đá bóng trực tiếpJudgment no. 31/2018/DS-PT dated march 14, 2018 on dispute over property ownership

đá bóng trực tiếp HIGH PEOPLE’S COURT IN HO CHI MINH CITY

JUDGMENT NO. 31/2018/DS-PT DATED MARCH 14, 2018 ON DISPUTE OVER PROPERTY OWNERSHIP

Because đá bóng trực tiếp first-instance judgment No. 08/2016/DS-ST dated September 22, 2016 of đá bóng trực tiếp People’s Court of Soc Trang Province was appealed, on March 14, 2018, đá bóng trực tiếp appellate trial was conducted at đá bóng trực tiếp courtroom of đá bóng trực tiếp High Court in Ho Chi Minh City to hear in đá bóng trực tiếp public đá bóng trực tiếp handled case No. 259/2016/TLPT–DS dated November 01, 2016 on property ownership dispute according to đá bóng trực tiếp Decision to bring đá bóng trực tiếp case to đá bóng trực tiếp appellate trial No. 649/2017/QDPT-DS dated January 20, 2017, between đá bóng trực tiếp following litigants:

Plaintiff:Mrs. Du Thi Ch (Klinski Chia Thi), born in 1947; residence:  3047 El Camino Real West Palm Beach FL33409 – USA; temporary residence: No. 41, PCT street, Block 2, Ward 1, ST City, Soc Trang Province; (absent).

Authorized representative of đá bóng trực tiếp plaintiff (according to đá bóng trực tiếp power of attorney dated October 23, 2017): Mrs. Nguyen Thi Thu Tr, born in 1986; residence:No. 278/46/77 TCD, Block 5, Ward 2, ST City, Soc Trang Province; (having submitted a petition for absence from đá bóng trực tiếp trial).

Person defending legitimate rights and interests of đá bóng trực tiếp plaintiff:Mr. Nguyen Van Qu – Lawyer of QN Law Office, a member of Soc Trang Province Bar Association; (having submitted a petition for absence from đá bóng trực tiếp trial).

- Defendants:

1. Mr. Ly Hong Quoc Th, born in 1978; (present).

2. Ms. Du Hong V, born in 1980; (present).

Joint residence:  No. 20, Road No. 3,. LD 586 Residential Area, Block 1, Ward 3, ST City, Soc Trang Province.

- Entities having duties and interests from đá bóng trực tiếp lawsuit:

1. 586 Soc Trang Joint Stock Company;

Address:  No. 07, Road No. 01,. LD Commercial Residential Area, Ward 3, ST City, Soc Trang Province.

Legal representative of 586 Soc Trang Joint Stock Company:Mr. Vo Ngoc C – Company’s Director; (absent)

2. Mr. Du Thanh Ngh; born in 1955; residence:  No. 440/4/6, LTK Street, Block 3, Ward 4, ST City, Soc Trang Province; current residence:  No. 20, Road No. 03,. LD 586 Residential Area, Block 1, Ward 3, ST City, Soc Trang Province.

- Appellant:đá bóng trực tiếp defendants – Mr. Ly Hong Quoc Th and Mrs. Du Hong V.

CONTENTS OF đá bóng trực tiếp CASE

According to đá bóng trực tiếp petition dated September 10, 2015 and đá bóng trực tiếp additional petition dated November 19, 2015, đá bóng trực tiếp plaintiff, Mrs. Du Thi Ch, state:

Early in 2013, because she is beginning to feel her age, she wishes to move to Soc Trang to live near her siblings, and then she contacted 586 LD Joint Stock Company (hereinafter referred to as “586 LD JSC”) to buy a house with no upstairs at Block D, THD Residential Area, Ward 2, ST City, Soc Trang Province (hereinafter referred to as đá bóng trực tiếp “house at Block D, THD Residential Area) with đá bóng trực tiếp price of VND 320,000,000. She has paid an amount of VND 288,000,000 to 586 LD JSC. To be specific: she has made đá bóng trực tiếp first transfer of VND 250,000,000 to her nephew, Ly Hong Quoc Th, according to transaction voucher dated January 21, 2013; đá bóng trực tiếp second transfer of VND 41,600,000 has been made on March 28, 2013; total amount she transferred to her nephew is VND 291,600,000, including VND 288,000,000 paid to 586 LD JSC and VND 3,600,000 used to cover relevant expenses.  After that, she found that đá bóng trực tiếp house was lacking in comfort, so she asked đá bóng trực tiếp leadership of 586 LD JSC for exchange of this house for đá bóng trực tiếp house located at LD 586 Residential Area, Ward 3, through Mrs. Trinh Thi H, an employee of đá bóng trực tiếp Company’s Sales Department, and her requested has been approved.  She bought đá bóng trực tiếp house No. 20, Road No. 03, LD 586 Residential Area, Block 1, Ward 3, ST City, Soc Trang Province (hereinafter referred to as đá bóng trực tiếp “house at No. 20, LD Residential Area”) with đá bóng trực tiếp price of VND 820,000,000. She has transferred an amount of VND 482,500,000 to Mr. Ly Hong Quoc Th according to transaction vouchers dated October 08, 2013. Adding an amount of VND 288,000,000 paid for đá bóng trực tiếp former house, total amount she transferred to Mr. Ly Hong Quoc Th is VND 770,500,000. According to đá bóng trực tiếp signed contract, she must pay a deposit of VND 738,000,000 to 586 LD JSC. Mr. Th has returned her đá bóng trực tiếp remaining amount of VND 32,500,000. đá bóng trực tiếp remaining amount of đá bóng trực tiếp house price of VND 82,000,000 shall be fully paid when all house documents are available.  Because she is a Vietnamese residing abroad, she is ineligible to have property in Vietnam titled in her name. Thus, she asked her nephew, Mr. Ly Hong Quoc Th, and his wife, Mrs. Du Hong V, to title đá bóng trực tiếp house.    Both 586 LD JSC and her siblings (including Mrs. Du Thi H1 and Mr. Du Thanh Ngh (father of Mrs. Du Hong V)) knew and certified that she is đá bóng trực tiếp one buying đá bóng trực tiếp house and uses names of others to title đá bóng trực tiếp house.  Until January 2015, she moved to đá bóng trực tiếp house for living and asked Mr. Th and Mrs. V to give back đá bóng trực tiếp ownership of đá bóng trực tiếp house to her but they refused and firmly asserted that đá bóng trực tiếp house is under their legal ownership.

Now, đá bóng trực tiếp plaintiff, Mrs. Du Thi Ch requests đá bóng trực tiếp Court to recognize her rights to ownership of đá bóng trực tiếp house No. 20, Road No. 03, LD 586 Residential Area, Block 1, Ward 3, ST City, Soc Trang Province, force Mr. Ly Hong Quoc Th and Mrs. Du Hong V to transfer đá bóng trực tiếp ownership of house to her, and announce đá bóng trực tiếp cancellation of đá bóng trực tiếp house purchase contract No. 553 dated January 08, 2013 signed between Mr. Th and Mrs. V and 586 LD JSC so that she can directly enter into a new house purchase contract with 586 LD JSC.

According to đá bóng trực tiếp written response to đá bóng trực tiếp court’s case acceptance notice dated October 16, 2015, and đá bóng trực tiếp written response to đá bóng trực tiếp court's notice of acceptance of additional petition dated February 01, 2016, and statements provided during đá bóng trực tiếp case settlement, đá bóng trực tiếp defendants, Mr. Ly Hong Quoc Th and Mrs. Du Hong V, stated:

Mrs. Du Thi Ch is their paternal aunt.  Mrs. Ch has given them cash, gold and diamond when she returned to Vietnam.  They admitted to have received money transferred by Mrs. Ch through Agribank – ST City Branch. To be specific:  On January 14, 2013, Mrs. Ch gave them VND 800,000; on January 21, 2013, Mrs. Ch gave them VND 250,000,000; on January 28, 2013, Mrs. Ch gave them VND 1,300,000; on March 07, 2013, Mrs. Ch gave them VND 1,000,000; on March 28, 2013, Mrs. Ch gave them VND 41,600,000; on June 14, 2013, Mrs. Ch gave them VND 20,000,000; on October 08, 2013 Mrs. Ch gave them VND 482,500,000. Total amount Mrs. Ch gave them in 07 times is VND 797,200,000.

They used đá bóng trực tiếp amount Mrs. Ch gave them to buy đá bóng trực tiếp house at Block D, THD Residential Area, with đá bóng trực tiếp price of VND 324,000,000 under đá bóng trực tiếp house purchase contract No. 507/HDMBN dated January 21, 2013 signed between them and 586 LD JSC. According to agreements laid down in đá bóng trực tiếp signed contract, they must pay a deposit of 90% of đá bóng trực tiếp house price as VND 291,600,000, and fully pay đá bóng trực tiếp remaining amount of 10% of đá bóng trực tiếp house price as VND 32,400,000 when 586 LD JSC delivers đá bóng trực tiếp certificate of right to use land, ownership of house and property on land.

On October 08, 2013, they reached an agreement with 586 LD JSC that they wish to sell đá bóng trực tiếp house No. D-69 located at đá bóng trực tiếp said THD Residential Area and purchase đá bóng trực tiếp house located at LD Commercial Residential Area, Ward 3, ST City for their convenience. Then, they bought đá bóng trực tiếp house at LD Commercial Residential Area with đá bóng trực tiếp price of VND 820,000,000. đá bóng trực tiếp required deposit for this house is 90% of đá bóng trực tiếp house price as VND 738,000,000. After deduction of đá bóng trực tiếp selling price of đá bóng trực tiếp house at THD Residential Area as VND 291,600,000, they must pay an additional amount of VND 446,400,000 to 586 LD JSC.  đá bóng trực tiếp remaining amount of 10% of đá bóng trực tiếp house price as VND 82,000,000 shall be fully paid when 586 LD JSC delivers them đá bóng trực tiếp certificate of right to use land, ownership of house and property on land.

They asserted that Mrs. Ch’s statement in her petition that she asked them to carry out procedures for house purchase and title đá bóng trực tiếp house is untrue because they have directly signed all documents relating đá bóng trực tiếp house purchase without đá bóng trực tiếp involvement with Mrs. Ch. And Mrs. Ch’s statement that she has transferred an amount of VND 770,500,000 to them in 03 times is also untrue. Really, she has given them an amount of VND 797,200,000 in 07 times as stated.  They have used đá bóng trực tiếp money given by Mrs. Ch and an amount of money they saved from their business to buy đá bóng trực tiếp house and stabilize their life since 2013.  Thus, they disagree about contents of đá bóng trực tiếp petition of Mrs. Ch and request đá bóng trực tiếp Court to reject đá bóng trực tiếp entire petition of Mrs. Du Thi Ch.

According to đá bóng trực tiếp official statement dated August 24, 2015 and initial statement dated October 28, 2015 provided by đá bóng trực tiếp person having duties and interests from đá bóng trực tiếp lawsuit, Mr. Du Thanh Ngh stated:

Mrs. Du Thi Ch is his elder sister.  In 2013, because she wishes to return to Vietnam and live near siblings, Mrs. Ch has contacted 586 LD JSC to buy a house with no upstairs at Block D, THD Residential Area, Ward 2, ST City, Soc Trang Province.  However, because Mrs. Ch is an overseas Vietnamese, she cannot have đá bóng trực tiếp certificate of house ownership titled in her own name. Thus, she has used đá bóng trực tiếp names of other persons.  Initially, Mrs. Ch intended to ask him and his wife to title đá bóng trực tiếp house but some marital conflicts have arisen between him and his wife. Mrs. Ch thought that if he gets divorce from his wife, đá bóng trực tiếp house will be involved in dispute. Thus, Mrs. Ch has asked his daughter, Du Hong V, and her husband, Ly Hong Quoc Th, to title đá bóng trực tiếp house.  Mrs. Ch has transferred money to V and Th via Agribank to buy a house whose price is about more than three hundred million Vietnamese dongs. He said that he did not know đá bóng trực tiếp exact buying price of đá bóng trực tiếp house.  Because đá bóng trực tiếp house is lacking in comfort and far away from đá bóng trực tiếp market, Mrs. Ch has exchanged it for đá bóng trực tiếp house No. 20, Road No. 03, 586 LD Residential Area, Block 1, Ward 3, ST City, Soc Trang Province.  Mrs. Ch has directly discussed and reached an agreement on đá bóng trực tiếp house exchange and house price with 586 LD JSC, and at đá bóng trực tiếp same time, asked Ly Hong Quoc Th and Du Hong V to act as a party of đá bóng trực tiếp house purchase contract with đá bóng trực tiếp house price of VND 820,000,000.

đá bóng trực tiếp entire amount of money used to purchase đá bóng trực tiếp house No. 20, Road No. 03, LD Residential Area has been transferred by Mrs. Ch to Mrs. V and Mr. Th who purchased and titled đá bóng trực tiếp house on Mrs. Ch’s behalf.  He clearly knew all facts stated above because he is đá bóng trực tiếp one keeping both houses mentioned above. V and Th only returned home after working hours.   After that, because Mrs. V and Mr. Th planed to appropriate đá bóng trực tiếp house, they asked him to move out. From that, dispute has arisen and Mrs. Ch has brought đá bóng trực tiếp case to đá bóng trực tiếp Court.  He requested đá bóng trực tiếp Court to recognize đá bóng trực tiếp right to ownership of house of Mrs. Ch who asked Mr. Th and Mrs. V to buy and title đá bóng trực tiếp house on her behalf, and force Mr. Th and Mrs. V to return đá bóng trực tiếp house to Mrs. Ch.

According to đá bóng trực tiếp first-instance civil judgment No. 08/2016/DSST dated September 22, 2016, đá bóng trực tiếp People’s Court of Soc Trang Province judged that:

Pursuant to Clause 2 Article 26, Clause 3 Article 35, Point c Clause 1 Article 37 of đá bóng trực tiếpCivil Procedure Code in 2015;

Pursuant to Articles 255, 256, 599, 600 of đá bóng trực tiếpCivil Procedure Code in 2005, and Article 8 of đá bóng trực tiếpvtv5 trực tiếp bóng đá;

To judge that:  đá bóng trực tiếp entire petition of Mrs. Du Thi Ch is accepted.

+ To recognize đá bóng trực tiếp right to ownership of đá bóng trực tiếp house with a storey above đá bóng trực tiếp ground floor located at No. 20 (location C2-22), Road No. 03, LD Commercial Residential Area, Block 1, Ward 3, ST City, Soc Trang Province, of Mrs. Du Thi Ch (Klinski Chia Thi). Mr. Ly Hong Quoc Th and Mrs. Du Hong V are forced to return đá bóng trực tiếp entire house to Mrs. Du Thi Ch.

+ đá bóng trực tiếp house purchase contract No. 553/HDMBN, dated October 08, 2013 signed between 586 LD JSC and Mr. Ly Hong Quoc Th and Mrs. Du Hong V shall be cancelled. Mrs. Du Thi Ch is entitled to enter into đá bóng trực tiếp house purchase contract directly with  586 LD JSC to buy đá bóng trực tiếp said house.

Additionally, đá bóng trực tiếp first-instance judgment also stipulates đá bóng trực tiếp first-instance court fees and rights to appeal against đá bóng trực tiếp judgment in accordance with laws.

On October 06, 2016, đá bóng trực tiếp defendants, Mr. Ly Hong Quoc Th and Mrs. Du Hong V lodged an appeal against đá bóng trực tiếp entire first-instance judgment on đá bóng trực tiếp following grounds:  đá bóng trực tiếp plaintiff could not provide evidences that she asked them to title đá bóng trực tiếp house; đá bóng trực tiếp first-instance Court's judgments are deemed biased because đá bóng trực tiếp Court made judgments on đá bóng trực tiếp only basis of statements provided by Mr. Du Thanh Ngh who has previously had conflicted with them; Mrs. Ch did not clearly say that đá bóng trực tiếp transferred amount of money must be used for paying đá bóng trực tiếp house price in all 07 transfers of money.

At đá bóng trực tiếp appellate trial, đá bóng trực tiếp defendants, Mr. Ly Hong Quoc Th and Mrs. Du Hong V, still keep their appeal unchanged.

đá bóng trực tiếp procurator attending đá bóng trực tiếp trial and expressing opinions of đá bóng trực tiếp Procuracy about đá bóng trực tiếp compliance with laws during đá bóng trực tiếp case settlement during đá bóng trực tiếp trial of appellate: đá bóng trực tiếp Judge – Presiding Judge and đá bóng trực tiếp Trial panel have strictly complied with legal procedures; đá bóng trực tiếp litigants have properly exercised and performed their rights and obligations, and attended đá bóng trực tiếp trial in accordance with regulations laid down in đá bóng trực tiếp Civil Procedure Code;

Regarding đá bóng trực tiếp appeal lodged by Mr. Ly Hong Quoc Th and Mrs. Du Hong V:  đá bóng trực tiếp first-instance court's judgment that đá bóng trực tiếp entire petition of Mrs. Du Thi Ch is accepted is reasonable because of đá bóng trực tiếp following reasons:  Mrs. Du Thi Ch has directly carried out đá bóng trực tiếp house purchase transaction; đá bóng trực tiếp amounts of money transferred by Mrs. Ch are conformable with đá bóng trực tiếp house price, payment date of đá bóng trực tiếp house price, and đá bóng trực tiếp original house document kept by her.  Although đá bóng trực tiếp first-instance court has made mistake of failing to apply đá bóng trực tiếp precedent No. 02 of đá bóng trực tiếp Council of Justices of đá bóng trực tiếp People’s Supreme Court, Mr. Ly Hong Quoc Th and Mrs. Du Hong V have enjoyed benefits by living in this house. So, Mr. Th and Mrs. V have been compensated for titling and managing đá bóng trực tiếp house on behalf of Mrs. Ch.  Hence, đá bóng trực tiếp appellate trial panel is requested to reject đá bóng trực tiếp appeal lodged by đá bóng trực tiếp defendants, Mr. Th and Mrs. V, and keep đá bóng trực tiếp first-instance judgment unchanged.

JUDGMENTS OF đá bóng trực tiếp COURT

[1] đá bóng trực tiếp appeal of đá bóng trực tiếp defendants, Mr. Ly Hong Quoc Th and Mrs. Du Hong V, is valid because it has been lodged within đá bóng trực tiếp prescribed period and in accordance with laws, and shall be handled according to đá bóng trực tiếp appellate procedures as follows:

- Regarding đá bóng trực tiếp court procedures:

[2] đá bóng trực tiếp first-instance court has correctly determine đá bóng trực tiếp disputed legal relationship, handled and settled đá bóng trực tiếp case within its jurisdiction in accordance with đá bóng trực tiếp Civil Procedure Code.

- Regarding contents of đá bóng trực tiếp case:

[3] Although Mr. Ly Hong Quoc Th and his wife, Mrs. Du Hong V have acted as đá bóng trực tiếp buyer of đá bóng trực tiếp house purchase contract No. 507/HDMBN on January 21, 2013 with 586 LD JSC to buy đá bóng trực tiếp house located at Block D-69, THD Residential Area, with đá bóng trực tiếp house price as VND 324,000,000, and đá bóng trực tiếp buyer has paid a deposit of 90% of đá bóng trực tiếp house price as VND 291,600,000.  On October 08, 2013, both parties have carried out procedures for termination of đá bóng trực tiếp house purchase contract, 586 LD JSC agreed to return đá bóng trực tiếp received money of VND 291,600,000 (receipt No. 61) to đá bóng trực tiếp buyer. On đá bóng trực tiếp same day, October 08, 2013, Mr. Th and Mrs. V have entered into đá bóng trực tiếp house purchase contract No. 553/HDMBN with 586 LD JSC to buy a house with a storey above đá bóng trực tiếp ground floor located at No. 20 (location C2-220), Road No. 3, LD Residential Area, Block 1, Ward 3, ST City ("house No. 20 - LD Residential Area") with đá bóng trực tiếp price of VND 820,000,000. Two parties have reached an agreement that immediately after signing đá bóng trực tiếp house purchase contract, đá bóng trực tiếp buyer shall pay an amount of VND 738,000,000 (as 90% of đá bóng trực tiếp house price), and đá bóng trực tiếp remaining amount of VND 82,000,000 shall be fully paid when đá bóng trực tiếp buyer receives đá bóng trực tiếp certificate of house ownership.  Mr. Th and Mrs. V also believed that they used đá bóng trực tiếp money given by Mrs. Du Thi Ch and an amount of money they saved from their business to buy đá bóng trực tiếp house. Thus, this house is legally subjected to their ownership.

[4] However, after examining documents and evidences provided by Mrs. Du Thi Ch:  Through Agribank – Nam Sai Gon Branch, on January 21, 2013, Mrs. Ch has transferred an amount of VND 250,000,000 (Receipt No. 10) to Mr. Ly Hong Quoc Th; on March 28, 2013, Mrs. Ch has transferred an amount of VND 41,600,000 (Receipt No. 12) to Mr. Th; total amount of 02 transfers is VND 291,600,000 which matches with đá bóng trực tiếp amount that Mr. Th and Mrs. V paid to 586 LD JSC for buying đá bóng trực tiếp house at Block D - THD Residential Area.  On October 08, 2013 (đá bóng trực tiếp day on which Mr. Th and Mrs. V and 586 LD JSC carried out đá bóng trực tiếp termination of đá bóng trực tiếp house purchase contract regarding đá bóng trực tiếp house No. 20, LD Residential Area - BL 18, 19), Mrs. Ch has transferred an amount of VND 482,500,000 (receipt No. 16) to Mr. Th, and also on this day, 586 LD JSC has made đá bóng trực tiếp receipt No. 241 recording đá bóng trực tiếp payment made by Mr. Th to 586 LD JSC an amount of VND 738,000,000 under đá bóng trực tiếp contract No. 553/HDMBN for buying đá bóng trực tiếp house No. 20 (C2-22), LD Residential Area (Bl 14). Thus, total amount of 03 transfers made by Mrs. Ch to Mr. Th is VND 774,100,000. đá bóng trực tiếp difference between this amount and đá bóng trực tiếp amount paid by Mr. Th to 586 LD JSC is VND 36,100,000.   This means that đá bóng trực tiếp amount of money transferred and transfer date match with đá bóng trực tiếp amount and payment date of house price paid by Mr. Th and Mrs. V.

[5] Mrs. Ch has some siblings in Vietnam and Mrs. V is only her niece. Mrs. V cannot provide đá bóng trực tiếp reasons that Mrs. Ch gave her a lot of money within a short period of time as stated above.  Moreover, Mrs. Ch keeps đá bóng trực tiếp original of đá bóng trực tiếp house purchase contract No. 553 dated October 08, 2013. At đá bóng trực tiếp appellate trial, both Mr. Th and Mrs. V stated that original house documents are kept by them and have been stolen. It is ungrounded to accept this statement.

[6] On đá bóng trực tiếp other hand, according to đá bóng trực tiếp statement dated August 24, 2015 (BL 67) and đá bóng trực tiếp initial statement provided by Mr. Du Thanh Ngh (who is Mrs. V’s father) made on October 28, 2015 (BL 71), đá bóng trực tiếp statement of Mrs. Du Thi H1 (who is Mrs. Ch’s younger sister) at đá bóng trực tiếp first-instance trial, these persons have asserted that Mrs. Ch has transferred money to V and Th through Agribank and asked Du Hong V (who is Mr. Ngh’s daughter) and her husband, Ly Hong Quoc Th, to enter into đá bóng trực tiếp house purchase contract on behalf of Mrs. Ch.

[7] From đá bóng trực tiếp above analysis and judgments, đá bóng trực tiếp court deems that:  đá bóng trực tiếp first-instance court has well-founded reasons to determine that Mrs. Ch has provided đá bóng trực tiếp entire amount of money for buying đá bóng trực tiếp house No. 20 LD Residential Area and asked Mr. Th and Mrs. V to title đá bóng trực tiếp house on her behalf because when buying đá bóng trực tiếp house, Mrs. Ch was residing abroad and she was not allowed to title property in Vietnam, and amongst 07 amounts of money that Mr. Th and Mrs. V admitted to have received from Mrs. Ch in 2013 (according to their written response to đá bóng trực tiếp court’s notice of case acceptance – BL 59), there were 03 amounts of money Mrs. Ch transferred to Mr. Th for buying house (VND 250,000,000 + VND 41,600,000 + VND 482,500,000), and only 04 remaining amounts of money that Mrs. Ch did not mention in her petition  were given by Mrs. To Mr. Th and Mrs. V who have really used them.

[8] Although Mr. Du Thanh Ngh has changed his statement that Mrs. Ch has given money to Mr. Th and Mrs. V for buying house and he did not clearly know about đá bóng trực tiếp fact Mrs. Ch asked Mr. Th and Mrs. V to title đá bóng trực tiếp house.  Deeming that this statement is contrary to his initial statement and Mr. Ngh cannot provide legitimate reasons thereof, so đá bóng trực tiếp fact đá bóng trực tiếp first-instance court judged that his statement is untrue and unfounded is reasonable.

[9] Regarding conditions for recognition of right to ownership of house of Vietnamese residing abroad: Article 1 of đá bóng trực tiếpLaw on citizenship in 2008stipulates that:“Vietnamese citizen shall have Vietnamese nationality (Clause 1); rights and obligations of a Vietnamese citizen that has a foreign nationality and lives abroad shall conform to relevant laws (Clause 4).Clause 1 Article 8 of đá bóng trực tiếp Law on housing in 2014 stipulates that a Vietnamese residing abroad shall have right to ownership of house recognized if he/she is allowed to enter Vietnam.Mrs. Du Thi Ch has Vietnamese nationality as certified by Department of Justice of Ho Chi Minh City on February 06, 2013 (BL 08). Since 2012, she has been allowed to make multiple entries into Vietnam (BL 21 – 29). She has made an entry into Vietnam and stayed in Vietnam for more than 08 months (BL 23). Thus, pursuant to đá bóng trực tiếp above-mentioned regulations, Mrs. Ch is eligible to have đá bóng trực tiếp right to ownership of house in Vietnam recognized.

[10] Thus, đá bóng trực tiếp first-instance court’s judgments that đá bóng trực tiếp house of dispute is under đá bóng trực tiếp legal ownership of Mrs. Ch; Mr. Th and Mrs. V are forced to return her đá bóng trực tiếp house; đá bóng trực tiếp house purchase contract signed between Mr. Th and Mrs. V and 586 LD JSC shall be invalidated so that Mrs. Ch is entitled to directly enter into a new house purchase contract with 586 LD JSC are well-founded and conformable with Articles 255, 256, 599, 600 of đá bóng trực tiếp Civil Code.

[11] However, in this case, Mr. Th and Mrs. V have put a lot of effort to buy, title, manage and keep đá bóng trực tiếp house for Mrs. Ch. Thus, Mrs. Ch must repay Mr. Th and Mrs. V for their service so as to ensure interests and duties of đá bóng trực tiếp litigants according to đá bóng trực tiếp precedent No. 02/2016/AL approved by đá bóng trực tiếp Council of Justices of đá bóng trực tiếp People’s Supreme Court on April 06, 2016. đá bóng trực tiếp first-instance court has mistake of omitting đá bóng trực tiếp precedent No. 02/2016/AL in đá bóng trực tiếp course of settling đá bóng trực tiếp case and also failed to collect documents and evidences for determining đá bóng trực tiếp value of đá bóng trực tiếp disputed house at đá bóng trực tiếp date of first-instance trial in order to determine đá bóng trực tiếp amount paid to Mr. Th and Mrs. V for titling, managing and keeping đá bóng trực tiếp house for Mrs. Ch.

[12] Thus, đá bóng trực tiếp appellate trial panel unanimously accepts a part of đá bóng trực tiếp appeal lodged by đá bóng trực tiếp defendants, Mr. Ly Hong Quoc Th and Mrs. Du Hong V; đá bóng trực tiếp first-instance judgment is invalidated and đá bóng trực tiếp case is transfer to đá bóng trực tiếp first-instance court for rehear đá bóng trực tiếp case according to first-instance procedures.

[13] đá bóng trực tiếp statement that Mr. Th and Mrs. V said that they have repaired đá bóng trực tiếp house by using their own money shall be considered and judged by đá bóng trực tiếp first-instance court when rehearing đá bóng trực tiếp case according to first-instance procedures.

[14] đá bóng trực tiếp litigants lodging appeal, Mr. Ly Hong Quoc Th and Mrs. Du Hong V, shall not pay đá bóng trực tiếp appellate civil court fees as regulated by laws.

For đá bóng trực tiếp said reasons;

đá bóng trực tiếp COURT DECIDES

Pursuant to Clause 3 Article 308 and Article 310 of đá bóng trực tiếp Civil Procedure Code in 2015;

- To accept a part of đá bóng trực tiếp appeal lodged by đá bóng trực tiếp defendants, Mr. Ly Hong Quoc Th and Mrs. Du Hong V.

đá bóng trực tiếp first-instance judgment No. 08/2016/DS-ST dated September 22, 2016 of đá bóng trực tiếp People’s Court of Soc Trang shall be invalidated and đá bóng trực tiếp case shall be reheard by đá bóng trực tiếp People’s Court of Soc Trang according to first-instance procedures.

- đá bóng trực tiếp first-instance civil court fees shall be decided when đá bóng trực tiếp People’s Court of Soc Trang rehears đá bóng trực tiếp case according to first-instance procedures.

- Mr. Ly Hong Quoc Th and Mrs. Du Hong V must not pay đá bóng trực tiếp appellate civil court fees.

+ VND 200,000 of đá bóng trực tiếp appellate civil court fees temporarily paid under receipt No. 003470 dated October 06, 2016 of đá bóng trực tiếp Civil Judgment Enforcement Department of Soc Trang Province shall be refunded to Mr. Ly Hong Quoc Th.

+ VND 200,000 of đá bóng trực tiếp appellate civil court fees temporarily paid under receipt No. 003469 dated October 06, 2016 of đá bóng trực tiếp Civil Judgment Enforcement Department of Soc Trang Province shall be refunded to Mrs. Du Hong V. đá bóng trực tiếp judgment of đá bóng trực tiếp appellate court comes into force from đá bóng trực tiếp date of judgment pronouncement, on March 14, 2018.