Establishment of the fact of termination of ownership of immovable property
The court considered in open court with the use of audio-video recording of the court session a civil case on the application of: B.A.X.. INTERESTED PERSONS: O.S.V., Akim of the Zhitikarinsky district, Department of the Zhitikarinsky district for Land Cadastre and real estate of the branch of the NAO "State Corporation "Government for Citizens" in Kostanay region, To establish the fact that legal significance, termination of ownership of immovable property. The applicant B.A.Kh. applied to the court on his own behalf and on behalf of his sister B.A.Kh. with a statement on the establishment of a fact of legal significance, explaining their claims by the fact that in 2007 they disposed of their real estate, but continue to be the owners of an apartment that belongs to another person. At the hearing, the applicant, B.A.Kh., explained that he, his sister, B.A.Kh., and his deceased brother, B.K., owned an apartment at 4 Prigorodnoye St., apartment 4. In fact, this apartment does not exist. In 2007, his sister sold the apartment to O.S.V., who converted his apartment at No. 2 and their apartment at No. 4 into one apartment consisting of two floors. Subsequently, the apartment was legalized and assigned number 2.
O.S.V. owns and disposes of this apartment by right of ownership. He asks the court to establish the fact of termination of ownership of a non-existent real estate object. The person concerned, O.S.V., explained to the court that in 2007 he had bought apartment No. 4 from B, while living in Apartment No. 2. The purchase and sale transaction was not registered. He rebuilt one of the two apartments and subsequently legalized it. The apartment was assigned the number 2 and the living area was changed to 135.6 sq.m. The representative of the concerned person of the Department of Land Cadastre and real estate K.Sh.K. at the hearing, she explained that the ownership of O.S.V. for the apartment located at 4 Prigorodnoye St., apartment 2, was registered on the basis of the act of the acceptance commission on the acceptance of the legalized construction project into operation dated 04/06/2007, where the total area is 135.6 square meters.m.. In view of the fact that that the issue of combining the two apartments was not raised, B.'s ownership remained registered in apartment No. 4, which currently does not exist, but they cannot independently terminate ownership without a court decision. When making a decision, the court is guided by the norms of Articles 302,305 of the Civil Procedure Code of the Republic of Kazakhstan, Article 28 of the Law of the Republic of Kazakhstan "On Housing Relations", Article 249 of the Civil Code of the Republic of Kazakhstan. The court hearing established that in 2007, the owners of B. disposed of their real estate located at the address. Prigorodnoye St.. 4 apartment 4 Zhitikarinsky district, selling the apartment O.S.V.. The sale transaction was not registered with the relevant authority. Later, O.S.V. redeveloped two apartments No. 2 and No. 4 into one apartment and legalized it. According to the submitted cadastral files, apartment No. 2 consisted of three living rooms with a total area of 67.7 sq.m., which is confirmed by the purchase and sale agreement dated 02/08/1996 and the certificate of inheritance right under the law dated 01/26/1996. Apartment No. 4 consisted of three living rooms with a total area of 62.9 sq.m. The act of the acceptance commission on the acceptance of a legalized construction project into operation states that the apartment, located at 4 Prigorodnoye St., apartment 2, Zhitikarinsky district, consists of two floors, and the total area is 135.6 square meters.m..
It follows from the above documents that in fact the real estate object located at the address. Prigorodnoye St. .... house 4 3 apartment 4 of the Zhitikarinsky district does not exist. This object, located on the second floor of building No. 4 above apartment No. 2, was legalized along with apartment No. 2, which currently consists of two floors, and is registered as owned by O.S.V. The establishment of the legal fact of B.A.H. is necessary to de-register ownership of the object, which no one does not own, and cannot own due to his absence and re-registration. The right of ownership of a dwelling, in accordance with paragraph 1 of Article 28 of the Law of the Republic of Kazakhstan "On Housing Relations", is terminated when the owner of the dwelling is alienated to another person, in the event of the death of the owner or in the event of destruction of the dwelling, as well as in other cases provided for by the Civil Code of the Republic of Kazakhstan. The court session reliably established that the owners disposed of their property in 2007, which was subsequently reconstructed into apartment No. 2. It is not possible to terminate ownership of a non-existent object in any other way except through the courts. Since the real estate object does not actually exist, B.A.Kh. submitted a power of attorney addressed to the applicant to resolve this issue, B.B.Kh. died on 10.10.2014, after disposing of the property in 2007, the court considers it necessary to terminate the ownership of all owners of the non-existent object. In such circumstances, the court considers that the stated claims must be satisfied. Guided by Articles 223-226 of the CPC, the court DECIDED: To satisfy B.A.Kh.'s statement on the establishment of a fact of legal significance. To establish the fact of legal significance of the termination of the ownership rights of B.A.Kh., B. B.Kh. and B.A.Kh. to immovable property located at the address Zhitikarinsky district S. Prigorodnoye St. ... building 4 apartment 4.
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