The process of accepting and settling judgment enforcement, when P Company Limited informed that Mr. K and Ms. L were transferring assets to another person, on February 28, 2017, but the enforcer of the Civil Judgment Execution Sub-Department District H issued Decision No. 01/QD-CCTHADS to suspend the transfer of property rights to Mr. K, Ms. L.
From the content of the denunciation letter
Image for illustration purposes only (Internet source)
Judgment No. 05/2016/KDTM-ST dated September 26, 2016 on “dispute on sale and purchase contract” , District H People’s Court ruled: Mr. Do Van Kh, Ms. Nguyen Hong L have the joint obligation to return to Cong. P company limited with a total amount of VND 2,192,208,588…
At the request of the judgment creditor, Company Limited P, the Civil Judgment Execution Sub-department of District H issued a decision to execute the judgment against Mr. K, Ms. L. The process of accepting and settling the judgment enforcement, when P Co., Ltd informed that Mr. K and Mrs. L were transferring assets to another person, on February 28, 2017, Specifically, temporarily suspending property transactions for the house and QSD of 3 land plots as property. Mr. K, Mrs. L to ensure judgment enforcement.
On March 13, 2017, the enforcer issued Decision No. 02/QD-CCTHADS to terminate the suspension of the transfer of the above-mentioned assets. During this time, Mr. K and Ms. L also transferred all assets belonging to a land plot to Ms. Nguyen Thi K for 1,400,000,000 VND. Seeing that Mr. K and Mrs. L moved assets, but the civil judgment enforcement agency did not take measures to prevent and handle it, on March 30, 2017, P Co., Ltd. sent an application to many agencies to file a complaint. report to the enforcer of District H’s Civil Judgment Execution Sub-department for failing to properly perform responsibilities and powers, intentionally doing wrong, aiding Mr. K and Ms. L in dispersing assets, evading judgment enforcement obligations, causing damage to the legitimate rights and interests of P Co., Ltd.
Does the enforcer assist in the dispersion of assets?
According to the denunciation settlement file and according to Official Letter No. 256a/2017/CV-CNBL dated March 9, 2017 of Saigon Thuong Tin Commercial Joint Stock Bank – Branch B, Mr. K and Ms. L have signed a credit contract. with the Bank to borrow an amount of VND 3,000,000,000. In order to secure the loan, in addition to other assets, Mr. K and Ms. L also mortgaged all the assets on the land and the land use right for the three land plots mentioned above. Due to overdue debt, the Bank filed a lawsuit and encouraged Mr. K and Ms. L to sell the mortgaged property to pay. When Mr. K and Ms. L reported that someone had transferred the property in plot 446 for VND 1,400,000,000, the Bank carried out procedures for debt recovery. As of March 3, 2017, in addition to the amount paid from the property transfer, Mr. K and Ms. L owed the Bank over VND 1,600,000,000.
In order to release mortgaged assets for customers to sell assets to repay overdue debts, the Bank shall base itself on Article 6 on “Disposal of collateral assets” under the Credit Contract and Decree No. 163/2006/ND-CP dated 29/29/05. December 2006 of the Government “On secured transactions”.
Since then, at the “Conclusion of the denunciation” No. 01/KL-CCTHADS dated June 13, 2017, through the debt recovery documents, the results of verification of the assets, the conditions for judgment enforcement and the regulations of the law on handling security assets, on distraint and handling of assets of judgment debtors, apart from the amount already paid to the Bank, there is no basis to determine that Mr. land for other purposes without performing judgment enforcement obligations. It is necessary and legal for the enforcer of District H’s Civil Judgment Execution Sub-Department to terminate and suspend the transfer of property rights to Mr. K and Ms. L. left, aiding the judgment debtor to disperse assets, evade the obligation to execute judgment according to the denunciation.
Source: According to kiemsat.vn
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