On April 10 and 14, 2025, at the headquarters of Binh Phuoc Provincial People's Court, the appeal case No. 260/2024/TLPT-DS dated December 31, 2024 regarding: "Deposit contract dispute”. Because the Civil Judgment at First Instance No. 65/2024/DS-ST dated September 20, 2024 of the People's Court of Hon Quan District was appealed. According to the decision to bring the case to the appellate trial No. 35/2025/QDXXPT-DS dated February 12, 2025, between:
– Plaintiff: Mr. Khieu Huu T, born in 1969; Address: Group B, Hamlet T, Commune T, Town B, Binh Phuoc Province. (absent)
Authorized representative of the plaintiff: Mr. Duong Tat P, born in 1983; Group F, Quarter P, Ward A, Town B, Binh Phuoc Province (Present)
– Defendant: Ms. Nguyen Thi Anh D, born in 1977; Address: Group B, Hamlet B, Commune A, District H, Binh Phuoc Province (Absent) Ms. Nguyen Thi Anh D authorized Ms. Nguyen Thi Mai H1, born in 1989.
Residing at Quarter P, Ward T, City., Binh Phuoc Province. (Present)
– Persons with related rights and obligations:
Mr. Pham The A, born in 1985, Ms. Nguyen Thi Minh H2, born in 1986, address: Group C, Hamlet C, Commune A, District H, Binh Phuoc Province. (Requested to be absent).
Ms. Nguyen Hong D1, born in 1982, address: Group F, Quarter A, Town T, District H, Binh Phuoc Province. (Requested to be absent)
*Fishyeahi appealDefendant Ms. Nguyen Thi Anh D.
CASE CONTENT
Mr. Duong Tat P - Authorized representative of the plaintiff presented: On July 1, 2022, Mr. Khieu Huu T and Ms. Nguyen Thi Anh D signed a Deposit Contract for the transfer of land use rights and assets attached to the land (hereinafter referred to as the deposit contract) with the following content: Ms. D committed to transferring to Mr. T land plot No. 854, map sheet No. 18, area 648.8 m2, including 100 m2 of rural residential land and 548.8 m2 of land for perennial crops, the land is located in Hamlet F, Commune A, District H, Binh Phuoc Province for the price of VND 800,000,000 (T1 hundred million dong). First time: On July 1, 2022, Mr. T deposited VND 200,000,000 (two hundred million dong) to Ms. D. 2nd time: From July 1, 2022 to September 2, 2022, the two parties will sign a notarized contract and Mr. T will pay the remaining amount of VND 600,000,000 according to the contract. On August 31, 2022, Mr. T agreed to pay Ms. D the remaining amount of VND 600,000,000 according to the contract, and at the same time extended the notarization signing period to September 26, 2022. On September 24, 2024, Mr. T and Ms. D agreed to invite the surveying agency to measure the land and set up markers, but discovered that the land overlapped with the adjacent plot, so the notarized contract could not be signed within the agreed time. After that, Mr. T repeatedly asked Ms. D to return him VND 800,000,000, but Ms. D did not pay.
Because Ms. D guaranteed that the land was not in dispute, was in the correct location and area, when the land was measured and checked, it was found to be missing and had a boundary dispute, so Ms. D was at fault. Therefore, in the lawsuit, Mr. T requested: To declare void the Deposit Contract for the transfer of land use rights and assets attached to the land dated July 1, 2022 between Mr. Khieu Huu T and Ms. Nguyen Thi Anh D for land plot No. 854, map sheet No. 18, in Hamlet F, Commune A, District H, Binh Phuoc Province. Force Ms. Nguyen Thi Anh D to pay Mr. Khieu Huu T a deposit of VND 800,000,000 and a fine of VND 800,000,000, a total of VND 1,600,000,000 (One billion six hundred million dong).
At the trial, Mr. T withdrew part of the lawsuit requesting that Ms. Nguyen Thi Anh D pay a fine of 800,000,000 VND (Eight hundred million VND).
Defendant Ms. Nguyen Thi Anh D stated:
Mr. Pham The A and Ms. Nguyen Thi Minh H2 were granted Land Use Right Certificate No. CU 878114, Certificate issuance registration number: CS 06853, for land plot 854 (now plot 349), map sheet 16 in Hamlet B, Commune A, District H, Binh Phuoc Province on March 25, 2020. In April 2022, Mr. The A and Ms. H2 agreed to transfer the above land plot to Ms. Nguyen Hong D1. The two parties did not sign a transfer contract, but Mr. The A and Ms. H2 signed a contract authorizing full authority over the above land plot to Ms. Nguyen Hong D1 on April 22, 2022 at Office C. After that, Ms. Nguyen Hong D1 agreed to transfer land plot No. 854 to Ms. Nguyen Thi Anh D for VND 830,000,000. Ms. Nguyen Thi Anh D has paid all the money to Ms. Nguyen Hong D1. On June 29, 2022, at Office C, Ms. Nguyen Hong D1 signed a contract of full authorization for land plot 854 to Ms. Nguyen Thi Anh D.
On July 1, 2022, Ms. Anh Đ agreed to transfer land plot 854 to Mr. Khieu Huu T for VND 800,000,000. On July 1, 2022, Mr. T deposited VND 200,000,000. The two parties committed to sign a notarized contract two months later (September 2, 2022). Ms. Đ asked Mr. T to sign the notarized contract, but he said to wait for him to sell the land and then Ms. Đ would sign the contract directly with the buyer of Mr. T's land. On August 31, 2022, Mr. T paid Ms. Anh Đ the remaining VND 600,000,000, and Ms. Đ handed over the land to Mr. T according to the boundary that she had received from Ms. Nguyen Hong Đ1. On September 24, 2022, the buyer of plot 854 from Mr. T asked him to invite the land authority to measure and mark the land to hand over to them and sign a notarized contract. However, when measuring, it was discovered that the fence of the owner of the adjacent plot encroached on plot 854, so the buyer did not agree to sign the notarized contract.
Ms. D1 did not agree to cancel the deposit contract and did not agree to return the money as requested by Mr. T because she had delivered enough land according to the Land Use Rights Certificate. Now that the land has been encroached upon by someone else, Mr. T must take responsibility.
The person with related rights and obligations, Ms. Nguyen Hong D1, presented:
On April 22, 2022, Ms. Hong D1 agreed to accept the transfer of land plot 854 from Mr. The A and Ms. Minh H2. Ms. Hong D1 checked and found that the land had clear boundaries and no disputes, so she agreed to buy. Because Ms. Hong D1 bought it to sell, they did not go through the transfer procedure, but Mr. The A and his wife signed a power of attorney contract with full authority for Ms. Hong D1 at Office C, notarized number 002108 dated April 22, 2022. After signing the power of attorney contract, Ms. Hong D1 paid all the money and Mr. The A and his wife handed over the land and the red book to Ms. Hong D1. On June 29, 2022, Ms. Hong D1 transferred land plot 854 to Ms. Nguyen Thi Anh D and handed over the land to Ms. Anh D as the boundary that Mr. The A had handed over. On June 29, 2022, Ms. Hong D1 signed authorization contract No. 003684 at Huynh Thanh T2 Office to authorize land plot 854 to Ms. Anh D. After signing the contract, Ms. Anh D paid all the money, Ms. Hong D1 handed over the land and land certificate, and the contract ended. Ms. Hong D1 did not know and was not involved in the subsequent transactions regarding land plot 854, so she did not make any requests in this case.
People with related rights and obligations: Mr. Pham The A, Ms. Nguyen Thi Minh H2 presentation:
Mr. Pham The A and Ms. Nguyen Thi Minh H2 are the owners of land plot No. 854 in Hamlet F, Commune A, but in fact they transferred it to Ms. Nguyen Hong D1 by a power of attorney contract at the notary office. Since the land transfer and the certificate were handed over to Ms. Nguyen Hong D1, they have no more involvement with the above land plot. Any transactions arising after the transfer of land to Ms. Hong D1, if there is a dispute, the Court is requested to resolve it based on the provisions of law. They have no dispute, are not involved, and do not know anything about the transaction between Mr. Khieu Huu T and Ms. Nguyen Thi Anh D, so they have no opinion or request in this case.
In the Civil Judgment at First Instance No. 65/2024/DS-ST dated September 20, 2024 of People's Court of Hon Quan district, Binh Phuoc province decided:
1. Partially accept the lawsuit request of Mr. Khieu Huu T.
Cancellation of the deposit contract for the transfer of land use rights and assets on land dated July 1, 2022 between Ms. Nguyen Thi Anh D and Mr. Khieu Huu T.
2. Force Ms. Nguyen Thi Anh D to return to Mr. Khieu Huu T the remaining deposit of 800,000,000 VND (Eight hundred million VND).
In addition, the judgment also reflects the decision of the Trial Panel on court fees, litigation costs, enforcement obligations and the right to appeal of the parties according to the provisions of law.
After the first instance trial, on September 27, 2024, the defendant Ms. Nguyen Thi Anh D filed an appeal, requesting the Court of Appeal to amend the First Instance Judgment in the direction of not accepting the plaintiff's request to initiate a lawsuit.
At the appeal hearing:
– The defendant still maintains the appeal request.
– Viewpoint of the representative of the People's Procuracy of Binh Phuoc province:
Regarding compliance with procedural law: From the time of acceptance to the appeal trial, the Judge and the Trial Panel strictly complied with the provisions of the Civil Procedure Code.
Regarding the content of the case settlement: Proposing the Trial Panel, based on Clause 1, Article 308, Article 309 of the Civil Procedure Code, not to accept the appeal of Ms. Nguyen Thi Anh D, and to uphold the First Instance Civil Judgment No. 65/2024/DS-ST dated September 20, 2024 of the People's Court of Hon Quan District, Binh Phuoc Province.
JUDGMENT OF THE COURT
Based on the documents and evidence examined at the trial and the results of the debate at the trial, the Trial Panel finds that:
[1] The appeal of the defendant Ms. Nguyen Thi Anh D was made within the time limit prescribed by law; the appeal has content and form in accordance with the provisions of Articles 271, 272 and 273 of the Civil Procedure Code, so it should be considered and resolved according to the appellate procedure.
[2] Content of dispute:
On July 1, 2022, Ms. Nguyen Thi Anh D agreed to transfer to Mr. Khieu Huu T land plot No. 854, map sheet No. 18, area 648.8 m2, land located in Hamlet F, Commune A, District H, Binh Phuoc Province for VND 800,000,000. The above land plot belongs to Mr. Pham The A and Ms. Nguyen Thi Minh H2 authorized Ms. Nguyen Thi Anh D to sign deposit and transfer contracts.
To ensure the signing of the land use rights transfer contract, Mr. T and Ms. D agreed to sign a deposit contract on July 1, 2022. The deposit contract was pre-printed, the parties only filled in the information in the blank spaces, in the deposit contract the parties did not specify the deposit amount but only stated the transfer price of the above land plot as 800,000,000 VND. 1st time: July 1, 2022, the amount was 200,000,000 VND, 2nd time left blank, 3rd time: within 60 days from July 1, 2022 to September 2, 2022, the two parties will go to sign a notarized contract and Mr. T will pay the remaining amount according to the contract of 600,000,000 VND. The deposit recipient commits that the above land area is not disputed, in the correct location, and in the correct area. In addition, the parties also commit to responsibility when failing to properly fulfill the commitments in the deposit contract.
On the same day of signing the deposit contract, Mr. T gave Ms. D 200,000,000 VND. On August 28, 2022, Mr. T received the deposit to transfer land plot 854 to Ms. Bui Thi Bao T3. On August 31, 2022, Mr. T paid Ms. D the remaining 600,000,000 VND and the parties agreed to sign the transfer contract from Ms. D to Ms. T3 on September 26, 2022. However, on September 24, 2022, Mr. T inspected and measured the land area and discovered that a part of the land overlapped with the neighboring household, so the parties could not sign the transfer contract and a dispute arose. Mr. T's side said that the reason the parties could not sign the transfer contract was Ms. D's fault. Ms. D's side said that Mr. T had paid the full transfer fee, at that time the land area was not in dispute, so the reason why the parties could not sign the transfer contract was Mr. T's fault.
[3] Considering the appeal request of the defendant, Ms. Nguyen Thi Anh D, it is found that:
Deposit contract dated July 1, 2022, Ms. Nguyen Thi Anh D was authorized by Mr. Pham The A and Ms. Nguyen Thi Minh H2, the land users, to sign the deposit and transfer contracts. Therefore, Ms. D's agreement to sign a deposit contract with Mr. T to ensure the signing of the above land use right transfer contract is appropriate, the deposit contract is legally valid according to regulations, giving rise to the rights and obligations of the parties according to the agreement.
According to the deposit contract, the parties did not specify the deposit amount, but during the process of resolving the case, the parties all acknowledged that the first delivery amount was 200,000,000 VND, this was the deposit amount, so there is a basis to determine that this is the amount Mr. T deposited for Ms. D.
Regarding the amount of 600,000,000 VND, Mr. T's side claimed that it was a deposit, however, Ms. D's side did not admit it and claimed that this was payment according to the land transfer agreement between the parties. Based on the content of the money transfer paper written by Mr. T on August 31, 2022, written by Mr. T, it shows that the remaining land amount was transferred to Ms. D, which is 600,000,000 VND. In addition, documents such as the Petition for Lawsuit, the Petition for Amendment of the Content of the Petition for Lawsuit by Mr. T, and the self-declaration of Mr. T's authorized representative all confirm that Mr. T paid the remaining amount according to the deposit contract. Therefore, there is a basis to determine that this is the amount Mr. T paid according to the land use rights transfer agreement. The court of first instance's determination that this amount is also a deposit is incorrect.
The reason why the parties could not sign the land use rights transfer contract was because after the survey and measurement, the transferred land area partially overlapped with the adjacent land area, which was not as committed by Ms. D to Mr. T, that the land was not in dispute, in the correct location, and in the correct area. The dispute between the land user, Mr. Pham The A and Ms. Nguyen Thi Minh H2, and the adjacent land user could not be resolved by themselves, and then the parties filed a lawsuit at the People's Court of Hon Quan district for settlement (the measured disputed area was 45.3 square meters). Thus, the above land plot is in dispute and does not meet the conditions for signing a transfer contract according to the provisions of law.
Therefore, the Court of First Instance's decision to accept the Plaintiff's request to cancel the deposit contract and force Ms. Nguyen Thi Anh D to return the deposit of VND 200,000,000 to Mr. T is well-founded.
Regarding the amount of 600,000,000 VND that Mr. T thinks is an inappropriate deposit, it should be determined that this is the payment for the transfer agreement. Because the parties could not sign the land use rights transfer contract, Ms. Nguyen Thi Anh D is obliged to return it to Mr. T.
At the appeal hearing, Ms. D did not have any other documents or evidence to prove it. Therefore, Ms. Nguyen Thi Anh D's appeal has no basis to be accepted.
The first instance judgment ordering Ms. Nguyen Thi Anh D to return the deposit of 800,000,000 VND to Mr. Khieu Huu T is incorrect. However, the judgment only needs to be revised to be appropriate [4] First instance civil court fees: Because the plaintiff Mr. Khieu Huu T's request to initiate a lawsuit was accepted, Ms. Nguyen Thi Anh D must pay the court fees for the request to cancel the contract of 300,000 VND and the court fees for the request to return the deposit of 36,000,000 VND.
Mr. Khieu Huu T does not have to pay court fees. Return to Mr. Khieu Huu T 30,300,000 VND of the court fees paid.
[5] Civil appeal fees: Because Ms. D's appeal was not accepted, it must be paid according to regulations.
[6] The viewpoint of the representative of the People's Procuracy of Binh Phuoc province at the trial was accepted.
[7] Other decisions of the First Instance Judgment that are not appealed or protested shall take legal effect from the date of expiration of the appeal or protest period.
For the above reasons;
DECISION
- Pursuant to Clause 1, Article 308; Article 309 of the Civil Procedure Code, the appeal of the defendant Ms. Nguyen Thi Anh D is not accepted;
Uphold the Civil Judgment at First Instance No. 65/2024/DS-ST dated September 20, 2024 of the People's Court of Hon Quan District, Binh Phuoc Province;
– Apply Clause 3, Article 26, Clause 1, Article 35, Point c, Clause 1, Article 39, Articles 146, 147, 266 of the 2015 Civil Procedure Code; Articles 328, 423 and 427 of the 2015 Civil Code. Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 regulating the collection, exemption, reduction, payment, management and use of court fees and charges of the National Assembly Standing Committee:
1. Partially accept the lawsuit request of Mr. Khieu Huu T.
Cancellation of the deposit contract for the transfer of land use rights and assets on land dated July 1, 2022 between Ms. Nguyen Thi Anh D and Mr. Khieu Huu T.
2. Force Ms. Nguyen Thi Anh D to return to Mr. Khieu Huu T the deposit of 200,000,000 VND (Two hundred million VND) and the prepayment of 600,000,000 VND (Six hundred million VND). Total is 800,000,000 VND (Eight hundred million VND).
Ms. Nguyen Thi Anh D is managing land plot 854 so there is no issue of Mr. Khieu Huu T having to return the land.
3. Partially suspend Mr. Khieu Huu T's lawsuit requesting Ms. Nguyen Thi Anh D to pay a deposit fine of VND 800,000,000 (Eight hundred million VND).
From the date of the judgment enforcement request of the judgment creditor (for amounts payable to the judgment creditor) until the completion of the judgment enforcement, the judgment debtor must also pay interest on the remaining amount to be enforced at the interest rate prescribed in Article 357 and Article 468 of the 2015 Civil Code.
4. First-instance civil court fees: Defendant Ms. Nguyen Thi Anh D must pay court fees for the request to cancel the contract of 300,000 VND, court fees for the request to return the deposit of 36,000,000 VND (Thirty-six million VND).
Return to Mr. Khieu Huu T 30,300,000 VND (Thirty million three hundred thousand VND) of the advance payment of court fees (Receipt No. 0014840 dated November 23, 2023 at the Civil Judgment Enforcement Office of Hon Quan district).
In case the 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 have the right to agree on judgment enforcement, the right to request judgment enforcement, voluntarily enforce the judgment or be forced to enforce the judgment according to the provisions of Articles 6, 7 and 9 of the Law on Civil Judgment Enforcement; the statute of limitations for judgment enforcement is implemented according to the provisions of Article 30 of the Law on Civil Judgment Enforcement.
Civil appeal court fees: Ms. Nguyen Thi Anh D must pay 300,000 VND deducted from the advance court fee amount paid (Receipt No. 0005116 dated September 27, 2024 of the Civil Judgment Enforcement Office of Hon Quan District, Binh Phuoc Province).
Other decisions of the first instance judgment that are not appealed or protested shall take legal effect from the date of expiration of the appeal or protest period.
The appellate judgment takes legal effect from the date of judgment./.
