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Case law No. 04/2016/AL regarding the case of “Dispute over the land use right transfer agreement”

October 15, 2020 Case Law

Case law No. 04/2016/AL was approved by the Judicial Council of the Supreme People’s Court on April 06, 2016 and promulgated under Decision No. 220/QD-CA dated April 06, 2016 by the Chief Justice of the Supreme People’s Court.

Source of this case law: Cassation Decision No. 04/2010/QD-HDTP dated March 03, 2010 issued by the Judicial Council of the Supreme People’s Court regarding the case of “Dispute over the land use right transfer agreement” in Ha Noi among Ms. Kieu Thi Ty and Mr. Chu Van Tien as the plaintiff, Mr. Le Van Ngu as the defendant; 08 people with related interests and obligations are Ms. Le Thi Quy, Ms. Tran Thi Phan, Mr. Le Van Tam, Ms. Le Thi Tuong, Mr. Le Duc Loi, Ms. Le Thi Duong, Mr. Le Manh Hai and Ms. Le Thi  Nham.

In the case of “Dispute over the land use right transfer agreement”, the land and its attached house are the joint property owned by the married couple, but having only one of the married couple to sign the property transfer agreement with a third party and the other one does not sign this agreement.  If having a sufficient ground to determine that the transferring party has received a full payment as agreed and the other one, who has not signed the contract, has known such event and use such money professedly or has known such event but having no objection to the agreement, the Court shall determine that this person has agreed with the transfer above.

Precedent’s keywords: Dispute over the land use rights transfer agreement; Decision on the joint property owned by a/the married couple; Establishment of the ownership under a mutual agreement.

 

For Vietnamese: Please click Precedent No.04/2016/AL on the “Contract in dispute over the land use right transfer” case.

For English version: Please contact us via info@letranlaw.com

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