Counterclaim for the demolition of illegally constructed buildings
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Medeu District Court of Almaty
Almaty, Nusupbekov St./Turgenskaya, 34
+ 7 727 333 13 02
Plaintiff: ....... Kamila Akramkankyzy IIN: 920 .......,
Address: Almaty, Medeu district, ul....., house 36-B. +7 (705) ...........
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Law and Law Law Firm
BIN 201240021767 Address: Almaty, Almaly district,
79/71 Abylai Khan Ave., office 313. info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 708 578 5758
Defendant: ..... Elena Anatolyevna IIN 721 ....... place of residence:
Almaty, Medeu district, ul. ..........., house 36-A.
COUNTERCLAIM STATEMENT
……. Kamila Akramkankyzy (hereinafter referred to as the Plaintiff) is the owner of a land plot with an area of 0.0632 hectares, cadastral number 20-315-036-399, located at the address: Almaty, Medeu district, ul......, house 36-B. …... Elena Anatolyevna (hereinafter referred to as the Defendant) is the owner of a neighboring land plot located at the address: Almaty, Medeu district, ul......., house 36-A. According to Part 1 of Article 9 of the Civil Code, the protection of civil rights is carried out by a court or arbitration by: recognizing rights; restoring the situation that existed before the violation of the right; suppression of actions violating the law or creating a threat of its violation… In accordance with the norms of Article 188 of the Civil Code of the Republic of Kazakhstan, the right of ownership is the right of a subject recognized and protected by legislative acts to own, use and dispose of his property at his discretion. The owner has the right to own, use and dispose of his property. The right of disposal is a legally secured opportunity to determine the legal fate of property.
According to Article 264 of the Civil Code, the owner has the right to demand the elimination of any violations of his right, even if these violations were not connected with the deprivation of possession. According to Article 164 of the Land Code of the Republic of Kazakhstan, property rights and land use rights are protected in accordance with the procedure provided for by the Civil Code of the Republic of Kazakhstan and other legislative acts of the Republic of Kazakhstan. During the fencing of her land plot, the Plaintiff discovered that there were unnecessary building materials. In this connection, the Plaintiff came to the conclusion that the land plot does not correspond to the land plot plan and decided to contact the Experts-land managers of the Branch of the NAO "State Corporation "Government for Citizens" in the city of Almaty. Further, the last land management works were carried out to determine the boundaries in kind on the land located at the address: Almaty, Medeu district, ul. Kraynaya 36-B.
As a result of the work performed, the discrepancy between the actual borders of the party and the cadastral number 20-315-036-177 was revealed. In this regard, we have sent a pre-trial complaint to the Defendant in order to resolve the situation peacefully. After negotiations, all the neighbors concluded a mediation agreement between, among others, the Plaintiff and the Defendant, a professional mediator, Anna Alexandrovna Yerubayeva. However, the Defendant, having signed the mediation agreement, refuses to comply with the requirements of the mediation agreement due to circumstances unknown to us.
Counterclaim for the demolition of illegally constructed buildings
By his actions, the Defendant violates the rights of the Plaintiff, in accordance with paragraph 5 of Article 12 of the Constitution of the Republic of Kazakhstan, the exercise of human and civil rights and freedoms should not violate the rights and freedoms of others. According to paragraph 4 of Article 188 of the Civil Code of the Republic of Kazakhstan, the exercise by the owner of his powers should not violate the rights and legally protected interests of others. The Defendant erected a structure on the seized land plot, which we believe was not legalized by the authorized body and was not built legally. By virtue of Part 1 of Article 244 of the Civil Code of the Republic of Kazakhstan, unauthorized construction is a building, structure or other immovable property created on land not formed into land plots owned by the state, on a land plot that does not belong to the person who carried out the construction. According to Part 2 of Article 244 of the Civil Code of the Republic of Kazakhstan, a person who carries out unauthorized construction does not acquire ownership rights to it. It does not have the right to dispose of the building - to sell, donate, lease, or make other transactions. An unauthorized building is subject to demolition by the person who carried it out or at his expense, except in the cases provided for in paragraphs 3 and 4 of this Article.
On this fact, we contacted the Police Department of the Medeu district of Almaty on the fact of arbitrariness on the part of the defendant. This fact is registered in the accounting book of the UE of the Medeu district of Almaty for No. 21 In accordance with paragraph 2 of art. 164-1 of the Land Code of the Republic of Kazakhstan, the illegal owner is obliged to vacate the illegally occupied land plot within thirty calendar days from the date of application of the penalties provided for by the legislation of the Republic of Kazakhstan on administrative offenses, and demolish the structure erected (under construction) on such a site, independently or at his own expense, except in cases provided for by the civil legislation of the Republic of Kazakhstan. Disputes related to the non-fulfillment by the illegal owner of the obligation to vacate an arbitrarily occupied land plot and demolish a building erected (under construction) on such a plot are resolved in court. By virtue of Part 2 of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to judicial protection of their rights and freedoms.
According to Part 1 of Article 14 of the International Covenant on Civil and Political Rights (done in New York on 12/16/1966 and ratified by the Law of the Republic of Kazakhstan dated 11/28/2005 No. 91), all persons are equal before the courts, everyone has the right, when determining his rights and obligations in any civil process, to a fair and public hearing by a competent, an independent and impartial court established by law. In accordance with Part 1 of Article 31 of the Civil Procedure Code of the Republic of Kazakhstan, claims for rights to land, buildings, premises, structures, and other objects firmly connected with land (immovable property), for the release of immovable property from seizure, for foreclosure on mortgaged immovable property, for termination or invalidation of the pledge agreement of immovable property are filed under the location of these objects. According to Article 109 of the Civil Procedure Code of the Republic of Kazakhstan, the party in whose favor the decision was made, the court awards, on the other hand, all court costs incurred in the case. Based on the above, and in accordance with Articles 153, 154 of the CPC RK, I ask the Court:
Oblige ..... Elena Anatolyevna to demolish the illegally built on the land ...... K.A. buildings at the address: Almaty, Medeu district, ul........, house 36-B.
To align the boundaries of the land plot in accordance with the identification documents.
Collect from ........ Elena Anatolyevna in favor of .......... Kamila Akramkankyzy the amount of expenses for the representative's assistance in the amount of 500,000 (five hundred thousand) tenge.
Collect from ........ Elena Anatolyevna in favor of ........... Kamila Akramkankyzy the amount of expenses for the payment of the state duty in the amount of 1,415 (one thousand four hundred fifteen) tenge.
Collect from .......... Elena Anatolyevna in favor of .............. Kamila Akramkankyzy the amount of postage in the amount of 240 (two hundred and forty) tenge.
Collect from ........... Elena Anatolyevna in favor of …………… Kamila Akramkankyzy the amount of postage in the amount of 40,000 (forty thousand) tenge.
Sincerely, Representative by proxy ________/ Sarzhanov G.T. "___" __________ 2021 G.
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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