A CLAIM for invalidation of the Apartment Purchase Agreement
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. To the Alatau District Court of Almaty, the plaintiff: K.S.S. IIN . Nur-Sultan, Yesilsky district, 37/1 ave., sq. 124
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76 Tauke Khan Ave., Shymkent, tel: +7 771.. (WhatsApp, Skype) e-mail: …..
Plaintiff: K.Zh.B. IIN . Almaty, Alatau district, md., 53, sq. 53
Defendant: AAA IIN ....... Shymkent, ul. .., 10B, sq. 38
Defendant: B.J.S.. IIN . Shymkent, ul. ..., 10B, sq. 38
A third party who does not make independent claims:
Private notary of the city of Almaty S.D.S. Almaty, 52 Abaya ave. tel: +7 701 771 7137
THE CLAIM
on invalidation of the Apartment Purchase and Sale Agreement, Register No. 4567 dated 12/18/2022
On 12/18/2022, according to the Apartment Purchase and Sale Agreement, registry No. 4567 dated 12/18/2022, concluded between the seller K.S.S. and the buyer AAA, certified by a private notary of Almaty S.D.S. (hereinafter referred to as the Agreement), the second purchased an apartment consisting of 3 living rooms, a corridor, loggias, a kitchen, bathrooms, a toilet, with a total area of 70.4 sq.m., including a living area of 48.3 sq.m. located on the 3rd floor of an apartment building, located at: Almaty city, Alatau district, microdistrict ..., house 53, apartment 53, cadastral number (20:321:044:236:1:53).
On the basis of the said Agreement, the plaintiff K.S.S., with the consent of the spouse K.J.B., sold, and the defendant AAA, with the consent of the spouse B.J.S., bought the above apartment. At the same time, there was never any intention for the occurrence of legal consequences from the transaction, the purchase and sale of an apartment between the Plaintiffs and the Defendants. In 2021, Bekzat, who is an acquaintance of defendant AA, took a car from him, for which he had to make a payment. When the payment deadline for the car came, Bekzat had no money. Bekzat asked for help and asked as a guarantee that Bekzat would return AA's money for the car to put the property – his apartment as collateral. However, AA proposed to issue a pledge in the form of a Purchase and Sale Agreement instead of a Pledge Agreement.
A CLAIM for invalidation of the Apartment Purchase Agreement
For this reason alone, an apartment purchase and sale agreement was signed between the parties. The defendants themselves, A.A. and his wife, B.J., had never seen our apartment or come to inspect it before buying it. In fact, the money for the apartment Purchase and Sale Agreement was not transferred. In accordance with Article 157 of the Civil Code of the Republic of Kazakhstan, a transaction is declared invalid if the requirements for the form, content and participants of the transaction, as well as for their freedom of expression, are violated on the grounds established by this Code or other legislative acts. A claim for invalidation of a transaction may be filed by interested parties, an appropriate government agency, or a prosecutor. An interested party is a person whose rights and legitimate interests have been violated or may be violated as a result of the transaction. The list of persons entitled to demand its invalidation is established by this Code and (or) other legislative acts.
According to the norms of Article 160 of the Civil Code of the Republic of Kazakhstan, a transaction made only for appearance, without the intention to create the corresponding legal consequences (an imaginary transaction), is declared invalid by a court at the request of an interested person, a proper state body or a prosecutor. According to paragraph 20 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan, it was established that, in accordance with paragraph 1 of Article 160 of the Civil Code, an imaginary transaction made only for appearance, without the intention of causing legal consequences, is invalid. The lack of will of the parties to the transaction to have certain legal consequences, which may be confirmed by the presence or absence of certain actions (inaction) the parties and other evidence in the case (for example, the absence of a transfer of property, etc.) entails the invalidity (nullity) of imaginary transactions.
A CLAIM for invalidation of the Apartment Purchase Agreement
In such circumstances, there was no will on the part of the Plaintiff and the Defendant for the legal consequences of the transaction to occur. Based on the above, in accordance with Articles 157, 160, 187, 264 of the Civil Code of the Republic of Kazakhstan, Articles 31, 104, 148, 149, CPC of the Republic of Kazakhstan,
I ask the court:
To invalidate the Apartment purchase and sale Agreement registered in the register No. 4567 dated 12/18/2022. concluded between the Plaintiff K.S.S. and the Defendant A.A.A., certified by a private notary of Almaty S.D.S. License No. 17014570 dated 08/16/2016. Application:
A copy of the application,
Receipt of payment of state duty,
A copy of the inheritance certificate No. 5750,
A copy of the inheritance certificate No. 5751,
A copy of the certificate on the storage device,
Certificate of registered rights and encumbrances,
A copy of the Purchase and Sale Agreement,
A copy of the acceptance commission act,
A copy of the Power of Attorney, attorney's certificate, and notifications.
Representative by proxy of the EDS
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Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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