A sample appeal against the decision of the district court
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 lawyer Kenesbek Islam by phone.; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the Appellate Judicial Board for Civil Cases of the Almaty City Court
050000g. Almaty, ul. ____________
From the defendant: ______________ IIN: №____________. ______________ IIN: _____________.
Proxy representative: Galymzhan Turlybekovich Sarzhanov
IIN: 850722301036. Almaty, Medeu district,050002, Zhibek Zholy ave.,
50, office 202, Business center Block. info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58. Plaintiff: JSC "______________" BIN ___________ Almaty, 050012, ul. ______________.
A third party who does not make independent claims on the subject of the dispute
Private bailiff of the executive district of Almaty city
, ______________. IIN ____________ Republic of Kazakhstan, ul. __________. +7 702________
THE APPEAL
on the decision of the District Court No.2 Auezovsky district of Almaty dated May 05, 201_
On May 05, 201_, the District Court no.2 Auezovsky district Almaty under the chairmanship of a judge ______________., with the participation of the plaintiff's representative ______________., the defendant ______________, the representative of the defendants Sarzhanova G.That is, the third person – private bailiff _____________________., having considered in open court the civil case on the claim of JSC "______________" to ______________, ______________, LLP "______________", to a third party, a private bailiff _____________________ on foreclosure on collateral,, The Court decided: The claim of JSC "______________" satisfy., On account of debt repayment ______________, ______________, LLP "______________" before AO "______________" in the amount of 107,640,404 tenge, foreclose on the pledged property in in the form of an apartment building with a total area of 456.7 sq.m., with a living area of 195.3 sq.m., together with a corresponding land plot of 0.0809 ha (cadastral number 20-312-061-528), located at the address: Almaty, Auezovsky district, ________________ at the initial selling price of 102,466,000 tenge.We consider the decision of the court of first instance to be illegal, unjustified and subject to cancellation on the following grounds: On the basis of loan agreement no. _______ dated 04/18/20__, concluded between JSC "______________" and ______________, the bank provided the defendant with a loan in the amount of 550,000 euros for a period of 180 months, with an interest rate of 17% per annum, for the purchase of real estate.
To secure their obligations under the bank loan agreement, ________________ provided as collateral:1). an apartment building consisting of seven residential buildings, with a total area of 456.7 sq.m., including residential – 195.30 sq. m., with a land plot of 0.0809 hectares, at the address: Almaty, _____________, according to the pledge agreement no. _____;2). non-residential premises, Letter A, with a total area of 144.50 sq.m., with a share of a land plot of 0.03551 ha, at the address: Almaty, ul. ___________ according to the pledge agreement no. ____.Guarantees are provided as additional security. ______________ and TOO "______________".Due to the financial difficulties of the Borrower, there have been repeated written and oral requests to the bank to provide any preferential conditions for fulfilling obligations under the Bank Loan Agreement in the hope of resolving the current situation in a peaceful manner. In connection with the non-fulfillment of contractual obligations, the bank sued, after which, on May 26, 201_, the District Court No.2 Auezovsky district of Almaty under the chairmanship of a judge ______________, with the participation of the plaintiff's representative ______________, the defendant ______________ simultaneously representing the interests of the defendant ______________ by proxy and LLP "______________", having considered in the premises of the district court in open court the civil case on the claim of JSC "______________" to ______________, ______________, LLP "______________" on debt collection, the Court decided: Collect from ______________, ______________ and TOO "______________" jointly and severally in favor of JSC "______________" the amount of the principal debt in the amount of 107,640,404 (one hundred seven million six hundred forty thousand four hundred four) tenge.Currently, in the enforcement proceedings of the Private Bailiff of the executive District of
A sample appeal against the decision of the district court
Almaty, _____________________., there is a writ of execution for recovery from ______________, ______________ in favor of JSC "______________" debt in the amount of 107,640,404 tenge.On December 22, 201_ by a private bailiff of the executive district of Almaty, _____________________., through the Auction, additional collateral was sold: non-residential premises, Letter A, with a total area of 144.50 sq.m., with a share of the land plot with an area of 0.03551 ha, located at: Almaty, ul. _________________ for an amount below the estimated value of 29,594,880 tenge. The winner of the electronic Auction is recognized _________________, As of today, the remaining debt amounts to 78,045,524 tenge.At the end of the CSI time, a resolution was issued on the appointment of an assessment, which was assigned to the IP Expert Assessment Assessment Company, which on October 04, 201_ conducted an Inspection of the assessment facility for residential premises located at Almaty, ____________, and the HSI adopted the evaluation report of the IP "Expert Assessment" appraisal companies, According to the report №___________ as of 04.10.201_, the Valuation company IP "Expert Assessment", the debtor's collateral amounted to 102 466,000 tenge.
We do not agree with the assessment of the IP "Expert Assessment" Appraisal Companies, as the market value of the collateral indicated in the report of the IP "Expert Assessment" LLP Appraisal Companies is estimated incorrectly and unreliably, as well as unfairly underestimated, since each house located in this area is individual and requires a detailed approach.According to Clause 13, Article 2 of the Law of the Republic of Kazakhstan "On Valuation Activities", the market value is the most likely price at which a given object can be disposed of on the basis of a transaction in a competitive environment. In this case, the actual market price can be determined only if one of the parties to the transaction is not obligated to alienate the valuation object, and the other party is not obligated to acquire, and when there was no coercion to make a transaction with respect to the parties to the transaction from anyone.As a result of the analysis of compliance with the requirements for the approaches and methods of assessment used in the Reports and the reliability of the technical expertise data used, it was found that the Report on the assessment of real estate No. _____ dated 04.10.201_, carried out by IP "Expert Assessment":
according to the section "Requirements for the preparation of the report" meets the requirements;
according to the section "Analysis of requirements for the content and reliability of calculations" is unreliable, therefore, the results obtained cannot be used as an evidence base on the value of the property indicated in the Report.
As evidenced by the examination of the reliability of the valuation of property for No. _______ dated 11/28/201_ conducted by Members of the Expert Council of the Republic of Kazakhstan.The above-mentioned examination of the reliability of the valuation of the property for No. ______ dated 11/28/201_ conducted by Members of the Expert Council of the Republic of Kazakhstan., by e-mail and registered mail was sent to the Bank and the CSI, as evidenced in the appendices of the notification letter. However, we have not received any response from the Bank or the CSI to our letter.However, dear Court!!! The defendant does not fully recognize the claims, the claim does not correspond to the current reality because:
To date, the Defendant has sold additional collateral in the amount of 29,594,880 tenge through an auction in order to enforce the court's decision.
We have sent Applications to the Plaintiff for an installment plan/delay in the execution of the court decision for 12 months, while court decisions are currently being executed to the extent of the defendant's financial capabilities.
The mortgaged house as a security measure is the only real estate owned by the defendant, who, at the time of receiving the loan, is still raising imperfectly summer children. To date, the defendant's children live in this house with their family, who also have their share in the rights in this property.
However, the Plaintiff himself is not given any opportunity to execute court decisions on installments, where the plaintiff refused us.
According to the Law of the Republic of Kazakhstan On Enforcement Proceedings and the status of Bailiffs, Article 40. it provides for Postponement, installment plan, change of the method and procedure of execution, indexation of the amounts awarded, If there are circumstances that make the execution of enforcement actions difficult or impossible, the recoverer or debtor or bailiff has the right to put before the court that reviewed the case, or before the court on the place of execution is the issue of changing the method and order of execution. The issue of postponement or installment of execution, as well as the indexation of the amounts awarded, is decided by the court at the request of the parties to the enforcement proceedings.Also provided for by the Civil Procedure Code of the Republic of Kazakhstan, Article 238. Postponement and installment of execution of a decision, changing the method and procedure for its execution before the decision is applied for execution, the court that reviewed the case and issued the decision has the right, at the request of the persons participating in the case, based on the property status of the parties or other valid reasons, to postpone or installment the execution of the decision, as well as to change the method and procedure for its execution.
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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