Objection to the statement of claim for invalidation of the contract of sale
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To the Bostandyk District Court of Almaty to Judge A.T. Abaydeldinova.
Almaty, Bostandyk district, 050043, md. Orbit 2, building 20a.
From the defendant: FULL NAME AND ID _______
Proxy representative: Law and Law Law Company LLP
in BIN 190240029071, Almaty, 79/71 Abylai Khan Ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758;
The plaintiff: ____________ INN ________ Almaty, ul. _________ Tel ________
Objection to the statement of claim
on the recognition of the contract of sale as invalid
There is a civil case registered in your production №____________ from dd/mm/year on the claim of the full name (hereinafter referred to as the Plaintiff) to the FULL name (hereinafter referred to as the Defendant) for the recognition of the contract of sale as invalid, the restoration of the record of registration of ownership. According to which the Plaintiff justifies his claims that on June 05, 2020, an agreement for the purchase and sale of an apartment located at the address: Almaty was concluded between the Plaintiff and the Defendant., ______________. Under this agreement, the cost of the apartment was set at 18,000,000 tenge, however, before signing the agreement, the Plaintiff announced an additional payment of 100,000 tenge for furniture (which the Defendant refused to purchase), respectively, the final amount was set at 18,100,000 tenge. The contract was certified by Yerlan Tursinbekovich Sultanbskov, a notary in Almaty, and registered in the register as no. ____. The Plaintiff also argues in the statement that when signing the contract, in the notary's office and at the notary himself, the Defendant transferred an amount of 18,000,000 tenge to the Plaintiff as payment under the contract. For the remaining amount of 100,000 tenge, the Defendant personally, without any pressure from anyone, wrote a receipt in which the latter undertakes to pay the remainder of the amount under the contract, in the amount of 100,000 tenge, within 2 months, to which the Plaintiff fully agreed and confirmed her consent. We partially agree with the above arguments of the Plaintiff, since before visiting the Notary, there was an oral agreement that the Contract would take place in the amount of 18,000,000 tenge, however, before signing the Contract, the Plaintiff added 100,000 tenge for furniture that we did not want to purchase because the Plaintiff requested payment for 400,000 tenge for the furniture a little later than 200,000 tenge, but the Defendant categorically refused, as evidenced by Whatsapp and SMS correspondence. However, before the Notary issued the Purchase Agreement, at the request of the Plaintiff, the purchase amount of the apartment was changed by adding for furniture worth 100,000 tenge, the total amount was 18,100,000 tenge.
Objection to the statement of claim for invalidation of the contract of sale
Accordingly, between the Plaintiff and the Defendant, in accordance with Articles 151, 152, 154 of the Civil Code of the Republic of Kazakhstan by agreement of the parties, there was a completely written form of the transaction, which was certified by a notary. The Plaintiff's arguments that the purchase and sale of an apartment located at the address: Almaty, Bostandyk district, ul. ___________, It was not fully closed and completed, and accordingly the Plaintiff remained the owner of this apartment. As well as the Plaintiff's arguments that until the Defendant deposited the remaining amount under the contract, in the amount of 100,000 tenge, and the notary had to issue an apartment purchase agreement with deferred payment, we believe it is not viable because before signing the Purchase Agreement, the amount was changed by 100,000 tenge, at the initiative of the Plaintiff and the Plaintiff agreed to conclude a Purchase and sale Agreement with an additional payment of the remaining 100,000 tenge within two months. However, the Defendant dd/mm/yr paid the remaining 100,000 tenge, as evidenced by the payment receipt and the account statement.
157, paragraph 2 of the Civil Code of the Republic of Kazakhstan provides that a transaction is declared invalid in violation of the requirements for the form, content and participants of the transaction, as well as for their freedom of expression on the grounds established by this Code or other legislative acts - However, in accordance with this article, the Plaintiff does not provide any substantial arguments about the violation of the form and the content of the agreement, as well as the will to conclude the Contract. The Plaintiff's arguments regarding the illegal reissue, until the moment of depositing the remaining amount under the contract, in the amount of 100,000 tenge and about the possible entry into a criminal conspiracy of the Defendant with the Notary G. Almaty Sultanbekov E.T., and misleading employees of registration authorities by committing fraudulent acts, as well as committing a criminally punishable act of fraud and misleading by deception against the Plaintiff - Is a Slander directed at the Defendant for which criminal liability is provided, moreover, the Notary in the presence of all parties and at the will of the parties was It was the Purchase and Sale Agreement that was concluded and, accordingly, the apartment was subsequently re-registered. We're counting. all the arguments presented by the Plaintiff in his Statement of Claim are not valid, since all the conditions were fulfilled on the part of the Defendant. Article 159 of the Civil Code stipulates the Grounds for the invalidity of transactions and cites 12 circumstances where a transaction may be declared invalid, namely: 1. A transaction made without obtaining the necessary permission is void.;
2. A transaction pursuing the goals of unfair competition or violating the requirements of business ethics; 3. A transaction made by a person under the age of fourteen (a minor); 4. A transaction made by a minor under the age of fourteen without the consent of his legal representatives; 5. A transaction made by a person recognized as legally incompetent due to mental illness or dementia. A transaction made by a citizen who was subsequently recognized as legally incompetent; 6. A transaction made by a person limited in legal capacity by a court; 7. A transaction made by a legally capable person, but who was in a state at the time of its commission when he could not understand the meaning of his actions or direct them - due to this circumstance, the Plaintiff did not provide the court with the appropriate supporting documents and/or evidence; 8. A transaction made as a result of an error of significant importance may be recognized the court invalidated the claim of the party who acted under the influence of error; 9. A transaction made under the influence of deception, violence, threats, as well as a transaction that a person was forced to make due to a combination of difficult circumstances on extremely unfavorable terms for himself, which the other party took advantage of (bonded transaction), may be declared invalid by the court at the claim of the victim - The specified circumstance in paragraph 9 is also not suitable, since the Plaintiff provides the court with an Estimate of the average value of the real estate Analysis Report No. ___ dated July 04, 2020, produced by the Appraisal Company Almaty Valuation Center LLP, which determines the average estimated value of the property in the amount of 19,114,758 tenge, which naturally cannot be a profitable (bonded transaction) for the Plaintiff, since the difference between the purchase price and the estimated price is small, that is, acceptable; 10. A transaction made as a result of a malicious agreement by a representative of one party, an unscrupulous representative - well, here the parties were directly present at the conclusion of the Contract; 11. A transaction made by a legal entity in contradiction with the objectives of the activity; 12. Transactions provided for in paragraphs 3, 5 of this article, at the request of legal representatives of minors or incapacitated persons.
Objection to the statement of claim for invalidation of the contract of sale
Dear Court, Chapter 4 of the Civil Code of the Republic of Kazakhstan “Transactions” specifically defines the concept of a transaction, the form of conclusion, and the circumstances in which the Transaction is recognized as invalid. However, the Statement of Claim does not specify specific circumstances and or a reference to regulations on the recognition of the transaction as invalid. Apart from unsubstantiated charges of a criminal offense, nothing is given. Article 72 of the CPC RK. The "Duty of Proof" stipulates that each party must prove the circumstances to which it refers as the basis of its claims – which is not observed in the statements of claim. The Plaintiff's arguments that the apartment purchase agreement itself was drawn up without the Plaintiff's presence is that all the necessary documents were allegedly sent through a WhatsApp application and then the Plaintiff's spouse provided the originals of all necessary documents. And when the Plaintiff came to the Notary, the contract of sale of the apartment was already ready, and the Plaintiff, the Notary, and the Defendant were in a hurry to sign it, without even giving the Plaintiff a chance to thoroughly familiarize themselves with it, are not viable since the Plaintiff had enough time to study the Contract, since after studying the Contract, negotiations were held on about 100,000 tenge for furniture only later, as a result of the Defendant's consent to pay 100,000 tenge in addition, an agreement was signed in accordance with the receipt. In addition, as practice shows, all Notaries pre-prepare a preliminary version of the Contract and after studying the document by the parties, taking into account the changes and additions, they print it out on a letterhead and submit it for signature, which was done by a Notary, since the contract itself takes a lot of time.
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.
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