Keangnam to sink deeper into trouble
South Korea’s
Keangnam Vina, the developer of Vietnam’s highest building, the Keangnam
Landmark Tower in Hanoi, could face a recompense of almost $30 million
to its home-buyers after illegally stating their prices using US dollars in
the sales contracts of 900 apartments.
Last week, the judge of a five-day
court hearing announced that the developer had to adjust the value of a
disputed apartment down by VND700 million ($33,000) from the contracted price
of $319,394, due to a miscalculation made when calculating the USD/VND
exchange rate on the apartment’s sales.
Following the court’s decision, many
buyers of the other 900 apartments at the Keangnam Landmark Tower who had
signed similar contracts using the miscalculated exchange rate would also be
able to claim against the developer to pay back the difference, which could
add up to VND630 billion ($30 million).
Ta Van Thanh signed the contract to
buy
Since discovering the error, Thanh
has refused to pay any additional money to Keangnam Vina, as she sued the
developer at the Nam Tu Liem Court on three main counts: Keangnam Vina had
calculated the apartment’s payment based on US dollar value which is illegal
in Vietnam; Keangnam had sold units with smaller space than declared in the
contract, adding reinforced concrete pillars and electrical boxes into the
unit’s space; and Keangnam had given misleading information in advertisements
by giving an impressive illustration indicating that the project was located
next to a park and lake, however, the surrounding areas are in fact
construction sites.
The court announced last week that
Keangnam had violated the currency management regulation by calculating the
unit’s value in US dollars and requested Keangnam adjust the value of the
unit from USD to the correlating value of the Vietnamese dong at the time of
the contract signing in December of 2009. This means that the sum that Thanh
should have paid to Keangnam Vina was VND700 million ($33,000) less than the
contracted value.
Lawyer Nguyen Van Son, representing
the plaintiff, said that “The result of the hearing court is an initial
success for the plaintiff, even though her remaining two petitions were
rejected by the court. We will not give up.”
The court also rejected Keangnam
Vina’s petition asking Thanh to pay the sum of more than VND1 billion
($47,600) for delaying her payment for the apartment since 2010.
The
With the total investment capital of
more than $1 billion, the development consists of a 72-storey tower featuring
a 5-star hotel, offices and apartments for lease, and two 48-storey apartment
towers and a total of 922 apartments. All of the apartments were sold at an
average price of $3,000 per square metre.
In operation since 2012, the
developer has experienced a troublesome existence, from labour accidents
occurring during its construction, fierce disputes with apartment owners on
management fees, tax scrutiny for transfer pricing and now a conflict over
apartment size measurements.
In April 2015, the foreign press
reported that Keangnam Enterprises – the mother company of Keangnam Vina -
faced bankruptcy and decided to sell the
By Bich Ngoc, VIR
|
Thứ Hai, 22 tháng 6, 2015
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