08:34, 09/08/2023
Mr. Y Mien Mlo (born in 1960) and his wife, Dang Thi Thuy Lan (born in 1957, residing in Hamlet 7, Hoa Thuan Commune, Buon Ma Thuot City) reported to Dak Lak Newspaper that Mr. Vo Ngoc Hung (born in 1954) and his wife, Dang Thi Kieu (born in 1959, residing in Tan Loi Ward, Buon Ma Thuot City) had made false accusations to defraud and appropriate property. The lawsuit has gone through many trials in court, but to date there are still many problems.
The judge returned the case twice.
Mr. Y Mien said that he and Mr. Hung used to be sworn brothers (Y Mien was his younger brother). Since 2006, seeing that Mr. Y Mien's family's business of buying and selling green coffee was effective, Mr. Hung and his wife sent money to contribute capital to do business together (in the form of writing a loan paper). The parties agreed that every year after collecting the debt, they would settle the debt, divide the principal and interest among themselves, and then publicly tear up the documents of money transfer, capital contribution, and loan.
In April 2012, Mr. Hung discovered that Y Mien and his wife were involved in some property disputes with others, so he stopped contributing capital to the business. On May 29, 2012, the two sides met, compared the income and expenditure, and determined that Mr. Y Mien and Ms. Lan still owed Mr. Hung and his wife 490 million VND. To have money to pay the debts, Mr. Y Mien and his wife discussed selling 35,775 m2 of coffee plantation in Ea Krai village (Dlie Ya commune, Krong Nang district).
Because the land use right certificate (pink book) of this land area is mortgaged at the Central Credit Fund, Dak Lak branch, on the afternoon of May 29, 2012, Mr. Y Mien and his wife brought the money to pay off the Credit Fund, took out the pink book (in Receipt No. 10003 KHT K: May 29, 2012 Central Credit Fund, Dak Lak branch, the person who paid the amount of 300 million VND is Ms. Dang Thi Thuy Lan).
Knowing that Mr. Y Mien intended to sell the land, on the morning of May 30, 2012, Mr. Hung met him and expressed his desire to buy it to deduct the debt of 490 million. Mr. Y Mien and his wife agreed to transfer the above field for 1.967 billion VND. In the afternoon of the same day, both parties signed a contract with the content that Mr. Y Mien and his wife transferred the land use rights to Mr. Hung and Ms. Kieu for 500 million VND. According to Mr. Hung, the price was recorded like that to evade taxes (the contract was certified by Notary Office No. 1 - Provincial Department of Justice on May 30, 2012).
On June 15, 2012, the People's Committee of Krong Nang district issued Certificate of Land Use Rights No. BG 629544 for the entire area of 35,775 m2 of the above land to Mr. Hung and his wife. After that, Mr. Hung asked Mr. Y Mien and his wife to hand over the field, but because Mr. Hung had not paid the remaining amount of money to buy the field (after deducting the debt of 490 million VND) of 1.477 billion VND, Mr. Y Mien and his wife did not agree. From here, a dispute arose, and Mr. Hung and his wife filed a lawsuit against Mr. Y Mien and his wife in court.
The case has been tried by the People's Courts at all levels many times. In the first instance judgment on September 22, 2014, the People's Court of Krong Nang District rejected the lawsuit of Mr. Hung and Ms. Kieu. Mr. Hung and his wife appealed the first instance judgment. In the appeal judgment on February 5, 2015, the Provincial People's Court rejected the appeal of Mr. Hung and Ms. Kieu, 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 Decision of Chief Justice to annul the appeal judgment of the Provincial People's Court and annul the first instance judgment of the People's Court of Krong Nang District, and return the case file to the People's Court of Krong Nang District for retrial.
In Judgment No. 06/2020/DS-ST dated March 2, 2020 of the People's Court of Krong Nang District (second instance), the lawsuit of Mr. Hung and Ms. Kieu was dismissed. Mr. Hung and his wife continued to appeal. Judgment No. 187/2020/DS-PT dated October 5, 2020 of the Provincial People's Court (second instance) upheld the content of the first instance judgment. Mr. Hung and Ms. Kieu continued to appeal 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 appeal judgment of the Provincial People's Court and annulling the entire first instance judgment of the People's Court of Krong Nang District; transferring the case file to the People's Court of Krong Nang District for retrial.
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| Mr. Y Mien Mlo and his wife Dang Thi Thuy Lan talked to reporters about the incident. |
Many details need to be clarified
At the court hearings, Mr. Hung and Ms. Kieu provided a photocopy of the receipt with the following content: On August 30, 2010, Mr. Y Mien and Ms. Lan borrowed 2 billion VND from Mr. Hung and Ms. Kieu. Mr. Hung and Ms. Kieu stated: At the end of 2011, Mr. Y Mien had paid 50 million VND, still owing 1.950 billion VND. Mr. Mien and Ms. Lan transferred to Mr. Hung and Ms. Kieu 35,775 m2 of farmland in Dlie Ya commune for 1.790 billion VND to offset the debt. In addition, Mr. Hung and Ms. Kieu also paid 330 million VND on behalf of Mr. Y Mien and his wife to clear the mortgage and get the red book of the above land plot at the Central Credit Fund, Dak Lak branch.
On July 4, 2023, the People's Court of Krong Nang district held the first instance trial (third time), and issued judgment No. 35/2023/DS-ST (referred to as judgment No. 35) accepting the lawsuit request of Mr. Vo Ngoc Hung and Ms. Dang Thi Kieu regarding forcing Mr. Y Mien and his wife to pay the land use right value for an area of 35,775 m2 (equivalent to the amount of VND 3,040,875,000 - at the time of appraisal).
After the People's Court of Krong Nang District issued Judgment No. 35 on July 19, 2023, the People's Procuracy of Krong Nang District issued Decision No. 03/QD-VKS-DS to appeal the entire first-instance civil judgment mentioned above. Accordingly, the People's Procuracy of Krong Nang District found that based on the documents and testimony in court, there was not enough basis to determine that on August 30, 2010, Mr. Y Mien and his wife owed Mr. Hung and his wife 2 billion VND.
Regarding the amount of 330 million VND that Mr. Hung claimed he gave to Mr. Y Mien and his wife to pay off the credit fund debt, there is no basis. The court ordered Mr. Y Mien and his wife to pay Mr. Hung and his wife 3,040,875,000 VND for the right to use 35,775 m2 of land, which is groundless. According to the People's Procuracy of Krong Nang district, the first instance judgment assessed the evidence as not being objective, affecting the legal rights and interests of the defendant.
Le Thanh
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