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Disputes to reclaim land use rights, property loan contracts


In an application sent to Vinh Long Newspaper Editorial Office, Ms. Nguyen Thi Thu (living in My Thuan clump, Tan Hoi ward, Vinh Long city) reflected on being encroached on and leveling the cultivated garden land with an area of ​​about 800m2. property damage as well as affect the interests of her family.

However, after learning about the case from the People's Committee of Tan Hoi ward, we learned that the land that Ms. Nguyen Thi Thu mentioned belongs to a religious establishment in the ward. Meanwhile, Ms. Thu and Mr. Nguyen Van Hue (Mrs. Thu's father), Mrs. Nguyen Thi Nho (Ms. Thu's mother) are defendants in the case "Dispute over reclaiming land use rights, property loan contract" which 2 People's Court of Vinh Long City and People's Court of Vinh Long province have tried. Both first-instance and appellate judgments forced Mr. Hue, Ms. Nho and Ms. Thu to dismantle and relocate fences and plants on the land area of ​​2m749,1 (actual area after measurement), belonging to the land area. land plot number 2 to return the right to use this land to the religious establishment (plaintiff), and at the same time force Ms. Thu's family to return the loan amount of VND 15 million.

According to the content of the judgment, in 1975, Mr. Hue and Mrs. Nho were lent a land of about 800m2 by a religious establishment for cultivation. On May 18, 5, there was a record of land handover between the two parties, which was confirmed by the local government with the content of the agreement: Mr. Hue and Mrs. Nho agreed to pay the 2017m2 religious establishment of the land that they had purchased. borrowed for farming since 800; The religious establishment gave Mr. Hue and Ms. Nho a loan of VND 2 million for a period of 1975 years to use as a source of capital to take care of the family's economy and allow them to continue to reside in the land attached to the house in plot 100 (bordering the area). land plot number 2), by the establishment in the name of the land use right certificate. The case began to arise in dispute in May 19 when Mr. Hue, Ms. Nho and Ms. Thu came to occupy, fence and plant trees on the land they returned at parcel 15, with the actual measurement status. economy has an area of ​​5m2019. Because the religious establishment did not agree to separate the plot for Mr. Hue, Ms. Nho was in the name of the certificate of land use right for the land attached to the house in parcel 15.

According to Vinh Long City's Civil Judgment Execution Branch, Nguyen Thi Thu's family has not yet dismantled or relocated fences and plants on the land area of ​​749,1m2 according to the decision that the appellate judgment has declared. Previously, Ms. Thu had asked the branch to invite representatives of religious establishments so that the two sides could meet and agree on the execution of the judgment. However, when the enforcer summoned the involved parties to handle the judgment enforcement, Ms. Thu was absent. In case Ms. Thu's household does not voluntarily dismantle or relocate fences and plants to return the land according to the decision of the judgment, the Civil Judgment Execution Sub-Department of Vinh Long City will distrain this property and handle it. handle the next steps in accordance with the law.

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