Mr. H1 is authorized to continue managing and using this land. Mr. H1 is responsible for registering and declaring to be granted a Land Use Rights Certificate.

He did not request to divide. Mrs. M stated that she did not know there was a will for the disputed land. Mr. G filed a lawsuit requesting division, she had no opinion. If she was given the division, she would not accept it but let Mr. G receive her share. Mrs. N and Mrs. L stated that when their parents were still alive, they made a will leaving the disputed land to Mr. H1. Mr. G's lawsuit was incorrect. If the area granted with the certificate had any surplus to divide, she would not accept it, Mr. G and Mr. H1 would resolve it themselves.

- Ms. Nguyen Thi Phuong T presented :

Mr. H1 is her husband. Her husband's parents divided the land among her husband's brothers, each of whom has a share. The dispute between Mr. G and Mr. H1 was decided by Mr. H1, and Ms. T had no opinion.

- Ms. Nguyen Thi B presented :

Mr. G is Mrs. B's husband. She is suing for divorce from Mr. G. She has no opinion on the inheritance dispute between Mr. G and Mr. H1. She refuses to participate in the proceedings in this case.

Maybe you are interested!

In the first instance civil judgment No. 54/2016/DS-ST dated October 18, 2016 of the People's Court of Chau Thanh district, Tay Ninh province, it was ruled that:

Apply Article 228 of the Civil Procedure Code.

Apply Articles 666; Article 691 of the 1995 Civil Code. Articles 642;

Article 663; Article 674; Article 676; Article 685; Article 689; Article 733 of the Civil Code

2005.

Apply Article 203 of the Land Law.

Apply Article 27 of the Ordinance on Court Fees and Charges.

Partially accept the lawsuit request of Mr. Pham Thanh G regarding the division of inheritance for the land area of 3,996.6 m2 located in Hamlet L, LV Commune, CT District, Tay Ninh Province, which is being managed and used by Mr. Pham Thanh H1.

Mr. Pham Thanh H1 has the obligation to deliver to Mr. Pham Thanh G the amount of money

90,101,550 VND (ninety million, one hundred and one thousand, five hundred and fifty VND).

The entire inheritance of an area of 3,996.6 m2 belongs to a part of plots 26, 554 on map sheet 13 of 2010 located in Hamlet L, LV Commune, CT District, Tay Ninh Province under the right of use of Mr. Pham Thanh H1, including the following land parts:

- The part outside of Mr. H1's Land Use Right Certificate, not yet granted a Land Use Right Certificate, area 509.9 m2 , cut plot number 554, map sheet number 13, year 2010 (old plot number 504, 505, map sheet number 09) has the following boundaries:

+ To the East, it borders plot number 554, map sheet number 13;

+ The West borders plot number 25, map sheet number 13;

+ To the South, it borders plot number 25, map sheet number 13;

+ The North borders plot number 01, map sheet number 13.

- The part outside of Mr. H1's Land Use Right Certificate, area 510 m2 , part of plot number 554, map sheet number 13, 2010 (old plot number 520, map sheet 09 issued to Mr. Pham Van B according to Land Use Right Certificate number 01127 QSDD/E10, dated September 20, 1994) has the following boundaries:

+ The East borders plot number 43, map sheet number 13;

+ The West borders plot number 72, map sheet number 13;

+ South side borders plot number 71, map sheet number 13;

+ The North borders plot number 554, map sheet number 13.

- The part outside of Mr. H1's Land Use Rights Certificate has an area of 2,976.7 m2 , part of plot number 26, 554, map sheet number 13, 2010 (old plot number 511,

516, 517, 519, 528, 535 map sheet No. 09, area 2,683.7 m2, no Land Use Right Certificate yet issued; separate old plot No. 526, 527, 534 map sheet No. 09

Area of 293 m2 granted to Mr. Pham Thanh G according to land use right certificate No. 01259 QSDD/E10 dated September 20, 1994) has the following boundaries:

+ East side borders Rach Cam;

+ The West borders the dirt road and plot number 54, map sheet number 13;

+ The South borders plot number 554, map sheet number 13 (the part where Mr. B has the right to use the land with an area of 510 m2 , old plot number 520, map sheet 09) and borders plots number 43, 44, map sheet number 13;

+ The North borders plot number 26, 554, map sheet number 13.

(with diagram number: 2012/SĐHT dated August 11, 2016 of the Land Registration Office)

Tay Ninh Province - CT Branch on the attached land plot status diagram)

Mr. H1 is responsible for registering and declaring to be granted a land use right certificate according to the provisions of law when the judgment comes into effect.

Not accepting the request to divide the inheritance of Mr. Pham Thanh G to Mr. Pham Thanh H1 regarding the land area of 6,540 m2 according to the land use right certificate No. H01315/3907/2006/HD-CN dated October 27, 2006 issued by the People's Committee of CT district, Tay Ninh province to Mr. Pham Thanh H1.

In addition, the judgment also ruled on the obligation to delay execution of the judgment, court fees, and costs.

measurement, valuation and the parties' right of appeal.

On October 24, 2016, Mr. H1 appealed. On November 25, 2016, Mr. H1 filed a supplementary appeal stating: the land his parents had given him was in a will, and the certificate had been issued in 2006. He had also purchased the remaining land, received it for cultivation, and had declared it in his name as the land use right certificate. His parents had not yet been issued the certificate. The appellate court requested that the first instance judgment be amended to not accept the plaintiff's request to initiate a lawsuit.

At Court, Mr. H1 still maintained his appeal request. The representative according to

Authorized by Mr. G, Ms. Duong My H maintains the lawsuit request.

JUDGMENT OF THE COURT

After studying the documents in the case file examined at the trial and based on the results of the debate at the trial and the opinions of the Prosecutor, the Appellate Court determined :

[1] Regarding the proceedings: At the appeal hearing, the Prosecutor was absent. Pursuant to Article 296 of the Civil Procedure Code, the Trial Panel still proceeded with the trial.

[2] Regarding the content: Considering Mr. H1's appeal request, it is found that the area of disputed land through actual measurement has an area of 10,536.6m2 ( area on the map is 10,628.7m2 ) , Mr. H1 stated that his parents gave him by will on August 11, 2000 an area of 7,297m2 . The two parties completed the name change procedure but the State only granted 6,540m2 , he stated that he bought the remaining 1,300m2 , the remaining area was also given by his parents in will.

Will and handwritten paper dated August 11, 2000. Mr. G signed both of the above papers, but Mr. G did not admit that his parents left them, although Mr. H1 presented 2 original copies. Through verification, the person who wrote the will and handwritten paper of sale was Mr. Nguyen Van V, when making the will, Mr. V was the team leader. Mr. V confirmed that the will was made according to the will of Mr. B and Mr. U (BL 172). Mr. C (brother of Mr. H1 and Mr. G) confirmed that his parents made a will on August 11, 2000 (BL 166). Because Mr. G did not admit it, an appraisal was requested. In the appraisal conclusion No. 786/C54-P5 +P3 dated March 21, 2013 of the Ho Chi Minh City Institute of Forensic Science and Crime Prevention, it was concluded that Mr. B and Mr. U's fingerprints were "blurred", not sufficient for appraisal, and Mr. G's signature in the will was signed by Mr. G.

[3] Regarding the handwritten document of the sale of the field on August 11, 2000, the court of first instance has not yet appraised it. At the appeal hearing on March 21, 2017, Mr. G affirmed that he did not sign it. If the appraisal confirmed that he had signed the document of the sale of the field on August 11, 2000 presented by Mr. H1, he would withdraw the lawsuit. However, after the trial was adjourned, Mr. G did not agree to file a request for appraisal, Mr. H1 had to file a request and pay an advance for the appraisal fee. In the appraisal conclusion No. 1884/C54B dated June 27, 2017 of the Institute of Criminal Science under the Ministry of Public Security, it was concluded that the signature on the document of the sale of the field on August 11, 2000 was Mr. G's.

[4] The appraisal results show that before they died, Mr. B and Mr. U divided the land among their children. Of which, the son had 5 cong, the daughter had 3 cong, the children had accepted to use it without dispute, the remaining part had a will and a paper selling the land to Mr. H1 with an area of 7,197 m2, which was true. Mr. G did not acknowledge that his parents had made a will, and the handwritten paper selling the land to Mr. H1 was dishonest. In fact, after receiving the land Mr. G was living on, the will had a condition that Mr. G had to hold a memorial service for Mr. U later, but he did not fulfill his obligation. After Mr. U became ill, Mr. H1 took her in and raised her until she died, held a funeral and held a memorial service until now (Mr.

B, Mr. H1 worships and makes offerings to the deceased, according to the will he made). Thus, there is sufficient basis

determined that Mr. H1 was left a will of 7,197 m2 of land by Mr. B and Mr. U , Mr. H1 bought it

1,300 m2 , total 8,497 m2 . But Mr. H1 was only granted a certificate of 6,540 m2 , currently the actual measurement of the land Mr. H1 is using is 10,036.6 m2 , the difference between the will and the purchased area compared to the actual measurement is 2,039.6 m2 , compared to the granted certificate is 3,996.6 m2 . According to Mr. B's will, Mr. U determined that there was only 7,197 m2 left, made a will and sold it to Mr. H1. The children cannot dispute but also need to be considered specifically:

The excess land compared to the certificate issued to Mr. H1 is 3,996.6 m2 , of which the certificate has not been declared, Mr. H1 used it before, which is 3,193.6 m2 . Therefore, it is not considered the inheritance of Mr. B and Mr. U, but is under the management and use of Mr. H1, Mr. H1 has the right to declare and register according to regulations; The land of 293 m2 that Mr. H1 used but the certificate was issued to Mr. G, Mr. G did not dispute, so Mr. H1 has the right to adjust accordingly; The land of 510 m2 that Mr. H1 used, but Mr. B and Mr. U are the ones in the land use right certificate, the land that Mr. H1 received from the will, from the transfer of Mr. B and Mr. U is enough. Therefore, the land of 510 m2 is the inheritance of Mr. B and Mr. U, and needs to be divided according to the provisions of law. Specifically, 510 m2 is worth

21,930,000 VND, land is handed over to Mr. H1 for management and use. Force Mr. H1 to hand over to Mr. G 02 parts (of Mr. G, Mrs. M) of 14,620,000 VND. Record other heirs do not request to divide. Therefore, amend the first instance judgment.

[5] Regarding the first instance civil court fees, measurement and valuation costs: Mr. Pham Thanh G must pay 731,000 VND; Mr. Pham Thanh H1 must pay 365,500 VND. It is noted that Mr. Pham Thanh G voluntarily paid 5,684,680 VND.

[6] Regarding civil appeal court fees: Mr. Pham Thanh H1 does not have to pay.

Mr. Pham Thanh G must also pay 1,200,000 VND for signature appraisal costs. Mr. G is required to return 1,200,000 VND to Mr. H1.

For the above reasons,

DECISION

Pursuant to Clause 2, Article 308 of the 2015 Civil Procedure Code;

Partially accept the appeal request of Mr. Pham Thanh H1.

Amending the first instance civil judgment No. 54/2016/DSST dated October 18, 2016 of the People's Court of Chau Thanh district, Tay Ninh province.

Apply Article 228 of the Civil Procedure Code.

Apply Articles 666 and 691 of the 1995 Civil Code; Articles 642, 663, 674, 676, 685, 689, and 733 of the 2005 Civil Code; Article 203 of the Land Law; Article 27 of the Ordinance on Court Fees and Charges;

1. Partially accept Mr. Pham Thanh G's request to file a lawsuit regarding the division of inheritance for the land outside of Mr. H1's Land Use Rights Certificate, area 510 m2 , part of plot number 554, map sheet number 13, 2010 (old plot number 520, map sheet 09 issued to Mr. Pham Van Bien according to Land Use Rights Certificate number 01127 QSDD/E10, dated September 20, 1994) with the following provisions:

+ The East borders plot number 43, map sheet number 13;

+ The West borders plot number 72, map sheet number 13;

+ South side borders plot number 71, map sheet number 13;

+ The North borders plot number 554, map sheet number 13.

(with diagram number: 2012/SĐHT dated August 11, 2016 of the Land Registration Office)

Tay Ninh Province - CT Branch on the attached land plot status diagram)

1.1. Mr. H1 is assigned to continue managing and using this land. Mr. H1 is responsible for registering and declaring to be granted a land use right certificate according to the provisions of law when the judgment comes into effect.

1.2. Mr. H1 is required to pay back to Mr. G the amount

14,620,000 VND (fourteen million six hundred and twenty thousand VND).

2. Do not accept Mr. Pham Thanh G's request to divide the inheritance from Mr. Pham Thanh H1 regarding the land area of 10,026.6 m2 according to the land use right certificate No. H01315/3907/2006/HD-CN dated October 27, 2006 issued by the People's Committee of CT district, Tay Ninh province to Mr. Pham Thanh H1.

From the date Mr. G filed a request for enforcement of the judgment, if Mr. H1 has not yet executed the above amount, Mr. H1 must also pay Mr. G monthly interest corresponding to the amount and time of non-enforcement of the judgment at the time of payment as prescribed in Article 468 of the 2015 Civil Code.

Regarding the cost of measuring, appraising assets, and verifying signatures : It is recorded that Mr. Pham Thanh G voluntarily paid 5,684,680. It is recorded that Mr. G has paid in full.

3. Regarding court fees:

3.1. First instance civil court fees:

Mr. Pham Thanh G must pay 731,000 VND in first instance civil court fees, but the amount of 750,000 VND in advance paid court fees according to receipt number 0006082 dated November 4, 2009 and 1,870,000 VND in advance paid court fees according to receipt number 0007050 dated February 24, 2014 of the Civil Judgment Enforcement Office of Chau Thanh district, Tay Ninh province will be deducted from the amount of 1,889,000 VND.

Mr. Pham Thanh H1 must pay 365,500 VND in first instance civil court fees.

3.2. Regarding civil appeal fees:

Mr. Pham Thanh H1 is not liable. Refund to Mr. H1 200,000 VND of the advance payment for civil appeal fees paid according to receipt number 0017093 dated November 1, 2016 of the Civil Judgment Enforcement Office of Chau Thanh district, Tay Ninh province.

3.3. Regarding signature appraisal costs : Mr. Pham Thanh G must also bear

1,200,000 VND. Mr. G is required to pay Mr. H1 the amount of 1,200,000 VND.

In case the judgment or decision is enforced according to the provisions of Article 2 of the Law on Civil Judgment Enforcement, the person entitled to civil judgment enforcement and the person subject to civil judgment enforcement have the right to agree on judgment enforcement, the right to request judgment enforcement, voluntarily enforce the judgment or be forced to enforce the judgment according to the provisions of Articles 6, 7 and 9 of the Law on Civil Judgment Enforcement; the statute of limitations for judgment enforcement is implemented according to the provisions of Article 30 of the Law on Civil Judgment Enforcement./ .

The appellate judgment takes legal effect from the date of judgment.

Recipient : TM. APPEAL BOARD

- People's Procuracy of Tay Ninh province ; JUDGE - CHAIRMAN OF THE COURT

- District People's Court; (Signed)

- District THADS Department

- The parties;

- Save records;

- Save the file .

Nguyen Van Son

SUPERIOR PEOPLE'S COURT OF THE SOCIALIST REPUBLIC OF VIETNAM

IN DA NANG Independence – Freedom – Happiness Final decision

No: 38/2017/DS-GDT Date 06-07-2017

Re: Contract Disputes

transfer of land use rights

and claim back the money to build the house.

IN THE NAME OF

SOCIALIST REPUBLIC OF VIETNAM

JUDICIAL COMMITTEE

HIGH PEOPLE'S COURT IN DA NANG

- The composition of the High People's Court Judges Committee includes:

Presiding Judge: Ms. Le Thi Ngoc Ha - Deputy Chief Justice

Judges: Mr. Nguyen Van Tien and Mr. Dang Kim Nhan

- Court Secretary: Ms. Lu Thi Hang - Court Secretary

- Representative of the High People's Procuracy in Da Nang participating in the trial: Mr. Thai Van Doan - Prosecutor.

On July 6, 2017, at the headquarters of the High People's Court in Da Nang, a final appeal hearing was opened to try the civil case "Dispute over land use rights transfer contract and claim for house construction money" between the parties:

Plaintiffs : Mr. Nguyen Van H and Ms. Ha Thi H; both residing on A Street, K City, Kon Tum Province.

Defendant : Ms. Dinh Thi T; residing in residential group A, town P, district N, Kon Tum province.

People with related rights and obligations :

1. Mr. Le Van P;

2. Mr. Dinh Thanh D;

3. Mr. Dinh Hong Q;

4. Mr. Dinh Xuan H;

5. Ms. Dinh Thi N;

Living in residential group A, town P, district N, Kon Tum province.

6. Mr. Do Van T.

7. Mrs. Tran Thi Trung T;

Living in residential group number B, town P, district N, Kon Tum province.

CASE CONTENT:

According to the lawsuit and the proceedings, Mr. Nguyen Van H and Ms. Ha Thi H stated that: Previously, Ms. Dinh Thi T had a plot of land on B Street, Group A, P Town, N District, Kon Tum Province that had not been granted a land use right certificate. When applying for a land use right certificate but did not have money to pay taxes, Ms. T verbally agreed with Mr. H that Mr. H was responsible for paying taxes on Ms. T's behalf, including overdue taxes as prescribed by law, and other expenses so that Ms. T could be granted a land use right certificate for the above plot of land. When the land use right certificate was issued, Ms. T would separate a plot of land 6m wide and 20m long for Mr. H and his wife. After reaching an agreement, the two parties signed a land use right transfer contract on December 20, 2004. Mr. H paid VND 14,916,660 in taxes to Ms. T and other expenses. On April 6, 2006, Ms. T was granted a land use right certificate by the People's Committee of N district, Kon Tum province, but Ms. T did not complete the procedures to transfer the land use right and separate the land for Mr. H and Mrs. H, so Mr. and Mrs. H filed a lawsuit requesting Ms. T to continue to perform the land use right transfer contract as agreed. In addition, in 2005, Ms. T and Mr. H also verbally agreed with each other on the following content: Mr. H completed the dossier to convert the land use purpose from agricultural land to residential land for the land lot on C street, P town, N district, Kon Tum province for Ms. T. After converting the land use purpose, Ms. T separated a land lot 5m wide and 30m long for Mr. H. Mr. H built a house and ancillary works on Ms. T's land with a total amount of 111,000,000 VND. Mr. H was unable to request to change the land use purpose for Ms. T as agreed, so at the end of 2012, Ms. T took back the land and house. Mr. H requested Ms. T to continue to perform the land use rights transfer contract dated December 20, 2004 and return the house construction cost of 111,000,000 VND.

The defendant, Ms. Dinh Thi T, stated: She and Mr. H only had an agreement that Mr. H was responsible for paying taxes so that Ms. T could be granted a land use right certificate for the land lot on Street B, and at the same time change the land use purpose from agricultural land to residential land for the land lot on Street C. After completing the procedure, Ms. T would complete the procedures to transfer (to) Mr. H a land lot (but did not specify which lot). Mr. H could only make a land use right certificate for the land lot on Street B, but did not change the land use purpose for the land lot on Street C, so she did not accept the lawsuit request of Mr. H and his wife. Ms. T stated that she did not know anything about the contract dated December 20, 2004 and believed that Mr. H had taken advantage of the paperwork, signed Mr. P's name in a false name and recorded information in the contract to appropriate her land.

The people with related rights and obligations are : Mr. Le Van P, Mr. Do Van T and Ms. Tran Thi Trung T request not to accept the request to continue implementing the land use rights transfer contract established on December 20, 2004; Mr. Dinh

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