On the recognition of the contract of sale of motor vehicles as invalid and the recovery of the amount

 

On February 18, 2025, case No. 7514-24-00-2/29881 Bostandyk District Court of Almaty, consisting of: the presiding judge Tursymbaeva R.A., with the secretary of the court session, Zhanbyrbaev B., having considered in open court a civil case against the defendant of the CEC and SEC, On the recognition of the purchase agreement as invalid and the recovery of the amount

In accordance with the purchase and sale agreement dated July 15, 2022 (hereinafter referred to as the Agreement), S.E.S., with the consent of the spouse of S.P.K. (hereinafter referred to as the defendants), sold to G.O.A. (hereinafter referred to as the plaintiff) a Toyota LandCruiser 200 car, manufactured in 2016, identification number JTMCV02J504180477, state registration plate 752MCZ02 (next is the car).

The contract is certified by a private notary of the city of Almaty, S. G.Zh., registered in the register for No. 2334. According to clause 2 of the contract, the plaintiff paid the defendants an amount of 24,900,000 tenge for the car.

The plaintiff filed a lawsuit with the court on the basis of paragraph 1 of Article 158 of the Civil Code of the Republic of Kazakhstan, asking:- to declare the Contract invalid; to bring the parties to their original position;- to collect from the defendant in solidarity the amount of 24,900,000 tenge.

He also asked to collect court costs. The claim is motivated by the following. After the settlement of the transaction, the transfer of the car, he went to his home to register the car in the Russian Federation.

However, on 07/19/2022, during an inspection of the car, the fact of a change in the chassis and engine numbers of the car was revealed. The car was seized from him, which is confirmed by the protocol on the seizure of the vehicle dated 07/19/2022.

The fact that the body and engine identification numbers have been changed is confirmed by expert opinion No. 911. On August 05, 2022, a criminal case was opened by the senior investigator of the Department of Internal Affairs No. 4 "Electrotechnical" of the Ministry of Internal Affairs of Russia in Naberezhnye Chelny on the grounds of corpus delicti provided for in Part 1 of Article 326 of the Criminal Code of the Russian Federation, which is confirmed by the resolution on the initiation of criminal proceedings dated August 05, 2022.

Since he was sold a stolen vehicle with a fake body identification number, the transaction is illegal. At the hearing, the plaintiff supported the claim, citing the arguments set out in the claim. The defendant S.E.S. did not admit the claim, citing the legality of his purchase of a car, as well as the fact that they are bona fide buyers. He is not the first car buyer. Other persons did not take part in the court session, and they did not file a motion for adjournment.

By virtue of Article 147 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code of the Republic of Kazakhstan), transactions are recognized as actions of citizens and legal entities aimed at establishing, changing or representing them, unless otherwise follows from business practices.

According to paragraph 1 of Article 158 of the Civil Code of the Republic of Kazakhstan, a transaction the content of which does not comply with the requirements of the law, as well as a transaction made for a purpose knowingly contrary to the principles of law and order, is contested and may be declared invalid by a court, unless otherwise provided by this Code and other legislative acts of the Republic of Kazakhstan.

The court, having studied the case materials and listened to the arguments of the parties, concludes that the claim must be satisfied on the following grounds. The legality of the plaintiff's claims is confirmed by the protocol on the seizure of the vehicle dated 07/19/2022, the conclusion of the expert of the forensic department of the Ministry of Internal Affairs of Russia in Naberezhnye Chelny Misharova Yu.V. No. 911 dated July 28, 2022, the resolution of the senior investigator of the OD OP No. 4 "Electrotechnical" Department of the Ministry of Internal Affairs of Russia in Naberezhnye Chelny dated August 05, 2022 (UD No. 12201920069000953) on the initiation of a criminal case against an unidentified person, by resolution of the investigator of the OD OP No. 4 "Electrotechnical" Department of the Ministry of Internal Affairs of Russia in Naberezhnye Chelny Nurislamov A.S. dated September 03, 2022 on the suspension of the inquiry in criminal case No. 12201920069000953 in connection with the failure to identify the person to be involved as an accused, etc.

The court considers these evidences to be admissible, reliable evidence in the case, since they were provided to the court by the Police Department No. 4 "Electrotechnical" of the Ministry of Internal Affairs of Russia in Naberezhnye Chelny (vx.5-17/2559 dated January 29, 2025).

The court considers the defendant's arguments to be unsubstantiated and unsubstantiated, since the fact that the subject of the transaction was a car with the existing changes in the body and engine identification numbers cannot be considered legitimate.

According to sub-paragraphs 4, 5 of Article 8 of the Civil Code of the Republic of Kazakhstan, citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs, as well as the rules of business ethics.

This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed. Actions of citizens and legal entities aimed at harming another person, abusing the right in other forms, as well as exercising the right in contradiction with its purpose are prohibited.

In case of non-compliance with the requirements provided for in paragraphs 3-5 of this Article, the court may refuse to protect the person's right. The defendant has the right, in turn, to challenge the transaction with the seller of the car, in which he acted as the buyer. In accordance with Articles 108, 109 of the Civil Procedure Code of the Republic of Kazakhstan, the plaintiff's legal costs must be collected since the claim has been satisfied.

Guided by the requirements of Articles 223, 226 of the Civil Procedure Code of the Republic of Kazakhstan, the court decided: To satisfy the claim of G.O.A. to the SES and SEC.

To recognize the purchase and sale agreement for a Toyota Land Cruiser 200 car, manufactured in 2016, identification number JTMCV02J504180477, state registration plate 752MCZ02, notarized by registry number 2334 dated July 15, 2022, as invalid, and to restore the parties to their original position.

To collect in solidarity with the CEC and the SEC in favor of G.O.A. the amount of 24,900,000 (twenty-four million nine hundred thousand) tenge.

To collect from the CEC and the SEC in favor of the State in a shared manner the legal costs of the state duty in the amount of 250,000 (two hundred and fifty thousand) tenge, representative expenses in the amount of 2,000,000 (two million) tenge.

The decision may be appealed by the parties, the prosecutor filed an appeal petition in compliance with the requirements of Articles 403-404 of the Civil Procedure Code to the Appellate Judicial Board for Civil Cases of the Almaty City Court through the Bostandyk District Court of Almaty within one month from the date of the final decision, and persons who did not participate in the trial, from the date of sending them a copy solutions.

 

 

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