(QBĐT) - Quang Binh Newspaper received a petition from Ms. LTS (residing in Hung Trach commune, Bo Trach) accusing Mr. Ho Van Viet (born in 1978, hometown of residential group 9, Bac Ly ward, Dong Hoi city), who used to be Ms. S's son-in-law, of fraud, appropriation of property, and property destruction. So what is the truth of the matter?
Content of the complaint
Ms. LTS stated: In 2019, her daughter married Mr. Ho Van Viet (with whom she has a son). During their cohabitation, conflicts arose between the couple, leading to their divorce in 2020.
Previously, in 2018, Mr. Ho Van Viet and Ms. LTS pooled money to buy back the land plot of Mr. Tran Van Thai in Khuong Ha 3 village, Hung Trach commune. Then, they split it into two plots on the same map sheet No. 23, Hung Trach commune, including plot No. 500 owned by Ms. LTS, plot No. 418 in Mr. Ho Van Viet's name.
After divorcing Ms. LTS's daughter in December 2022, taking advantage of the time when Ms. S. was home alone, "old age, weak health, poor eyesight, no awareness and education, gullible, gullible, not understanding land law and related documents and papers", Mr. Ho Van Viet told Ms. S. that he wanted to divide 7 square meters of land for Ms. S.'s daughter to build a house and take care of their son. However, Ms. S. had to agree to merge 2 land use right certificates (LURCs) including plot number 500 and plot number 418 into one for Mr. Viet to stand in his name, then he could proceed with the separation of the plot for Ms. S.'s daughter (Ms. S. wrote a commitment with Mr. Ho Van Viet on December 20, 2022).
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To merge 2 plots of land, Mr. Ho Van Viet and Ms. LTS went to Nguyen Thanh Xuan Notary Office (No. 142, Pham Van Dong Street, Duc Ninh Ward, Dong Hoi City) to establish a contract to transfer land use rights and assets on land belonging to plot 500 (owned by Ms. S.) to Mr. Ho Van Viet, the transfer value stated in the contract is 1,550 million VND.
During the process of Ms. LTS handing over the Land Use Right Certificate to Mr. Ho Van Viet, many conflicts have arisen up to now. Ms. S. said that, in addition to the fraudulent appropriation of the Land Use Right Certificate, Mr. Viet had illegally entered her house at least 3 times, beaten people, and dumped soil to destroy many trees and properties (on February 5, 9, and 10, 2023).
To ensure her legitimate rights and interests, Ms. LTS denounced Mr. Ho Van Viet's wrongdoings to the authorities, requesting clarification of signs of fraud, property appropriation, violation of residence, and property destruction.
Is there any fraudulent appropriation of property?
Speaking to reporters, Mr. Ho Van Viet said: “It is true that I met Ms. LTS to discuss the merger of two plots of land 500 and 418, map sheet number 23, Hung Trach commune into one plot under my name. This agreement was committed by Ms. S. in the commitment paper written by Ms. S. on December 20, 2022. After that, we went to Nguyen Thanh Xuan Notary Office to make a transfer contract. The transfer contract has the signature and address of Ms. LTS.”
Regarding the amount of more than 1,550 million VND recorded in the contract for transferring land plot 500 and assets attached to the land, Mr. Ho Van Viet stated that it was for the convenience of merging two land plots number 500 and number 418, and that he did not pay Ms. S. the amount of 1,550 million VND upon completing the transfer procedures.
After the transfer contract was established at Nguyen Thanh Xuan Notary Office (No. 10129, Book No. 12/2022TP/CC-SCC/HĐGD, dated December 21, 2022), Mr. Ho Van Viet contacted the cadastral officer of Hung Trach commune and the competent authorities to re-determine the boundaries of the two plots of land No. 500 and No. 418. During the measurement process, a conflict arose between Mr. Viet and Mr. Tran Hoai Nam (owner of plot 402, adjacent map sheet No. 23). While Mr. Viet and Mr. Nam were trying to negotiate a solution, Ms. LTS accused Mr. Ho Van Viet of fraud, appropriation of the Land Use Right Certificate; encroachment on her residence and destruction of her property.
| Judge, Chief Justice of Bo Trach District People's Court, Mr. Nguyen Xuan Dieu confirmed: The District People's Court has received the lawsuit of Mr. Ho Van Viet along with related documents and papers. Currently, the District People's Court is in the process of accepting and resolving the case according to the law. |
Regarding contract No. 10129 on the transfer of land and assets attached to the land between Ms. S. and Mr. Viet, when the reporter verified at the Nguyen Thanh Xuan Notary Office, it was found that it was carried out in accordance with the correct procedures and legal procedures certified by notary Tran Van Le on December 21, 2022. All pages show the signatures and fingerprints of Mr. Viet and Ms. S.
Regarding Ms. LTS's complaint, after receiving and handling it, Hung Trach Commune Police issued a conclusion document No. 27/CAX, dated February 28, 2023, signed by Senior Lieutenant Le Phuc Loc, Deputy Chief of Commune Police. Accordingly, it was affirmed that Mr. Ho Van Viet showed no signs of fraud, appropriation of property, and violation of other people's residence. Regarding the act of property destruction, Hung Trach Commune Police is continuing to verify and determine the damaged property.
After Ms. LTS wrote a complaint against him, on March 15, 2023, Mr. Ho Van Viet also filed a lawsuit against Ms. S. at the People's Court of Bo Trach district, requesting the court to declare invalid the contract for the transfer of land use rights and assets attached to land No. 10129, dated December 21, 2022 between Ms. LTS and Mr. Ho Van Viet established at Nguyen Thanh Xuan Notary Office, and return the Land Use Rights Certificate for land plot No. 500, map sheet No. 23, Hung Trach commune to Ms. LTS.
Thus, initially, there is not enough basis to confirm that Mr. Ho Van Viet committed fraud and property appropriation as alleged by Ms. LTS.
Readers' Reporter Group
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