Challenging the state registration of property rights based on a court decision
The registration of ownership rights based on a court decision is recognized as legitimate, since the registering authority cannot review a court decision containing a conclusion on the ownership of real estate to a specific person. The decision of the city court of June 18, 2008 determined 1/2 of the share of K. in the authorized capital of K LLP in the amount of 0.0095% in the premises of a cafe, service center, office space and land. The same decision determined the share of J. in the total debt of the spouses to LLP "K" in the amount of 101,625,894 tenge. After the entry into force of the court's decision, J. the amount of the spouses' debt to K LLP was paid, including the debt of defendant K. in the amount of 101,674,202 tenge, the defendant himself did not take any action to repay the debt. Since the funds spent on the purchase of the spouses' common property, the cafe premises, were borrowed, received from K LLP, Zh. considered it unreasonable to register ownership of a half share of this property for K. before they paid her the amount of 101,674,202 tenge. Zh. She filed a lawsuit to declare the actions of the Department of Justice illegal.Ust-Kamenogorsk for registration of ownership rights for the defendant K. ½ of the cafe premises.
The court recognized the actions of the registering authority as lawful and refused to satisfy the applicant's requirements to recognize as illegal the actions of the registering authority in registering the ownership of the defendant K. ½ of the cafe premises. The decision is correctly justified by the fact that the registering authority does not have the right to review a court decision containing a conclusion about the ownership of real estate to a specific person based on property or obligation law, which is the basis for registration of the right.
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