Establishment of the fact of the existence of documents confirming the possession, use and (or) disposal of immovable property, if the applicant had a title document on the ownership of the property, but it is lost, and this fact cannot be established out of court.
In accordance with the procedure provided for in subparagraph 6) of Article 305 of the CPC, cases on establishing the existence of documents confirming the possession, use and (or) disposal of immovable property are subject to consideration if the applicant had a title document on the ownership of the property, but it is lost, and the specified fact cannot be established out of court. When considering such cases, the court establishes only the fact of the existence of documents confirming the ownership of the applicant's property, and not his ownership. d. and K. They applied to the court to establish the fact of ownership, use and disposition of the railway dead end as part of the Gordorstroy PSU property complex from December 2, 1997 under the purchase and sale agreement dated August 25, 1997 and the certificate of entry into ownership dated September 19, 1997. The establishment of a legal fact is necessary for the applicants to end the dispute over ownership of the railway dead end and the land plot in order to ensure the possibility of unhindered possession and disposal of this immovable property.
In refusing to satisfy the stated claim, the court reasonably proceeded from the requirements of paragraph 8 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan No. 13 dated June 28, 2002 "On judicial practice in cases of establishing facts of legal significance", which establishes the provision that the fact of ownership, use and (or) disposition of property on the rights of ownership, economic management, and operational management (subparagraph 5) of the second part of Article 291 of the CPC) are established by the court only on condition, if the applicant had a title document on the ownership of the property, but it is lost, and the specified fact cannot be established out of court. When considering such cases, the court establishes only the fact of the existence of documents confirming the ownership of immovable property to the applicant, and not his ownership right. The Court concluded that there were no grounds for establishing the legal fact that the applicants owned the railway impasse, since the original owner, K., and then the subsequent owner, D. they have title documents confirming ownership of the railway dead end.
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