Objection to the Prosecutor's appeal against the court decision
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To the Appeals Board for Civil Cases of the Almaty
City Court of Almaty, ___________________. _______@sud.kz
from a Russian citizen: ___________________ IIN ___________________
Almaty, Nauryzbayskiy ___________________
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, Abylai Khan str., 79, office 304,
info@zakonpravo.kz / www.zakonpravo.kz
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on the appeal petition of the Prosecutor's Office of the Nauryzbay district against the decision of the Nauryzbay District Court of Almaty dated __ December 20__
__ December 20__ Nauryzbay District Court of Almaty, composed of the presiding judge ___________________, with the participation of a representative of the plaintiff, a representative of the defendants ___________________, having considered a civil case in open court №___________________ according to the claim of the Akimat of 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; 4) Eviction of the Defendants from a land plot with an area of 0.0769 ha and a residential building with an area of 339.5 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.
Objection to the Prosecutor's appeal against the court decision
Determine the amount of compensation for a land plot with an area of 0.0769 hectares and a residential building with an area of 339.5 square meters located on it, located at the address: Almaty, Nauryzbay district, Zhaily district, ___________ cadastral number ____________________, in the amount of KZT 196,284,728 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 as analogues. 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 December 19, 2019, 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. In this regard, we have submitted to the RCD of Almaty an alternative report on the valuation of real estate for No. 85/2019 dated June 07, 2019, completed by ________________________________, Where The market value of the property has been determined in the amount of 253,152,822 tenge, we consider it reliable and fair, the market value indicated in it corresponds to the real value of the alienated property.
Objection to the Prosecutor's appeal against the court decision
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 __.06.20__ 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)16-% 2 706 = rounded up 1,033,692.00 tenge". (For more information, see the report of the NGO CFN). Whereas an appraisal company ________________________________, where the market value of the alienated real estate is determined in the amount of 253 152 822 tenge, it determines the average cost per 1 sq.m. size
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