OBJECTION to the Appeal motion of the Prosecutor against the decision of the district court
To the Appeal Board for Civil Cases of the Almaty
Almaty City Court, 050000 Kazybek Bi street, 66. 0201@sud.kz
from: ___________ IIN ________ Almaty, ___________
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, Abylai Khan str., 79, office 304,
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758
OBJECTION
on the appeal motion of the Prosecutor's Office
Nauryzbaysky district on the decision of the Nauryzbaysky district Court ___________
On January 28, 2020, the Nauryzbay District Court of Almaty, composed of the presiding judge ___________., with the participation of the plaintiff's representative, the representative of the defendant Sarzhanov G.T., having considered the civil case in open court №___________ according to the claim of Akimat Almaty (Hereinafter referred to as the Plaintiff) to ___________ ( Further, the Defendants) On: 1) compulsory alienation of a land plot for state needs; 2) Determination of the amount of compensation for a land plot forcibly alienated for state needs; 3) Compulsory termination of ownership rights; 4) Eviction of the Defendants from a land plot with an area of 0.1444 hectares and a residential building with an area of 251 sq.m. located at the address: Almaty, Nauryzbay district, _________ owned by _____________________________. Having examined the case materials, having heard the explanations of the parties, in their entirety, having determined the range of circumstances relevant for the proper resolution of the case, the Court decided to partially satisfy the Claim of the Akimat of Almaty. Determine the amount of compensation for a land plot with an area of 0.1444 hectares and a residential building with an area of 251 square meters located on it, located at the address: Almaty, Nauryzbay district, _____________________________cadastral number ..............., in the amount of 210,238,771 tenge for subsequent payment _____________________________. Disagreeing with the court's decision, the Nauryzbay District Prosecutor's Office (hereinafter referred to as the Prosecutor's Office) filed an Appeal.
The prosecutor's office motivates its petition as follows: The expert's opinion on this case is excessively high, unreliable and contrary to the interests of the buyer represented by the state. The Prosecutor's Office does not agree with the Decision regarding the determination of the price for the land plot, considers it unreasonable and illegal in this part on the following grounds. The expert's report cannot be taken into account, since the expert, when using the comparative method, incorrectly took as a basis objects with technical characteristics superior to the evaluated object. In such circumstances, we believe that the court violated the norms of substantive law during the consideration of this case, incorrectly determined and clarified the range of circumstances relevant to the case, the conclusions of the court set out in the decision do not correspond to the circumstances of the case, which, in accordance with art.427 CPC RK, is the basis for changing this decision.
OBJECTION to the Appeal motion of the Prosecutor against the decision of the district court
And accordingly, he asks the Board to change the Decision of the Nauryzbay District Court of Almaty dated January 28, 2020, to appoint an additional expert examination to determine the price for the forcibly alienated property for state needs. Dear Board of Appeal of the Almaty City Court, we believe that the above-mentioned arguments of the prosecutor are objectively unsupported, as well as unjustified and unsound. At the end of May 2019, we received an assessment report No. F19-0120/ALM dated April 17, 2019, compiled by Capital Assessment Group LLP, from the KSU Department of Land Relations of the city of Almaty, where the market value of real estate owned by gr. .................., in the form of: an apartment building with a total area of 251 sq.m., with a land plot with a total area of 0.1444 ha., cadastral number: 20:322:006:633. located in Almaty, Nauryzbay district, microdistrict __________, made up in the amount of 116,909,447 tenge. In this regard, we had a RCD. Almaty has submitted an alternative report on the valuation of real estate for No. 70/2019 dated June 10, 2019, carried out by the Valuation Institute LLP, which determines the market value of real estate in the amount of 228,734,302 tenge, we consider it reliable and fair, the market value indicated in it corresponds to the real value of the alienated property..
We also sent a corresponding request to the NGO "Kazakhstan Federation of Real Estate", which is reputable not only in the Republic of Kazakhstan but also internationally in the field of sale and valuation of real estate for marketing analysis by specialists of the NGO Kazakhstan Federation of Real Estate (CFN). To which we received a reasoned response from the CFN as follows: "To your request dated 06.06.2019. The specialists of the Kazakhstan Federation of Real Estate (CFN) conducted a marketing analysis to date in the sector of individual residential buildings in the Nauryzbai district of the southern capital in the sector of cottage towns.
As a result of the study, it was found that the average offer price for the purchase and sale of residential buildings with a total area of 250-340 sq.m., the size of a land plot of 7-15 acres, with outbuildings, is 744 900,00 - 955 000,00 tenge per 1 sq.m. Exchange rate (NBK) on 06/20/2019 $1 = 382.38 tenge. Total Average cost per 1 sq.m. = ($ 2 208+$ 2 574+$ 3 782+$ 2 452+$ 2421+$ 2 199)/6 =$ 2 706 = rounded up 1,033,692.00 tenge". (For more information, see the report of the NGO CFN). Whereas the appraisal company "Valuation Institute" LLP, which determines the market value of the alienated property in the amount of 228,734,302 tenge, determines the average cost for 1 k
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