Quynh Luu District Civil Judgment Enforcement Office handles citizens' complaints

April 12, 2012 14:37

The Civil Judgment Enforcement Office of Quynh Luu District received a transfer notice from Nghe An Newspaper regarding the case of Ms. Le Thi Thanh complaining about the slow execution of Judgment No. 24/2008/LHST dated August 30, 2008, forcing Mr. Ho Quang Truong to hand over to Ms. Le Thi Thanh 5,100 square meters of land in Block 4, Cau Giat Town, Quynh Luu District. After studying the file and Ms. Thanh's complaint, on April 5, 2012, the Civil Judgment Enforcement Office of Quynh Luu District issued Official Dispatch No. 78/TLKN-THA to Nghe An Newspaper as follows:

(Baonghean) -The Civil Judgment Enforcement Office of Quynh Luu District received a transfer notice from Nghe An Newspaper regarding the case of Ms. Le Thi Thanh complaining about the slow execution of Judgment No. 24/2008/LHST dated August 30, 2008, forcing Mr. Ho Quang Truong to hand over to Ms. Le Thi Thanh 5,100 square meters of land in Block 4, Cau Giat Town, Quynh Luu District. After studying the file and Ms. Thanh's complaint, on April 5, 2012, the Civil Judgment Enforcement Office of Quynh Luu District issued Official Dispatch No. 78/TLKN-THA to Nghe An Newspaper as follows:


Ms. Thanh's complaint that the Civil Judgment Enforcement Office of Quynh Luu District enforced Judgment No. 24/LHST dated August 30, 2008 of the People's Court of Quynh Luu District more than 3 years ago is incorrect, because after receiving Ms. Thanh's request on October 2, 2011, the Civil Judgment Enforcement Office of Quynh Luu District issued Judgment Enforcement Decision No. 21/QD-THA dated October 6, 2011, forcing Mr. Ho Quang Truong to "Temporarily hand over to Ms. Le Thi Thanh the right to use 5,100 square meters of residential land and garden land that Mr. Truong is using and managing (plot number 290, map sheet 117 - 65B)".


During the execution of the judgment, Mr. Ho Quang Truong's family always showed fierce opposition. At the same time, the Civil Judgment Enforcement Office of Quynh Luu district verified that on September 19, 2010, Mr. Ho Quang Truong transferred the entire 5,100 m2 of land to Mr. Tran Nhat Tan and had the signature of Ms. Thanh. The signing of the minutes of transfer of the above land area by Ms. Thanh was confirmed by the People's Committee of Cau Giat Town. However, when the Civil Judgment Enforcement Office of Quynh Luu district worked with Ms. Thanh, Ms. Thanh affirmed that she did not sign the minutes of transfer of the above land. At the same time, when comparing the land plot in the Judgment with the land plot in the Cadastral Map, there were differences in area and map sheet, specifically:

In the decision of the Judgment, it was temporarily assigned to Ms. Thanh 5,100m2 of land at plot number 290, map sheet 117 - 65B. Through verification on the Cadastral Map of the People's Committee of Cau Giat Town, it was known that Mr. Ho Quang Truong is managing a piece of land at plot number 290, map sheet 117 - 65D and has an area of ​​5,486m2. The Judgment declaring the land area temporarily assigned to Ms. Le Thi Thanh also did not clearly state the land boundary and address. In addition, through verification, the Quynh Luu Judgment Execution Office learned that on the temporarily assigned land area, there are assets such as: 1 flat-roofed house, 1 kitchen, cement yard, dry tank and some coconut and eucalyptus trees where Mr. Ho Quang Truong's family was living before the Judgment No. 24/2008/LHST dated October 30, 2008 of the People's Court of Quynh Luu District. But Quynh Luu District People's Court did not clearly declare the handling.


In the reply document No. 268/CV-TA dated March 20, 2012, the People's Court of Quynh Luu district corrected that it was due to a typing error from 117-65D to 117-65B. At the same time, the document also reflected the actual measured land area of ​​5,100m2 in Block 4, Cau Giat Town without clearly explaining the handling of assets on the land as well as the boundary of the temporarily assigned land. This makes the organization of the execution of the judgment impossible.


Therefore, to ensure the rights and obligations of the parties, the Civil Judgment Enforcement Office of Quynh Luu district has an official dispatch to continue requesting the People's Court of Quynh Luu district to clearly explain the handling of the above assets as well as the boundaries of the temporarily assigned land according to the provisions of law.


Thanh Luong