 330 million VND on behalf of Mr. Y Mien and his wife to remove the mortgage and retrieve the land title deed for the aforementioned plot at the Central Credit Fund, Dak Lak branch.
On July 4, 2023, the Krong Nang District People's Court held its third first-instance trial and issued judgment No. 35/2023/DS-ST (referred to as judgment No. 35), accepting the lawsuit filed by Mr. Vo Ngoc Hung and Ms. Dang Thi Kieu, ordering Mr. and Mrs. Y Mien to pay the value of the land use rights for an area of 35,775 m² (equivalent to VND 3,040,875,000 at the time of appraisal).
Following the Krong Nang District People's Court's judgment No. 35 on July 19, 2023, the Krong Nang District People's Procuracy issued Decision No. 03/QD-VKS-DS appealing the entire aforementioned first-instance civil judgment. Accordingly, the Krong Nang District People's Procuracy found that, based on the documents and testimonies presented in court, there was insufficient basis to determine that on August 30, 2010, Mr. and Mrs. Y Mien owed Mr. and Mrs. Hung 2 billion VND.
Regarding the 330 million VND that Mr. Hung claimed to have given to Mr. and Mrs. Y Mien to repay the Credit Fund, this claim is unfounded. The court's order compelling Mr. and Mrs. Y Mien to pay Mr. and Mrs. Hung 3,040,875,000 VND for the value of the land use rights of 35,775 m² is also baseless. According to the Krong Nang District People's Procuracy, the first-instance judgment did not objectively assess the evidence, affecting the legitimate rights and interests of the defendants.
Le Thanh
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