On August 15, the Civil Judgment Enforcement Department of Hai Duong province organized the enforcement of the judgment against Mr. Nguyen Duc C. in Thach Khoi ward (Hai Duong city) in the transfer of land use rights and assets on the land to Ms. Nguyen Thi T.
The enforcement of judgments is carried out according to the first instance civil judgment of the People's Court of Hai Duong province in November 2019 and the appeal judgment of the High People's Court in Hanoi in October 2020; according to the Decision on enforcement of judgments of the Provincial Civil Judgment Enforcement Department dated July 2, 2024.
According to the verdict, Mr. C. and Ms. T. lived together as husband and wife since 1986, had gone through wedding procedures but did not register their marriage.
At the end of 2016, Mr. C. and his wife had a conflict and did not live together. After that, Ms. T. went to live with her brother and sister-in-law.
Mr. C. and his wife have 2 children. Their common property is plot of land No. 258, map sheet No. 18, with an area of 198.5 square meters in Thach Khoi ward (Hai Duong city). Mr. C. declared this plot of land and completed the procedures to issue a land use right certificate in the names of both husband and wife.
Mr. C. and his wife also have a common property, which is land plot number 168, map sheet number 18, area 79.2m2 in Thach Khoi ward, which has been granted a land use right certificate in the name of Mr. C. and his wife's son.
Ms. T. filed a lawsuit in court requesting to cancel the land use right certificate granted to her son for plot number 168; and to divide the couple's common property.
According to the court's assessment, land plot No. 168, registered under the name of Mr. and Mrs. C's son, is the joint property of Mr. and Mrs. C. In 1995, Mr. and Mrs. C. received the transfer of land use rights for this land plot when their son was only 9 years old and did not have sufficient economic capacity and civil capacity. Ms. T. also did not complete the donation procedure and did not agree to give it to her son. On the other hand, according to the People's Committee of Hai Duong City, the dossier for granting a land use right certificate to Mr. and Mrs. C's son did not meet the required procedures.
The court decided that Mr. C. must hand over the entire area of 198.5 square meters and the construction works, assets, and trees attached to the land to his wife, Ms. Nguyen Thi T., to manage at plot number 258 in Thach Khoi ward. Ms. T. must pay the difference in assets to Mr. C. of more than 119 million VND. Mr. C. was given the entire plot number 168 with an area of 79.2 square meters in Thach Khoi ward.
The executor has worked with Mr. C. many times, but Mr. C. did not voluntarily execute the judgment and did not agree to hand over the land and assets on the land to Ms. T.
Enforcement is carried out in accordance with requirements, regulations and safety.
NT