Appeal complaint against the decision to foreclose on mortgaged real estate
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To the Judicial Board of Appeal for Civil and Administrative
cases of the Almaty City Court 050000. Almaty, ul. ______________
From the defendant: ______________ IIN No._______________
Proxy representative: Galymzhan Turlybekovich Sarzhanov
IIN: 850722301036. Almaty, Medeu district,050002, Zhibek Zholy ave., 50, office 202, Business center Quarter.
info@zakonpravo.kz / www.zakonpravo.kz + 7 (708) 578 57 58.
Plaintiff: JSC "______________" 050026, Almaty, ul. ___________
A third party who does not make independent claims on the subject of the dispute
Private bailiff of the Almaty region________________ 040900,
Republic of Kazakhstan, Almaty region, Kaskelen, ul. ________________ Phone: 8,775___________
THE APPEAL
on the decision of the Talgar District Court of the Almaty region dated October 06, 201_
Talgar District Court of Almaty region, composed of the presiding judge______________, with the participation of the plaintiff's representative _____, the defendant's representative ________, Sarzhanova G.T., having considered in open court the civil case on the claim of JSC "______________" to ______________, ______________, to a third party, a private bailiff _____________, on foreclosure on collateral, the Court decided: The claim of the Joint-Stock Company "______________" to ______________, ______________, to a third party, a private bailiff ______________ about foreclosure on the pledged property – partially satisfy. Foreclose on mortgaged property in the form of an apartment building consisting of eight living rooms, with a total area of 282.70 sq.m., including residential 173.0 sq.m., with a land plot with a total area of 0.16 ha., located at: Almaty region, Talgar district, __________________, owned by ______________, with an initial selling value of 59,524,000 (fifty-nine million five hundred and twenty-four thousand) tenge, due to the payment of arrears by the decision of the Medeu District Court of Almaty No. ________ dated 05/18/201_ in the amount of 57,035,532 tenge, state duty 1,711,066 tenge.
To recover from Azamat Orazovich Salimbayev in favor of the Joint-Stock Company "______________" We consider the state decision of the court of first instance to be illegal, unjustified and subject to cancellation on the following grounds:between AO "______________" and ______________, ______________, ______________,
Salimbaev A.O., Korganbaeva G.U., signed a Bank loan Agreement No. 103/3-09-S-46 dated 05/28/201_, according to which the Borrower and Co-Borrowers were given a loan in the amount of 15,000,000 tenge for a period of 120 months at 12% per annum. In order to ensure the fulfillment of obligations stipulated in the Loan Agreement, a Pledge Agreement was concluded on 28.05.201_ №________, according to which an apartment building consisting of eight living rooms with a total area of 282.70 sq.m., including a residential 173.0 sq.m., with a land plot with a total area of with an area of 0.16 hectares, located at the address Almaty region, Talgar district, ______________ and the Pledge Agreement №______________ according to which an apartment building consisting of eight living rooms was provided as collateral., with a total area of 282.70 sq.m., including residential 173.0 sq.m., with a land plot with a total area of 0.16 hectares, located at the address Almaty region, Talgar district, ______________. In addition, between AO "______________" and ______________, ______________, ______________, ______________, ___________, A bank loan agreement was signed № ______________ dated March 12, 201_, according to which a loan was issued in the amount of 40,000,000 tenge for a period of 12 months at 12% per annum.
In order to ensure the fulfillment of obligations stipulated in the loan agreement, pledge agreements were concluded: on March 12, 201_, pledge agreement No. _______, under which an apartment building consisting of eight living rooms with a total area of 282.70 sq.m., including residential 173 sq.m., was provided as collateral. a plot of land with a total area of 0.16 hectares, located at the address: Almaty region, Talgar district, ______________; On March 12, 201_, a pledge agreement under which as collateral № _________, An apartment building was provided, consisting of eight living rooms, with a total area of 282.70 sq.m., including a residential 173 sq.m., with a land plot with a total area of 0.16 hectares, located at: Almatinskaya region, Talgar district, _______________.
By the decision of the Medeu district Court of Almaty dated 05/18/201_ in the civil case no._______ on the claim of JSC "______________" to ______________, _______________, ___________, __________, __________, The debt collection agreement has been satisfied, and the amount of debt under the bank loan agreement no. _____ has been collected from them in solidarity.____ in the amount of 15,149,669 tenge, the amount of the state duty paid in the amount of 454,490 tenge, the amount of debt under the bank loan agreement no. ________ in the amount of 41,885,863 tenge 33 tiyn, the amount of the state duty paid in the amount of 1,256 576 tenge.
The writ of execution issued on the basis of this court decision is being executed by a private bailiff of the regional chamber of private bailiffs of the Almaty region. ______________, which, when taking measures for enforcement, checked the property status of debtors, while it was established that the funds in the banks of the second There is no equivalent movable property that meets the requirements of the claimant. According to the assessment report No. ____ dated 01/13/201_, the cost of an apartment building consisting of eight living rooms with a total area of 282.70 sq.m., including residential 173.0 sq.m., with a land plot with a total area of 0.16 ha., located at Almaty region, Talgar district, ______________is 61,648,000 tenge. According to the assessment report No. 02-010 dated 01/13/2017, the cost of an apartment building consisting of eight living rooms with a total area of 282.70 sq.m., including residential 173.0 sq.m., with a land plot with a total area of 0.16 hectares, located at the address Almaty region, Talgar district, ______________ is 59,524,000 tenge.
During the study of the materials of the enforcement proceedings, a violation was intentionally committed by a Private contractor, since the evaluation period of the appraisal company at the time of the trial was overdue, respectively, according to art. 257 of the Civil Code of the Republic of Kazakhstan. Upon termination of ownership, the property is assessed based on its market price, unless otherwise established by the laws of the Republic of Kazakhstan.In the Order of the Minister of Justice of the Republic of Kazakhstan dated February 25, 201_, No. ____, On some issues of evaluation activities in paragraph 12. Section 4 "The final part of the report" contains the final conclusion on the value of the object.
The total value of the valuation object is expressed in the currency of the Republic of Kazakhstan (tenge) and is shown as a figure rounded to one thousand tenge with a written explanation of the amount in parentheses. The total value of the valuation item indicated in the valuation report is considered recommended for the purposes of making a transaction with valuation items if no more than six months have passed from the date of the valuation report to the date of the transaction with the valuation item or the date of submission of the public offer.
Thus, we consider that the court, in satisfying the claim, did not take into account the overdue assessment.By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests.In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests.In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court during civil proceedings., other bodies and persons.The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law.By virtue of Articles 65,66 of the CPC RK, each party must prove those circumstances, which she refers to both on the basis of her claims and objections.
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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