On September 27, 2024, at the headquarters of the People's Court of Song Ma district, the first instance public trial of the first instance commercial business case No. 06/2024/TLST-KDTM dated July 1, 2024 regarding the dispute over a credit contract and handling of secured assets was held. According to the decision to bring the case to trial No. 03/2024/QDXXST-KDTM dated September 12, 2024, between the parties:
Plaintiff: Bank A. Legal representative is Mr. Pham Toan V - General Director. Authorized to Mr. Luong Dinh L - Deputy Director in charge of operations of Bank A - District S Branch, Son La. Present.
Head office address: No. 02, L Street, Ward T, District B, Hanoi City.
Branch office address: Residential group 2, town S, district S, Son La province.
– Defendant: Mr. Luong Van P, born in 1979; Mrs. Luong Thi P1, born in 1981; Ms. Luong Thi D, born in 1998; Ms. Luong Thi K, born in 2001; Ms. Luong Thi K2, born in 2005. All reside at the same place: Ban Y, commune Y2, district S, Son La province. Absent.
– People with related rights and obligations:
1. Mr. Quang Van X, born in 1971. Place of residence: Ban Y, commune Y2, district S, Son La province. Absent.
2. Ms. Quang Thi X2, born in 1975. Place of residence: Ban Y, commune Y2, district S, Son La province. Absent.
CASE CONTENT
I. Part of the parties' presentation:
* In the petition dated May 31, 2024, along with the opinion during the case settlement process and at the trial, the plaintiff's representative stated that on June 24, 2022, Mr. Luong Van P and Bank A, S District Branch, Son La signed credit contract No. 7907-LAV-202200851. The loan amount is 1,800,000,000 VND (One billion eight hundred million dong), including the outstanding balance of VND 1,800,000,000 of credit contract No. 7907-LAV-202100130 dated February 2, 2021 transferred. Lending method according to credit limit; Limit maintenance period is 12 months from June 24, 2022, loan purpose is for agricultural business. Bank A, S District Branch, Son La has disbursed to Mr. Luong Van P's family the specific amount as follows:
On February 3, 2023, 320,000,000 VND was disbursed according to the signed debt receipt. The full principal repayment deadline is September 3, 2023.
On March 9, 2023, disbursed the amount of VND 490,000,000 according to the signed debt receipt. The due date for full principal repayment is November 9, 2023.
On March 30, 2023, disbursed the amount of VND 490,000,000 according to the signed debt receipt. The due date for full principal repayment is October 25, 2023.
On March 30, 2023, disbursed the amount of VND 490,000,000 according to the signed debt receipt. The principal repayment period on May 25, 2023 is VND 5,000,000, on July 25, 2023 is VND 2,000,000, on September 25, 2023 is VND 3,000,000, on November 25, 2023 is VND 480,000,000.
On April 5, 2023, disbursed the amount of VND 190,000,000 according to the signed debt receipt. The principal repayment date is November 25, 2023.
On April 26, 2023, Bank A, S District Branch, Son La disbursed the amount of VND 290,000,000 according to the signed debt receipt. The principal repayment period on June 25, 2023 is VND 5,000,000, on August 25, 2023 is VND 5,000,000, on October 25, 2023 is VND 5,000,000, on December 25, 2023 is VND 275,000,000.
From the time of signing the contract on June 24, 2022 to February 3, 2023, Mr. P paid 5,000,000 VND of principal debt. From February 3, 2023 to the date of filing the lawsuit, Mr. P paid 30,000,000 VND of principal debt, specifically: February 6, 2023 paid 5,000,000 VND, February 27, 2023 paid 5,000,000 VND, April 25, 2023 paid 5,000,000 VND, May 31, 2023 paid 5,000,000 VND, June 26, 2023 paid 5,000,000 VND, August 25, 2023 paid 5,000,000 VND.
To secure the above loan, Mr. Luong Van P's family used the family's real estate as collateral for the loan, including:
Land use rights, house ownership rights and other assets attached to land No. Q 821174; Certificate issuance number 00574; Place of issue: S District People's Committee; Date of issue: August 18, 2000 in the name of Mr. Luong Van P (Address: Ban Y, Y2 Commune, S District, Son La Province) according to the Mortgage Contract of land use rights and assets attached to land No. 01/2018/HDTC signed on August 15, 2018 and the contract amending and supplementing the mortgage contract No. 01/2022/HDSDBS dated June 24, 2022.
The mortgaged property is land plot No. 5; 5a; 13; 208a; 2061; 95a; 96a; map sheet No. M-5; M-3; ML. Land plot address: Ban Y, Commune Y2, District S, Son La Province. Land area is 7,814 m2, of which rural residential land is 400 m2, perennial crop land is 1,050 m2, annual crop agricultural land is 4,754 m2, rice land is 1,610 m2 and the property attached to the land is a 2-storey solidly built house, a level IV house, a warehouse, and a dragon drying kiln.
The registration of mortgage of land use rights and assets attached to land was confirmed by the land use rights registration office of district S on August 15, 2018; The mortgage contract of land use rights and assets attached to land was confirmed by the People's Committee of commune Y2 on August 15, 2018, certification number 162, book number 01/SCT-HD,GD.
The debt has been transferred to overdue debt since August 4, 2023. After the loans were transferred to overdue debt, Bank A, S District Branch, Son La, repeatedly tried to contact, explain, propagate, and persuade; but Mr. Luong Van P's family did not repay the debt, the borrower did not agree to hand over the property in accordance with the mortgaged property to the Bank for auction to fulfill the debt repayment obligation, seriously affecting the legitimate rights and interests of Bank A, causing great difficulties for the State's capital recovery work and the debt handling and recovery process of Bank A.
As of May 30, 2024, Mr. Luong Van P's family still owes a total amount of 1,991,102,155 VND to Bank A, S District Branch, Son La. (One billion nine hundred and ninety one million one hundred and two thousand one hundred and fifty five dong). Of which, principal loan: 1,765,000,000 VND (One billion seven hundred sixty five million dong even), interest on maturity: 177,801,368 VND (One hundred seventy seven million eight hundred and one thousand three hundred sixty eight dong), overdue interest: 48,300,155 VND (Forty eight million three hundred thousand one hundred fifty five dong).
Now, Bank A, District S Branch, under the authorization of Bank A, sues Mr. Luong Van P's family, including members Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K, before the People's Court of Song Ma District, Son La Province, requesting the following contents:
1. Force Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K to fulfill the debt repayment obligation to Bank A, District S Branch, Son La, the entire provisional amount (due to interest debt continuing to arise) by May 30, 2024, which is 1,991,102,155 VND (In words: One billion nine hundred nine one million one hundred and two thousand one hundred and fifty five dong) and continue to pay interest accrued at the agreed interest rate in Credit Contract No. 7907- LAV-202200851 signed on June 24, 2022 and the attached debt receipts from May 31, 2024 until Mr. Luong Van P's family has fully paid off the debt with Bank A, District S Branch at the time of payment.
2. If Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K do not perform or do not properly perform their debt repayment obligations within the time limit required by Bank A, District S Branch, then immediately after the judgment/decision of the Court comes into legal effect, Bank A, District S Branch has the right to request the competent civil enforcement agency to handle the secured assets (seizure, auction) that Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K used as collateral for the above loan according to the Mortgage Contract of Land Use Rights and Assets Attached to Land No. 01/2018/HDTC signed on August 15, 2018 and the contracts amending and supplementing the mortgage contract.
3. If the proceeds from the disposal of the secured assets are not enough to repay the debt to Bank A, Bank A, through Bank A Branch in S District, Son La, has the right to request the competent civil enforcement agency to dispose of any assets owned, used and other legal sources of income of Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K to recover the debt in accordance with the provisions of law.
4. Request Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K to pay court fees, on-site assessment fees and other fees arising according to the law (if any).
The Plaintiff maintains all the requirements as presented above, disagreeing with the opinions and proposals of the Defendant. Agreeing with the results of the on-site assessment conducted by the People's Court of Song Ma District, Son La Province.
– The defendant Mr. Luong Van P and those with related rights and obligations, Mr. P's wife and children, presented their opinions in writing during the settlement of the case as follows: Agree with the opinions presented by the plaintiff's representative on the loan process, the principal and interest incurred, and the contents stated in the credit contract No. 7907-LAV-202200851 dated September 24, 2022 and the attached debt receipts. Confirm the signature and fingerprint on the credit contract signed on June 24, 2022 and the total amount of provisional debt calculated as of May 30, 2024, including principal and interest, is 1,991,102,155 VND, which is correct. Currently, the family is in a difficult situation and is not yet able to repay the debt to the Bank, so they agree to hand over all mortgaged assets to the Bank. Please waive civil court fees, other issues should be resolved according to the provisions of law. No comments on the on-site assessment by the Court.
At the same time, there was also a request not to conduct mediation, agreeing with the documents in the collected case file, and there was a request for trial in absentia.
- In the minutes of taking statements dated August 22, 2024 for the person with related rights and obligations, Mr. Quang Van X and Ms. Quang Thi X2 have the following opinions: Mr. and Mrs. transferred to Mr. P's family a part of the land adjacent to the old road so that Mr. P could have land on the road but did not make a transfer document, do not remember clearly the time of transfer, area, size, boundary transferred because it was a long time ago so do not remember exactly specifically. But after transferring to Mr. P's family, Mr. P's family has been using the land stably and building assets on the land until now. The fact that Mr. P's family had to recover debt to the Bank with mortgaged assets, including related to the land area that was granted to Mr. and Mrs. transferred to Mr. P, the family has nothing to do with this area anymore. It is proposed to determine that this land area belongs to Mr. P's family's land use rights. It is not Mr. and Mrs.'s as the Land Use Rights Certificate has been granted. No comments on the Court's on-site review.
At the same time, in this document, Mr. X and Ms. X2 requested not to conduct mediation, agreed with the documents in the collected case file, and submitted a request for trial in absentia.
II. On-site appraisal of mortgaged assets by the Court:
On August 13 and 16, 2024, the People's Court of Song Ma district, Son La province conducted on-site appraisal of mortgaged assets, namely Land Use Rights and assets attached to land, in the following land areas:
1. For the land area at plot number 671, map sheet number 149 (Original plot is 5, 5a sheet M - 5 according to the Certificate of land use rights, house ownership rights and other assets attached to land number Q 821174. The number recorded in the certificate book is 00574; The place of issue is the People's Committee of S district issued on August 18, 2000 in the name of Mr. Luong Van P). Land plot address: Ban Y, Y2 commune, S district, Son La province.
Through on-site assessment, the results are as follows:
a) Regarding land: The total current land area in use is 2,612.1 m2. Of which, rural residential land is 400.0 m2, perennial land is 2,212.1 m2 (an increase of 1,162.1 m2 of perennial land compared to the area that has been granted a land use right certificate). Determined from point A1 to points A2, A3, A4, A5, A6, A7, A8 in the diagram; there are the following adjacent areas:
– The North borders the residential road, which is determined from point A6 to points A7, A8, A1. The side lengths are 9.94m; 13.11m; 11.51m; 25.23m;
1.79m; 2.21m; 5.10m; 1.80m.
– The East borders provincial road 115, determined from point A1 to point A2. The side length is 41.20m.
– The South side borders Mr. X's land, determined from point A2 to point A5. The side lengths are 4.18m; 3.66m; 6.26m; 35.64m respectively.
- The West borders Mr. Muon's land, determined from point A5 to point A6.
Has a side length of 41.60m.
* In the East, the current land use status encroaches on the land that has been granted land use rights to Mr. Quang Van X, which is plot number 558, the encroached area is 416.8 m2, determined from point A7 to points A8, A3, A4 and encroaches on the traffic road according to the cadastral map determined from point A8 to points A1, A2, A3 (Does not encroach on the traffic road in reality).
b) Assets on land plot number 671 include:
* Construction works:
– 01 Warehouse, with an area of 422.2m2, denoted as N1 in the diagram.
Features include a corrugated iron roof and a cement roof; iron columns and rafters; concrete columns; bamboo and wooden rafters; a B40 iron fence, a brick wall, a brick base with a B40 fence on top; concrete floor. Inside are old, unused longan drying kilns.
– 01 House with 02 floors, rigid frame. Symbolized as N2 in the diagram. The construction area of the first floor is 80.9m2. In the front there is a corrugated iron roof, brick wall, and iron bar doors. Symbolized as N4 in the diagram, the area is 29.2m2. Characteristics: Inside the first floor there is a loft. On the second floor at the back there is a corrugated iron roof, iron columns and trusses. The second floor roof is poured ceiling, a small part is skylights.
– 01 level 4 house, cement roof; marked as N3 in the diagram; has an area of 45.9m2. In the front there is 01 semi-roofed part, cement roof, brick wall, iron door; marked as N5 in the diagram; has an area of 23.4m2.
– 01 Toilet. Symbolized as N6 in the diagram. Area is 1.5m2.
– 02 Pig pens are roofed with Proximang. Marked as N7, N8 in the diagram. Old, damaged, degraded, no specific area measured.
– 01 Drilled well.
* The types of trees grown on the land include Longan trees grown over 10 years are 30 trees. Xoai trees grown over 5 years are 3 trees. Pomelo trees grown over 5 years are 6 trees. Mango trees grown over 10 years are 2 trees. Mango trees grown over 5 years are 5 trees. Guava trees grown over 3 years are 7 trees. Lemon trees grown over 3 years are 1 tree. Papaya trees grown from seeds over 3 years are 1 tree. Mulberry trees grown from 5 to 10 years are 1 tree. Fig trees grown from 5 to 10 years are 1 tree. Ornamental palm trees grown over 5 years are 1 tree.
In addition, the land also has some banana bushes and other short-term crops, the People's Court did not count the specific quantity.
* The current area has been fenced by the family, has clear boundaries with neighboring households, is in stable use, and has no disputes.
2. For the areas in plot No. 13, map sheet No. M-3. According to the land use right certificate No. Q 821174. The certificate registration number is 00574; the place of issue is the People's Committee of District S, issued on August 18, 2000, in the name of Mr. Luong Van P. Through verification results, it shows that these land areas have been completely recovered according to the recovery decisions No. 366/QD - UBND dated July 6, 2006, No. 1106/QD - UBND dated November 6, 2008, No. 487/QD - UBND dated August 6, 2007 of the People's Committee of District S, so there are no more assets to consider and appraise on the spot.
3. On August 16, 2024, the People's Court of Song Ma district, Son La province conducted an on-site appraisal of mortgaged assets, namely Land Use Rights, on areas of rice fields, specifically: 3. 1. Land plot No. 208a, map sheet No. ML according to Certificate of land use rights, house ownership rights and other assets attached to land No. Q 821174. The certificate registration number is 00574; The place of issue is the People's Committee of S district, issued on August 18, 2000 in the name of Mr. Luong Van P. The land plot address is Ban Y, Y2 commune, S district, Son La province.
Through on-site assessment, the results are as follows:
The total land area according to the issued Land Use Right Certificate is 560.0 m2 of rice land. The current area that the family is using is 409.5 m2 of rice land. The land area is reduced by 150.5 m2 compared to the area that has been issued with the Land Use Right Certificate.
Determined from point A1 to points A2, A3, A4, A5 in the diagram; there are the following contiguous quadrilaterals:
– The North borders Mrs. Vang's land, determined from point A1 to point A5.
The side lengths are 12.14m; 34.27m; 12.14m respectively.
– The East side borders the residential road, determined from point A1 to points A2, A3. The side lengths are 4.84m; 2.77m respectively.
- The South borders Mr. Uoi's land, determined from point A3 to point A4.
The side lengths are 22.15m; 11.17m; 13.91m respectively.
– The West side borders the residential road, determined from point A4 to point A5. The side lengths are 2.31m; 1.13m; 2.26m; 2.94m; 2.98m respectively.
* The entire land area is currently used for rice cultivation. There are no other assets on the land.
3.2 For land plot No. 95a; 96a, map sheet No. ML according to Certificate of land use rights, house ownership rights and other assets attached to land No. Q 821174. The certificate registration number is 00574; The place of issue is the People's Committee of S district, issued on August 18, 2000 in the name of Mr. Luong Van P. The land plot address is Ban Y, Y2 commune, S district, Son La province.
Through on-site assessment, the results are as follows:
a) For land plot No. 95a, the total land area according to the granted land use right certificate is 265.0m2 of rice land. The current area that the family is using is 220.6m2. The land area is reduced by 44.4m2 compared to the area that has been granted the land use right certificate.
Determined from point A4 to points A7, A8, A9, A10, A11, A12 in the diagram; there are the following adjacent quadrilaterals:
– The North borders Mr. Thuong's land, determined from point A4 to point A7. The side lengths are 3.00; 11.00m respectively.
– The East side borders the Water Ditch, which is determined from point A9 to point A7. The side length is 19.00m; 8.00m.
– The South borders Mr. Vi Van Thinh's land, determined from point A10 to A9. The side length is 5.00m.
– The West borders Mr. Do's land, determined from point A4 to point A10.
Has side lengths of 22.00m; 5.00m; 2.00m.
* The entire land area is currently used for rice cultivation. There are no other assets on the land.
b) For land plot No. 96a: The total land area according to the granted Land Use Right Certificate is 545.0m2 of rice land. The current area that the family is using is 282.9m2. The land area is reduced by 262.1m2 compared to the area that has been granted the Land Use Right Certificate.
Determined from point A1 to points A2, A3, A4, A5 in the diagram; there are the following contiguous quadrilaterals:
– The North borders Mr. Thuong's land, determined from point A1 to A3. The side lengths are 6.00m; 7.00m respectively.
– The East borders Mr. Thuong's land, determined from point A3 to point A4. The side length is 16.00m.
- The South borders Mr. Do's land, determined from point A5 to point A4.
Has side lengths of 14.00m.
– The West borders Mr. Lo's land, determined from point A5 to point A1. The side length is 17.00m.
* The entire land area is currently used for rice cultivation. There are no other assets on the land.
3.3 For land plot No. 2061, map sheet No. ML according to the Certificate of land use rights, house ownership rights and other assets attached to land No. Q 821174. The number recorded in the certificate issuance book is 00574; The place of issue is the People's Committee of S district, issued on August 18, 2000 in the name of Mr. Luong Van P. The address of the land plot is Ban Y, Y2 commune, S district, Son La province.
Through on-site assessment, the results are as follows:
The total land area according to the issued Land Use Right Certificate is 240.0 m2 of rice land. The current area that the family is using is 266.7 m2 of rice land. The land area increased by 26.7 m2 compared to the area that has been issued with the Land Use Right Certificate.
Determined from point A1 to points A2, A3, A4, A5 in the diagram; there are the following contiguous quadrilaterals:
- The North borders Mr. Dien's land, determined from point A1 to point A5.
Has side length of 33.50m; 2.10m.
– The East side borders Mr. Do's land, determined from point A1 to points A2, A3. The side lengths are 5.28m; 3.62m respectively.
- The South borders Mr. Uoi's land, determined from point A3 to point A4.
The side lengths are 27.88m and 0.94m respectively.
– The west side of the ditch is determined from point A4 to point A5.
The side lengths are 2.58m; 2.70m; 3.96m respectively.
* Assets on land include the entire land area currently growing rice. There are no other assets on the land.
(Diagram included)
III. Viewpoint of the prosecutor:
At the trial, the representative of the Procuracy stated the process of supervising the acceptance and settlement of the case:
– Regarding the proceedings, the acceptance and construction of the case file by the Song Ma District Court strictly complied with the provisions of the Civil Procedure Code. At the trial, the panel of judges strictly complied with the provisions of the law. The compliance with the law by the participants in the proceedings from the acceptance of the case until before the time of trial was strictly implemented in accordance with the provisions of the Civil Procedure Code.
– About the content 1. Accept the lawsuit request of the Vietnam Bank for Agriculture and Rural Development.
Requiring Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K to pay to Bank A - Song Ma branch, Son La the total amount provisionally calculated by the end of May 30, 2024 is 1,991,102,155 VND (One billion nine hundred and ninety one million one hundred and two thousand one hundred and fifty five dong). Of which, the principal loan is 1,765,000,000 VND (One billion seven hundred sixty five million dong even), interest during the term is 177,801,368 VND (One hundred seventy seven million eight hundred and one thousand three hundred sixty eight dong ), overdue interest is 48,300,155 VND (Forty eight million three hundred thousand one hundred fifty five dong).
From May 31, 2024, Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K must also pay interest and other fees according to the agreed contents in the contract until the entire debt is paid.
In case Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K do not pay the debt, Bank A has the right to request the competent civil enforcement agency to seize and auction the secured assets, which are the Land Use Rights and all assets on the land that have been granted the Certificate of Land Use Rights, House Ownership Rights and other assets attached to the land No. Q 821174; Certificate issuance number 00574; Place of issuance is the People's Committee of District S; Date of issuance is August 18, 2000 in the name of Mr. Luong Van P.
The mortgaged property is land plot number 5; 5a; 208a; 2061; 95a; 96a; map sheet number M-5; ML. The land plot address is Ban Y, Y2 commune, S district, Son La province. The total area according to the appraisal result is: Rural residential land is 400m2 (Plot number 671), perennial crop land is 2212.1m2 (Plot number 671 and plot number 558), rice land is 959.1m2 (plots number 2061, 208a, 96a, 95a).
For plot number 558, the right to use was granted to Mr. Quang Van X and the property on this plot of land was determined to belong to Mr. Luong Van P's family, so it was also seized and auctioned to recover debt for the plaintiff.
The specific characteristics of the collateral are described in detail in the appraisal review minutes dated August 13, 2024 and August 16, 2024 and the attached diagram.
In case after handling the above-mentioned assets, it is still not enough to pay the debt and other arising expenses (if any) according to the provisions of law, Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K will continue to be obliged to pay the remaining amount; if there is any surplus, Bank A is responsible for returning it to Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K.
2. Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K are exempted from first-instance civil court fees and must bear litigation costs and other costs arising according to the law during the execution phase (if any).
JUDGMENT OF THE COURT
Based on the documents and evidence in the file and examined at the trial, the statements of the representative of the People's Procuracy of Song Ma district and the parties present at the trial, the Trial Panel determined as follows:
[1] On procedural law is [1.1] Regarding the jurisdiction to resolve the case, it is the case according to the lawsuit filed by Bank A against the defendants Mr. Luong Van P and Ms. Luong Thi P1 (Mr. P's wife) and the children of Mr. P and Ms. Tien: Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K. Mr. P's household has a business registration and residence registration in Song Ma district, Son La province. Therefore, regarding the plaintiff's request to initiate a lawsuit requesting Mr. P's family to pay the loan amount under Credit Contract No. 7907-LAV-202200851 dated June 24, 2022 with Bank A at Song Ma branch, it is determined that this is a credit contract dispute and recovery of secured assets between two parties with business registration and both have profit purposes, so determining the dispute relationship is a commercial business dispute under Clause 1, Article 30 of the Civil Procedure Code accepted and resolved by Song Ma District People's Court is in accordance with the provisions of Point b, Clause 1, Article 35 and Point a, Clause 1, Article 39 of the Civil Procedure Code.
[1.2] Regarding the status of participating in the proceedings:
In the petition dated May 31, 2024, the plaintiff sued the defendants, Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K. The on-site assessment process of the Court showed that the current land area that Mr. P's family is using has a plot number 558, map sheet number 149, which has granted the right to use to Mr. Quang Van X but was transferred by Mr. X and his wife - Ms. X2 to Mr. Luong Van P's family. Therefore, determining the procedural status of Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K participating in the proceedings as defendants, Mr. Quang Van X, Ms. Quang Thi X2 participating in the proceedings as persons with related rights and obligations is correct according to the provisions of Article 68 of the Civil Procedure Code.
When concluding the credit contract No. 7907-LAV-202200851 dated June 24, 2022 with Bank A at Song Ma branch, it was signed by Mr. Luong Van P alone (on the basis of authorization of Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K) and signed as a representative of the business household borrowing capital. Therefore, determining that the borrower is Mr. Luong Van P, Mr. P must be obliged to pay the entire loan amount to the plaintiff.
[1.3] Regarding the absence of the party, the Defendant, the person with related rights and obligations, who has expressed opinions on the settlement of the case and has submitted a request not to conduct mediation and request for trial in absentia, the settlement and trial in absentia of the Defendant, the person with related rights and obligations, is in accordance with the provisions of Clause 1, Article 228 of the Civil Procedure Code.
[2] The content of the case is [2.1] Consider the content of the credit contract:
The Plaintiff and Mr. Luong Van P signed Credit Contract No. 7907-LAV-202200851 dated June 24, 2022 to borrow an amount of VND 1,800,000,000 including the outstanding balance of VND 1,800,000,000 of Credit Contract No. 7907-LAV-202100130 dated February 2, 2021 transferred. The lending method is according to the credit limit; The limit maintenance period is 12 months from June 24, 2022, the purpose of the loan is to trade in agricultural products. Bank A, S District Branch, Son La has disbursed the amount in accordance with the debt acknowledgments signed by the Defendant and the repayment period corresponding to each debt acknowledgment.
Immediately after the contract was signed, the plaintiff, the lender, disbursed the amount of money to the borrower as agreed in the contract. However, the defendant did not fulfill its obligations to pay interest and principal within the committed time limit, despite the Bank having worked with it many times, leading to the debt being overdue from August 4, 2023. As of the end of the day, the end of the day, the end of the day, the end of the day, May 30, 2024, Mr. Luong Van P's family still owed a total amount of 1,991,102,155 VND to Bank A, S District Branch, Son La. (One billion nine hundred and ninety one million one hundred and two thousand one hundred and fifty five dong). Of which, the principal loan is 1,765,000,000 VND (One billion seven hundred sixty five million dong even), interest during the term is 177,801,368 VND (One hundred seventy seven million eight hundred and one thousand three hundred sixty eight dong), overdue interest is 48,300,155 VND (Forty eight million three hundred thousand one hundred fifty five dong).
According to the documents provided by the plaintiff, the loan and mortgage were made in writing and fully signed by the parties involved and the defendant acknowledged that these contents were correct. Thus, there is sufficient basis to determine that when signing this Credit Contract, the parties were voluntary and had full legal status and civil capacity according to the provisions of the Civil Code. Considering that the content of the contract is not contrary to social ethics, does not violate the prohibitions of the Law, the contract is legally valid, giving rise to rights and obligations between the parties who signed it, the parties must have the obligation to perform according to the terms agreed in the contract, so the Trial Panel accepts the plaintiff's request to force the defendant to be responsible for paying the debt according to the plaintiff's lawsuit request.
The remaining debt amount proposed by the plaintiff is consistent with the actual outstanding debt, the interest amount proposed by the plaintiff is consistent with the interest calculation method guided in Resolution No. 01/2019/NQ-HDTP dated November 10, 2019 of the Council of Judges of the Supreme People's Court guiding the application of a number of legal provisions on interest, interest rates, and penalties for violations. Considering that the calculation of overdue and on-time interest by the plaintiff does not violate the provisions of law on interest calculation, the Trial Panel has no basis to recalculate interest but accepts the principal and interest as requested by the plaintiff.
[2.2] Consider the validity of the mortgage contract a) The mortgage contract for the loan includes the Mortgage Contract for Land Use Rights and Assets Attached to Land No. 01/2018/HDTC signed on August 15, 2018 and the contract amending and supplementing the mortgage contract No. 01/2022/HDSDBS dated June 24, 2022 certified by the People's Committee of Y2 commune, S district for the land use rights and all assets on the land that have been granted a Certificate of Land Use Rights, House Ownership Rights and Other Assets Attached to Land No. Q 821174; Certificate issuance number 00574; Place of issue is the People's Committee of S district; Date of issue is August 18, 2000 in the name of Mr. Luong Van P.
Mr. Luong Van P has a written commitment to use this property as collateral for the loan.
The use of these assets as mortgage has been registered as mortgage by the Branch of the Land Registration Office of District S according to regulations. The defendant acknowledges that the content of this mortgage is correct and is performed on a voluntary basis.
The Trial Panel (TP) considers that the parties signing the mortgage contract have full civil capacity, legal status, on a voluntary basis, the terms of the contract do not violate the prohibitions of the Law, are not contrary to social ethics, the mortgaged property is registered with a competent State agency. Thus, the mortgage contract specifically stated above for the loan of credit contract No. 7907-LAV-202200851 dated June 24, 2022 ensures the form and conditions of the mortgage contract of land use rights according to the provisions of Clause 12, Article 9 of Circular 24/2014/TT-BTNMT dated May 19, 2014;
b) The land area and assets on the land under the land use right that have been used as collateral for the loan through on-site appraisal are determined to be the mortgaged assets are plots of land No. 5; 5a; 208a; 2061; 95a; 96a; map sheet No. M-5; ML. The land plot address is Ban Y, Y2 commune, S district, Son La province. The total area according to the appraisal results is: Rural residential land is 400m2 (Plot No. 671), perennial crop land is 2212.1m2 (Plot No. 671 and Plot No. 558), rice land is 959.1m2 (Plots No. 2061, 208a, 96a, 95a); Land plot No. 558 has been granted the right to use to Mr. Quang Van X, Ms. Quang Thi X2 and the assets on this land plot are determined to belong to the family of Mr. Luong Van P. Along with all assets on the above land plots.
The above-mentioned assets have been examined and appraised on-site by the People's Court of Song Ma district, Son La province with specific characteristics as described in Section II of the Case Contents of this Judgment.
Regarding the land area at plot 558, which has been granted the right to use to Mr. Quang Van X: Mr. X has admitted that this area has been transferred by him to Mr. P's family for a long time and that Mr. P's family has been using it stably, and there is no dispute between the two parties. He requests the Court to recognize that this belongs to Mr. P's family's land use rights. Through on-site assessment, it is also shown that Mr. P's family has built part of a 2-storey house with a rigid frame on the land area of plot 558. The area built on plot 558 cannot be dismantled or moved, because it will affect the entire structure of the house. Because both Mr. X and Mr. P could not clearly determine the specific time of transfer for this land area, although the transfer violated the formality of having to make a notarized and certified document according to regulations, Mr. P has paid Mr. X and has been using it stably. Therefore, determining that the transfer transaction of land plot No. 558 is legally valid is in accordance with the provisions of Article 129 of the 2015 Civil Code. The Panel of Judges considers that the recognition of the land use rights of land plot No. 558 under the use rights of Mr. Luong Van P's family is consistent with the reality and will of the parties, and at the same time determining that this is also the mortgaged property securing the loan is consistent with the actual use of the property. Therefore, in case Mr. P's family cannot repay the debt, this area will also be seized and auctioned. Mr. X's family will have to adjust the Land Use Rights Certificate for this land plot No. 558.
For the areas in plot number 13, map sheet number M-3. According to the land use right certificate number Q 821174. The number recorded in the certificate issuance book is 00574; The place of issue was the People's Committee of S district issued on August 18, 2000 in the name of Mr. Luong Van P. Through verification results, it shows that these land areas have been completely recovered according to the recovery decisions No. 366/QD - UBND dated July 6, 2006, No. 1106/QD - UBND dated November 6, 2008, No. 487/QD - UBND dated August 6, 2007 of the People's Committee of S district to carry out resettlement, so at the time of mortgage, it was no longer under the right of use of Mr. Luong Van P's household. Therefore, the mortgage of the land area at plot No. 13, map sheet No. M - 3, according to the land use right certificate No. Q 821174, there is no subject to perform, so the seizure and auction of this area to fulfill the defendant's debt repayment obligation is not resolved.
The above mortgage contracts describe the collateral assets on the land that are lacking compared to the appraisal record of Song Ma District People's Court. However, based on the agreed contents in the mortgage contract and especially the agreement clearly stated in Clause 1.5, Article 1, Section II of the mortgage contract, "All assets attached to and existing on the land plot before and during the process of handling the Mortgaged Assets are mortgaged assets and Party A has the right to handle them, regardless of whether the assets exist before or after the time of signing this Contract, regardless of whether the assets are invested in, renovated, built by Party B or allowed to be invested in, renovated, built by a third party.”. Therefore, in addition to the assets on the land that have been specifically described in the minutes of on-site appraisal dated August 13, 2024 and August 16, 2024 of the People's Court of Song Ma district, Son La province, when the seizure is carried out, if the land areas being used are determined to be collateral for the loan as described, there are also other assets attached to the land and the actual status of the assets listed and described in the appraisal minutes have changed in characteristics, quantity, and current status, they are also collateral for the loan and will also be seized and auctioned to recover debt for the plaintiff, which is in accordance with the agreement of the parties when entering into the mortgage contract and is effective.
The contents of the assets mentioned in the above analysis are determined to be valid mortgaged assets in the mortgage contract for the loan of credit contract No. 7907-LAV-202200851 dated June 24, 2022, so the parties involved in the mortgage contract must have the obligation to fulfill the commitments agreed upon in the contract.
[3] Consider the plaintiff's request to handle assets to recover debt:
As mentioned and analyzed in section [2.1] and section [2.2] of the Commentary of this judgment, the mortgage contracts are all valid for the land use rights and assets on the land mentioned in section [2.1] and section [2.2] of the Commentary; Considering that the Request to handle mortgaged assets to recover debt of Bank A is well-founded and guaranteed in accordance with the provisions of the Civil Code and Decree No. 163/2006/ND-CP dated December 29, 2006 on Secured Transactions and Decree No. 11/2012/ND-CP dated February 22, 2012 of the Government on amending and supplementing a number of articles of Decree No. 163/2006/ND-CP dated December 29, 2006; Contract amending and supplementing mortgage contract No. 01/2022/HDSDBS dated June 24, 2022 in accordance with Decree No. 21/2021/ND-CP dated March 19, 2021. Therefore, Abu Bank's request to initiate a lawsuit requires Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K to pay Bank A - Song Ma branch, Son La the total amount provisionally calculated up to May 30, 2024, the total amount is 1,991,102,155 VND (One billion nine hundred and ninety one million one hundred and two thousand one hundred and fifty five dong). Of which, the principal loan is 1,765,000,000 VND (One billion seven hundred sixty five million dong even), interest during the term is 177,801,368 VND (One hundred seventy seven million eight hundred and one thousand three hundred sixty eight dong), overdue interest is 48,300,155 VND (Forty eight million three hundred thousand one hundred fifty five dong) and interest accruing on the actual principal balance from May 31, 2024 until the full debt is paid is legally based, so the Panel of Judges accepts the plaintiff's request to initiate a lawsuit.
Therefore, if Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K cannot pay the debt to the plaintiff, immediately after the first instance judgment comes into effect, the plaintiff has the right to request the competent enforcement agency to sue and auction the secured assets as specifically stated in Section II of the Case Contents of the Judgment and as analyzed and commented in Section [2.1] and Section [2.2] of the Comments section of this Judgment to recover the debt for the Bank.
After seizing and selling off the assets securing the loan, if the assets are still insufficient to pay the debt and other costs (if any) as prescribed by law, the defendant shall continue to be obliged to pay the remaining amount to the plaintiff.
The plaintiff's request to declare that the plaintiff has the right to request the competent civil enforcement agency to enforce, seize, and sell at auction any property owned or used by the defendant as well as other legal sources of income of the defendant to recover debt for the plaintiff will be implemented at the stage of civil enforcement according to the provisions of relevant laws applied to regulate, so the Court does not declare this right for the plaintiff in the judgment.
[4] Regarding court fees, litigation costs and other costs, because the plaintiff's request to initiate a lawsuit was accepted, he is not required to pay civil court fees at first instance according to general regulations. The defendant is an ethnic minority living in a commune with particularly difficult socio-economic conditions and has a request for exemption from court fees accepted by the Court, so he is exempted from court fees according to general regulations.
Regarding the on-site appraisal costs and other litigation costs at the Court, Bank A - Song Ma branch paid in advance according to receipt No. TM20 dated July 6, 2024 and TM 21 dated September 26, 2024, payment voucher No. C0020 dated September 26, 2024, the plaintiff's representative has paid the amount of VND 23,394,000 and requested the defendant to refund this cost. Because the plaintiff's request to initiate a lawsuit was accepted, the defendant must be responsible for refunding the plaintiff the on-site appraisal costs of VND 23,394,000 (Twenty three million three hundred ninety four thousand dong).
In case the plaintiff must request enforcement of judgment to recover debt, the defendant must bear the costs incurred for enforcement (if any) according to the provisions of law.
For the above reasons.
DECISION
Pursuant to Clause 1, Article 30, Point b, Clause 1, Article 35, Point a, Clause 1, Article 39; Articles 147, 155, 156, 157, 158; Clause 1, Article 228 of the Civil Procedure Code;
Pursuant to Articles 292, 293, 295, 297, 298, 299, 301, 302, 303, 304, 305, 317, 318, Clause 7, Article 323, Article 351, Article 500; Articles 357, 463, 466, 468;
117; Articles 129, 160, 205, 206 of the Civil Code;
Pursuant to Articles 90, 91, 95, 98 of the Law on Credit Institutions;
Pursuant to Point d, Clause 1, Article 12 of Resolution 326/2016/UBTVQH14 dated December 30, 2016 of the Standing Committee of the National Assembly on Regulations on collection, exemption, reduction, collection, payment, management and use of court fees and charges.
I. Regarding the lawsuit request: Accept the content of Bank A's lawsuit against Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K 1. Force Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K to pay to Bank A - Song Ma branch, Son La the total amount of money estimated by the end of May 30, 2024 that Mr. Luong Van P's family still owes at Bank A - S district branch, Son La, a total amount of 1,991,102,155 VND. (One billion nine hundred and ninety one million one hundred and two thousand one hundred and fifty five dong). Of which, the principal loan is 1,765,000,000 VND (One billion seven hundred sixty five million dong even), interest during the term is 177,801,368 VND (One hundred seventy seven million eight hundred and one thousand three hundred sixty eight dong), overdue interest is 48,300,155 VND (Forty-eight million three hundred thousand one hundred and fifty five dong).
From May 31, 2024, Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K must also pay interest and other fees according to the agreed contents in the contract until the entire debt is paid.
2. From the date the judgment takes legal effect, if Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K cannot pay the above debt and the debt amount arising up to the time of payment, Bank A has the right to request the competent civil enforcement agency to proceed with the seizure, auction, and sale of the following mortgaged assets to recover the debt:
2.1 Land area at plot number 671, map sheet number 149 (Original plot is 5.5a sheet M-5 according to Certificate of land use rights, house ownership rights and other assets attached to land number Q 821174. Certificate registration number is 00574; Place of issue is S district People's Committee issued on August 18, 2000 in the name of Mr. Luong Van P). The address of the land plot is Ban Y, Y2 commune, S district, Son La province.
a) Regarding land: The total current land area in use is 2,612.1 m2. Of which, rural residential land is 400.0 m2, perennial crop land is 2,212.1 m2 (an increase of 1,162.1 m2 of perennial crop land compared to the area granted a land use right certificate, including the area of land plot No. 558). Determined from point A1 to points A2, A3, A4, A5, A6, A7, A8 in the diagram; there are the following adjacent areas:
– The North borders the residential road, which is determined from point A6 to points A7, A8, A1. The side lengths are 9.94m; 13.11m; 11.51m;
25.23m; 1.79m; 2.21m; 5.10m; 1.80m.
– The East borders provincial road 115, determined from point A1 to point A2. The side length is 41.20m.
- The South borders Mr. X's land, determined from point A2 to point A5.
The side lengths are 4.18m; 3.66m; 6.26m; 35.64m respectively.
– The West borders Mr. Muon's land, determined from point A5 to point A6. The side length is 41.60m.
* Land plot No. 558 has an area of 416.8 m2, determined from point A7 to points A8, A3, A4 and encroaches on the traffic road according to the cadastral map determined from point A8 to points A1, A2, A3 (not encroaching on the actual traffic road) in the land use right certificate No. AL 785360 issued on August 28, 2010 to Mr. Quàng Văn X and Ms. Quàng Thị X2. This land area is also seized and auctioned to recover debt for the plaintiff.
The owner of this land area must use it in accordance with the relevant legal provisions applicable at each time of use.
Require Mr. Quàng Văn X and Ms. Quàng Thị X2 to hand over the issued land use right certificate with land plot number 558 so that the competent State agency can correct the land use right certificate. The land use right certificate issued to Mr. Quàng Văn X and Ms. Quàng Thị X2 has number AL 785360, dated August 28, 2010, entry number H00860, issued by the People's Committee of Song Ma district.
b) Property on land number 671 includes:
– 01 warehouse, with an area of 422.2m2, denoted as N1 in the diagram. It is characterized by a roof covered with corrugated iron and a roof covered with Proximang; iron columns and rafters; concrete columns; bamboo and wooden rafters; B40 iron fence, brick walls, and brick bases with B40 fences on top; concrete floor. Inside are old longan drying kilns, unused.
– 01 House with 02 floors, rigid frame. Symbolized as N2 in the diagram. The construction area of the first floor is 80.9m2. In the front there is a corrugated iron roof, brick wall, and iron bar doors. Symbolized as N4 in the diagram, the area is 29.2m2. Characteristics: Inside the first floor there is a loft. On the second floor at the back there is a corrugated iron roof, iron columns and trusses. The second floor roof is poured ceiling, a small part is skylights.
– 01 level 4 house, cement roof; marked as N3 in the diagram; has an area of 45.9m2. In the front there is 01 semi-roofed part, cement roof, brick wall, iron door; marked as N5 in the diagram; has an area of 23.4m2.
– 01 Toilet. Symbolized as N6 in the diagram. Area is 1.5m2.
– 02 Pig pens are roofed with Proximang. Marked as N7, N8 in the diagram. Old, damaged, degraded, no specific area measured.
– 01 Drilled well.
– The types of trees grown on the land include Longan trees planted over 10 years old are 30 trees. Xoai trees planted over 5 years old are 3 trees. Pomelo trees planted over 5 years old are 6 trees. Mango trees planted over 10 years old are 2 trees. Mango trees planted over 5 years old are 5 trees. Guava trees planted over 3 years old are 7 trees. Lemon trees planted over 3 years old are 1 tree. Papaya trees planted from seeds over 3 years old are 1 tree. Mulberry trees from 5 – 10 years old are 1 tree. Fig trees from 5 – 10 years old are 1 tree. Ornamental palm trees over 5 years old are 1 tree.
* The current area has been fenced by the family, has clear boundaries with neighboring households, is in stable use, and has no disputes.
2.2 Land plot No. 208a, map sheet No. ML according to Certificate of land use rights, house ownership rights and other assets attached to land No. Q 821174. Certificate registration number is 00574; Place of issue is S District People's Committee issued on August 18, 2000 in the name of Mr. Luong Van P. Land plot address: Ban Y, Y2 commune, S district, Son La province.
* Total land area is 409.5 m2 of rice land (Land area is reduced by 150.5 m2 compared to the area that has been granted a land use right certificate).
Determined from point A1 to points A2, A3, A4, A5 in the diagram;
has the following adjacent quadrilaterals:
– The North borders Mrs. Vang's land, determined from point A1 to point A5.
The side lengths are 12.14m; 34.27m; 12.14m respectively.
– The East side borders the residential road, determined from point A1 to points A2, A3. The side lengths are 4.84m; 2.77m respectively.
- The South borders Mr. Uoi's land, determined from point A3 to point A4.
The side lengths are 22.15m; 11.17m; 13.91m respectively.
– The West side borders the residential road, determined from point A4 to point A5. The side lengths are 2.31m; 1.13m; 2.26m; 2.94m; 2.98m respectively.
* The entire land area is currently used to grow rice by season.
2.3 Land area at plots 95a; 96a on map sheet ML according to Certificate of land use rights, house ownership rights and other assets attached to land No. Q 821174. The certificate registration number is 00574; The place of issue is the People's Committee of S district, issued on August 18, 2000 in the name of Mr. Luong Van P. The address of the land plot is Ban Y, Y2 commune, S district, Son La province.
a) For land plot No. 95a: Total land area is 220.6m2 (Land area is reduced by 44.4m2 compared to the area granted land use right certificate). Determined from point A4 to points A7, A8, A9, A10, A11, A12 in the diagram; has the following adjacent boundaries:
– The North borders Mr. Thuong's land, which is determined from point A4 to point A7. The side lengths are 3.00; 11.00m respectively.
– The East side borders the Water Ditch, which is determined from point A9 to point A7. The side length is 19.00m; 8.00m.
– The South borders Mr. Vi Van Thinh's land, determined from point A10 to A9. The side length is 5.00m.
– The West borders Mr. Do's land, determined from point A4 to point A10.
Has side lengths of 22.00m; 5.00m; 2.00m.
* The entire land area is currently used for rice cultivation. There are no other assets on the land.
b) For land plot No. 96a: Total land area is 282.9m2 (Land area is reduced by 262.1m2 compared to the area granted land use right certificate). Determined from point A1 to points A2, A3, A4, A5 in the diagram; there are the following adjacent quadrangles:
– The North borders Mr. Thuong's land, determined from point A1 to A3. The side lengths are 6.00m; 7.00m respectively.
– The East borders Mr. Thuong's land, determined from point A3 to point A4. The side length is 16.00m.
- The South borders Mr. Do's land, determined from point A5 to point A4.
Has side lengths of 14.00m.
– The West borders Mr. Lo's land, determined from point A5 to point A1.
Has a side length of 17.00m.
* The entire land area is currently used to grow rice by season.
2.4 Land area at plot number 2061, map sheet number ML according to Certificate of land use rights, house ownership rights and other assets attached to land number Q 821174. The number recorded in the certificate book is 00574; The place of issue is the People's Committee of S district, issued on August 18, 2000 in the name of Mr. Luong Van P. The address of the land plot is Ban Y, Y2 commune, S district, Son La province.
The total land area is 266.7 m2 of rice land. (The land area increases by 26.7 m2 compared to the area that has been granted a land use right certificate). Determined from point A1 to points A2, A3, A4, A5 in the diagram; there are the following adjacent quadrangles:
- The North borders Mr. Dien's land, determined from point A1 to point A5.
Has side length of 33.50m; 2.10m.
– The East side borders Mr. Do's land, determined from point A1 to points A2, A3. The side lengths are 5.28m; 3.62m respectively.
- The South borders Mr. Uoi's land, determined from point A3 to point A4.
The side lengths are 27.88m and 0.94m respectively.
– The west side of the ditch is determined from point A4 to point A5.
The side lengths are 2.58m; 2.70m; 3.96m respectively.
The entire land area is currently under rice cultivation.
* All land areas have attached diagrams.
For the listed assets with specific characteristics as stated above, in case the mortgaged assets must be seized to enforce the judgment, if the re-inspection process reveals any additional assets located within the land area that has been granted the right to use or the described assets have changed in status or quantity, they are also assets securing the loan as agreed by the parties when signing the mortgage contract, so they can still be seized and auctioned according to general procedures.
When carrying out the seizure and auction to recover the debt for the plaintiff for the land area increased compared to the land area for which land use rights have been granted and for the land area at plot number 558 (mentioned in point a, sub-section 2.1, section 2, part I of the Decision), the entity with the right to use must fulfill tax obligations and make adjustments to the land use right certificate according to general regulations.
For land areas whose land use rights have expired, the next user has the right to continue applying for an extension of land use rights according to general regulations.
3. In case after handling the assets stated in Section 2 of the Decision in this judgment, it is still not enough to pay the debt and other arising expenses (if any) according to the provisions of law, Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K will continue to be obliged to pay the remaining amount.
If the collateral for the loan is sold and there is still a surplus, the plaintiff is responsible for returning the surplus amount.
In case Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K fulfill their debt repayment obligations including principal, interest and other arising costs (if any) according to the provisions of law at the time of payment to Bank A without having to handle the property, the parties involved in the mortgage contract must carry out the mortgage cancellation procedure and return the Land Use Right Certificate to the person granted the corresponding land use right.
II. Regarding litigation costs, court fees and other expenses:
Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K must pay Bank A - District S Branch the litigation costs of 23,394,000 VND (Twenty three million three hundred ninety four thousand dong).
From the date the party entitled to request enforcement of the judgment files a request for enforcement of the judgment for the amount of money subject to enforcement, the party obliged to enforce the judgment must also pay interest on the amount of late payment as prescribed in Article 357, Clause 2. Article 468 of the 2015 Civil Code corresponds to the period of late payment at the time of payment.
Bank A is not required to pay the first instance civil court fees and will be refunded the advance payment of court fees of VND 35,000,000 according to receipt number 0001600 dated July 1, 2024 at the Civil Judgment Enforcement Office of Song Ma district, Son La province.
Mr. Luong Van P, Ms. Luong Thi P1, Ms. Luong Thi D, Ms. Luong Thi K, Ms. Luong Thi K are exempted from first-instance civil court fees and must bear the costs arising from the execution of the judgment (if any).
III. Regarding the right to appeal: The parties present at the trial have the right to appeal within 15 days from the date of judgment (September 27, 2024). The parties absent from the trial have the right to appeal within 15 days from the date of receiving the judgment or the judgment is posted as prescribed.
In case this Judgment 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 shall have to: The right to agree on the enforcement of judgments, the right to request enforcement of judgments, to voluntarily enforce judgments or to be forced to enforce judgments according to the provisions of Articles 6, 7, 7a, 7b and 9 of the Law on Civil Judgment Enforcement; The statute of limitations for enforcement of judgments is implemented according to the provisions of Article 30 of the Law on Civil Judgment Enforcement.
