Director who committed suicide in court received more than VND 250 billion
In December 2021, at the first instance trial of the dispute over the transfer contract of Da Nang gold land between Ha Hai Land Company Limited and Song Da Industrial Park and Urban Development Investment Joint Stock Company (Sudico) became the focus of public opinion after the director of Land Ha Hai commit suicide in court.
Committed suicide at the first instance court because he thought the trial was “unfair”
The lawsuit started when in August 2017, Sudico had a need to transfer 2 plots of land has a total area of more than 12 hectares in Hoa Hai new urban area (Ngu Hanh Son district, Da Nang city) 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. The two sides then sued each other in court.
After 8 days of first-instance trial, on December 8, 2021, the People’s Court of Ngu Hanh Son district announced that it accepted Sudico’s petition to sue, agreeing to terminate the land use transfer contract between the two companies with the two land plots mentioned above. above.
The jury also denied the request to initiate a lawsuit requesting to continue performing the transfer contract of Land Ha Hai; rejected requests for Sudico to compensate Land Ha Hai for the lengthy transfer process.
Immediately after the court pronounced the sentence, saying that the trial was unfair, Mr. Vo Van Cuong – Director of Ha Hai Land Company took a bottle of insecticide from his pocket, drank it right in front of the court and was taken to the emergency room. from.
After that, Land Ha Hai applied appeal to the People’s Court of Ngu Hanh Son district.
On December 10, 2021, the Office of the State President sent a document to convey the direction of President Nguyen Xuan Phuc requesting clarification of information about the incident that occurred at the People’s Court of Ngu Hanh Son district.
Company director commits suicide to get back 254 billion VND paid
On May 23, the People’s Court of Da Nang City opened a trial Appeal civil case “dispute over contract of land use right transfer and compensation contract” between 2 companies.
After 4 days of trial, before the court deliberation, Land Ha Hai proposed mediation, so the trial panel created conditions for the two sides to discuss.
This company proposed to the Sudico side to reconcile with 2 options. Option 1, suggest Sudico consider continuing to let Land Ha Hai receive the transfer of 1 of 2 land lots. Option 2, Sudico transferred to Land Ha Hai the transferred amount of 404 billion VND and 10% of the previous tax arrears was illegally reduced to 48.5 billion VND. At the same time, he wants the jury to consider the issue of compensation for Land Ha Hai for the expenses spent to embellish the 2 land lots, bank interest rates and increased land value.
However, the two sides could not find a common voice in the mediation options proposed by Land Ha Hai.
Court of Appeal People’s Court of Da Nang City According to the first-instance trial panel, the trial panel accepted Sudico’s petition to sue, and agreed to terminate the land use transfer contract between the two companies for the two above-mentioned land lots.
After comprehensive review of the case, the Appellate Court suspended the hearing of Sudico’s appeal with arrears of VND 48 billion 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 the request of Land Ha Hai 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.
at Blogtuan.info – Source: vietnamnet.vn – Read the original article here