New developments in the director’s suicide in court
After 4 days of trial, on the evening of May 26, the People’s Court of Da Nang City issued an appellate judgment of the dispute over the contract for the transfer of land use rights and the compensation for the contract of the “golden” coastal land in Ngu Hanh Son district.
The two businesses involved in this case are Ha Hai Land Company Limited (Da Nang, defendant) and Song Da Industrial Park and Urban Development Investment Joint Stock Company (Sudico, plaintiff).
Before the court deliberation, Land Ha Hai One Member Limited Liability Company proposed mediation, so the trial panel created conditions for the two parties to discuss.
However, the two sides could not find a common voice in the mediation options proposed by Land Ha Hai.
The Appellate Panel of the People’s Court of Da Nang City said that the first-instance trial panel accepted Sudico’s petition and agreed to terminate the land use transfer contract between the two companies for the two above-mentioned land lots. all well-founded.
After comprehensive review of the case, the Appellate Court of the People’s Court of Da Nang City announced the suspension of the hearing of Sudico’s appeal with the arrears of 48 billion dong and accrued interest (due to Sudico withdrawing the appeal); rejected the remaining appeal requests of Sudico and the appeal of Land Ha Hai; recognition of Sudico’s willingness to refund more than VND 254 billion out of VND 404 billion paid by Land Ha Hai.
Declare acceptance of Sudico’s request to unilaterally terminate the contract and annex with Land Ha Hai; accept Sudico’s request to enjoy 150 billion VND; rejected Sudico’s request for a fine for Land Ha Hai’s breach of contract…
Declare Land Ha Hai’s request to continue to perform the contract; rejected Land Ha Hai’s request to Sudico regarding the following contents: Forcing Sudico to hand over 2 certificates; requested to force Sudico to hand over 2 actual land plots; request penalty for breach of contract; compensation to Sudoco.
Case content: In August 2017, Sudico wanted to transfer 2 land lots with a total area of more than 12 hectares in Hoa Hai new urban area, Ngu Hanh Son district, Da Nang with the form of public auction. Land Ha Hai bought the bidding documents and won the price with the amount of 1,810 billion VND. On November 1, 2017, Sudico and Land Ha Hai signed a contract to transfer land use rights for the above land. At the first installment, Land Ha Hai needs to pay 1,000 billion VND. On December 29, 2017, Land Ha Hai transferred a total of VND 404 billion to Sudico. The two parties signed a contract appendix to adjust the payment deadline to February 13, 2018 with the remaining amount of more than VND 1,400 billion. After that, Land Ha Hai discovered that there were still some problems with the legality of the 2 land lots, so he did not continue to pay the contract as committed despite Sudico’s repeated reminders. On August 30, 2018, Sudico issued a notice to unilaterally terminate the contract, declare to cancel the transaction, take full ownership of the pre-ordered amount because it believes that Land Ha Hai violated the contract. On December 8, 2021, the People’s Court of Ngu Hanh Son District, Da Nang City sentenced the first-instance trial of the civil case “dispute over the contract for the transfer of land use rights and compensation for the contract” between Sudico and Land Ha Hai. . The trial panel accepted Sudico’s petition to sue, agreeing to terminate the land use transfer contract between the two companies for the two above-mentioned land lots. The trial panel also rejected Land Ha Hai’s request to initiate a lawsuit to continue performing the transfer contract of the two above-mentioned land lots and rejected requests for Sudico to compensate Land Ha Hai for damage because of the lengthy transfer process. Immediately after the court handed down the sentence, Mr. Vo Van Cuong expressed his frustration, saying that the court was unfair and did not consider many important documents provided by Land Ha Hai. After that, he took out a bottle of insecticide and drank it right at the trial. Mr. Cuong was rescued. |
Ho Giap
at Blogtuan.info – Source: vietnamnet.vn – Read the original article here
