2/2549 Thailand Supreme
Court Opinion 86 (No. 992) 2006
Plalom Kleangklao (Requesting Party) Sawai Midkuntod (Plaintiff)
Lod Pochai (Defendant)
According to their marriage certificate the defendant married Sor on 6 January 1981 and government officials issued Title Deed Number 26526 to Sor on 16 August 1999. It is not apparent how Sor acquired the Thailand real estate. The land is marital property between Sor and the defendant according to Section 1474 (1) and Paragraph 2 of the Civil and Commercial Code. The Plaintiff is a creditor of the defendant and has the right to consider the land as an asset according to Section 278 and Section 282 of Civil and Commercial Code when pursuing payment of debt.
The requisitioning party and Sor both have domiciles at Moo 1. Defendant and Sor have been the Thailand married for about 30 years and the requisitioning party knew from Kor, Bor, and Por before entering into a contract to purchase the land that Kor, Bor, Por and their party are currently involved in criminal and civil proceedings against the defendant. It appears that the requisitioning party bought the land from Sor as part of a fraud conspiracy with the defendant. The debtor is at a disadvantage according to Section 237 of the Civil and Commercial Code and does not have the right to requisition for relief from land seizure.