On the exclusion of copies of unregistered documents from the land registry
No. 6001-23-00-6ap/1677 dated 12/14/2023
Plaintiffs: Sh.V., D.T.
Defendant: NAO "Government for Citizens State Corporation" (hereinafter – NAO)
Interested party: KJ LLP
The subject of the dispute: the compulsion to exclude documents belonging to objects from the registration file, the exclusion from the land registry file of copies of unregistered documents sent outside the public service through the public service center, the recognition of illegal actions of the defendant regarding the correction of the cadastral number
Review of the cassation complaints of the plaintiffs and representative K.V. FABUL:
The plaintiffs filed the above claim with the court, arguing that in the registration and cadastral cases for real estate No. 148 on K. Street in the city of K. attached are documents for apartments No. 1 and No. 2 of apartment building No. 148a on K. Street in the city of K., belonging to the plaintiffs. The plaintiffs' request to form registration files for each property separately was refused by the NAO. They consider these actions illegal.
Judicial acts:
1st instance: the claim was denied.
Appeal: the court's decision remains unchanged.
By the resolution of the Judicial Board for Administrative Cases of the Supreme Court of the Republic of Kazakhstan dated December 6, 2022, judicial acts of local courts were canceled with the referral of the case for a new hearing to the court of appeal in a different composition.
Upon reconsideration, the claim was returned by the ruling of the judicial board for Administrative cases of the K. Regional Court dated August 21, 2023.
Cassation: judicial acts are upheld.
Conclusions: thus, at the request of the defendant's compulsion to exclude from the registration file at the address: K. city, K. Street, 148 "Botanic Substation" documents belonging to the real estate object: K. Street, house 148a (K.A.) apartment 1 and K. Street, house 148a (K.A.) apartment 2, the court of appeal indicated that this claim of the plaintiffs is subject to return by virtue of subparagraph 11) of the second part of Article 138 of the APPC, as not subject to consideration in the procedure of the APPC, since this claim is not
It is aimed at restoring the violated rights of the plaintiffs.
The Court of Appeal correctly determined that the actions of the NAO to form registration files for real estate objects do not fall under the concept of either an onerous administrative act or an administrative action affecting the rights and obligations of plaintiffs. The owner of immovable property has the right to raise the issue of the content of registration files if his rights are actually violated, however, the owner of immovable property today is an LLP.
"KJ", not the plaintiffs.
The plaintiffs' demand to force copies of unregistered documents to be excluded from the land registry file at 148 K. Street, K. city, and the demand to declare illegal the actions of the NAO regarding the correction of the cadastral number for a real estate object located at 148 K. Street, K.city, from 09:142:158:102" on "09:142:158:644", The court of appeal also considered it necessary to return by virtue of subparagraph 4) of the second part of Article 138 of the CPC, as declared by persons who do not have the right to present these claims.
The Court of Appeal, referring to paragraphs 2, 3 and 4 of Article 23 of the Law of the Republic of Kazakhstan "On State Registration of Rights to Immovable Property," pointed out that correcting errors in the cadastral number for the property does not affect the rights and obligations of the plaintiffs, since they are neither owners nor adjacent land users of the land plot along K.A. Street., house 148.
In this connection, the court of appeal came to the correct conclusion that the plaintiffs do not have the right to make a claim regarding the maintenance of the land registry case on the land owned by the LLP.
"KJ".
These conclusions of the court of appeal comply with the requirements and principles of administrative proceedings and fully comply with the circumstances established in the case.
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