OBJECTION to the Appeal motion of the Prosecutor's Office
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
To the Board of Appeal for Civil Cases of the Almaty City Court of Almaty,
050000 Kazybek Bi Street, 66. 0201@sud.kz
from: Candidate of Medical Sciences and Institute of Almaty, Nauryzbay district, 050006, microdistrict ..., 2, apartment 2.
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 January 28, 2020, the Nauryzbay District Court of Almaty, consisting of the presiding judge Kaliev N.M., with the participation of a representative of the plaintiff, a representative of the defendant Sarzhanov G.T., considered in open court the civil case No. 7585-19-00-2/5008. according to the claim of the Akimat of Almaty (Hereinafter referred to as the Plaintiff) to K.O.N. (Hereinafter referred to as the Defendants) On: 1) compulsory alienation of a land plot for state needs; 2) Determining the amount of compensation for a land plot forcibly alienated for state needs; 3) Compulsory termination of ownership; 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, mkr..., 2, sq.m.2, belonging to K.O.N. Having examined the case materials, having heard the explanations of the parties, in their entirety, having determined the range of circumstances relevant for the correct resolution of the case, the Court decided to partially satisfy the Claim of the Akimat of Almaty.
OBJECTION to the Appeal motion of the Prosecutor's Office
To 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, mkr..., 2, sq.2 cadastral number 20-322-006-633, in the amount of 210,238,771 tenge for subsequent payment to K.O.N. 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. 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.
OBJECTION to the Appeal motion of the Prosecutor's Office
At the end of May 2019, we received an assessment report No. F19-0120/ALM dated April 17, 2019 from the KSU Department of Land Relations of Almaty, compiled by Capital Assessment Group LLP, where the market value of real estate owned by Mr. K.O.N., 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 ..., 2, apartment 2, amounted to 116,909,447 tenge.
In this regard, we submitted to the RCD of Almaty 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 determined 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. alienated real estate.. 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 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 per 1 sq.m. in the amount of 936,516 tenge, which logically corresponds to the average cost of the alienated property. And also at the court session, at the request of the parties, a forensic commodity examination was appointed.
OBJECTION to the Appeal motion of the Prosecutor's Office
According to expert opinion No. 7741 dated December 27, 2019. The Institute of Forensic Examination of Almaty, Ministry of Justice of the Republic of Kazakhstan, the market value of a land plot with a total area of 0.1444 hectares and a residential building with a total area of 251 sq.m. located at the address: Almaty, Nauryzbay district, 2, sq.2, at the time of the study is 210,238,771 tenge. In addition, we would like to inform the court that the above-mentioned immovable property, house No. 2, is divided into two apartments, where the owner of apartment No. 1 is Gr. Svetlana Anatolyevna Usacheva and for No. 2 - belonging to the Defendant. A similar civil case for No. 7585-19-00-2/4671 on the compulsory alienation of land and other immovable property for state needs also took place in the specified apartment No. 1, where the Almaty Akimat was also the plaintiff, and the defendant was gr.U.S.A. In this civil case, the Almaty Akimat provided a report on the valuation of immovable property located at: Almaty, MD,.., 2, sq.1, compiled by Capital Assessment Group LLP, where the market value of the seized real estate is 109,252,714 tenge. Disagreeing with the proposed amount of compensation, the defendant's party (U.S.A.) provided an assessment report dated 06/07/2019, compiled by the Valuation Institute LLP, where the market value of the property is 253,152,822 tenge. Since there are disagreements in the valuation documents provided by the parties, the court ordered a forensic examination of the case. According to the conclusion of the ISE expert for Almaty, the value of real estate located at the address: Almaty, mkr, ... 2, sq.1 amounted to 196,284,728 tenge.
Consequently, when determining the price for the purchased real estate, the court approved in its decision dated 28.01.2020 the conclusion of the ISE expert in Almaty, where the market value of the real estate amounted to KZT 196,284,728. Accordingly, in our civil case, Judge Kaliev N.M. made a decision where the value of the redeemable real estate located at the address: Almaty, Nauryzbay district, mkr.Zh., 2, sq.2 was determined by the conclusion of the ISE expert in Almaty, the market value of the real estate amounted to 210 238 771 tenge. The real estate belongs to the Defendant on the right of private ownership according to the Purchase and Sale Agreement dated 06/28/2016, concluded after receiving the response of the KGP to the notification of the Akimat of Almaty "Metropolitan" for No. 23-08/923 dated 06/09/2016 and No.23-08/1043 dated 06/28/2016 that this house is not subject to demolition. Based on this, we consider that the requirements of the Prosecutor's office of the Nauryzbay district of Almaty to appoint an additional expert examination to determine the price for the forcibly alienated property are not appropriate and we assume that there is no need to appoint an additional expert examination. Based on the above and in accordance with Chapters 52, 53 of the CPC RK,
I ask the Court:
The appeal petition of the Nauryzbay district Prosecutor's Office against the Decision of the Nauryzbay District Court of Almaty dated 28.01.2020 in civil case No. 7585-19-00-2/5008 should be dismissed.
The decision of the Nauryzbay District Court of Almaty dated 28.01.2020 in the civil case No. 7585-19-00-2/5008 on the claim of the Akimat of Almaty to K.O.N. - to leave unchanged.
Sincerely, General Director of Law Company Law and Law LLP ___________/Sarzhanov G.T. "___" __________ 2020 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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
