Pre-trial claim under the deposit agreement

 

 

gr. L

IIN

the city of Almaty, …

+7 701 ….

from: With

IIN .

the city of Almaty, …

+7 707 ….

Representative by proxy:

Law and Law Law Firm

BIN 201240021767

79 Abylai Khan Ave., office 304, Almaty.

info@zakonpravo.kz / www.zakonpravo.kz

+7 708 578 57 58; + 7 727 971 78 58.

 

PRE-TRIAL CLAIM

On March 29, 2023, a Notarial agreement was concluded between you and C on a deposit, registered in the register under No. 3525., which corresponds to Article 337 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code of the Republic of Kazakhstan), which states that a deposit is an amount of money issued by one of the contracting parties on account of payments due from it under the contract to the other party and to ensure the conclusion and execution of the contract.

The subject of the Deposit Agreement was to ensure the conclusion and execution of a contract for the purchase and sale of real estate, namely a land plot with an area of 0.10 hectares, located at the address, Almaty city. 182 S Street, Turksib district, within the framework of the agreement, you received a deposit (money) in the amount of 3,500,000 tenge due to the conclusion of a land purchase agreement in the amount of 23,500,000 tenge.

In addition, you have committed to remove the encumbrance by 06/10/2023, repay the loan debt to Halyk Savings Bank of Kazakhstan JSC, divide the land plot and allocate a land plot of 0.10 ha from your land plot with a total area of 0.2948 ha and prepare all the title documents for the transaction.

Also, you were warned by the specified agreement that, having received a deposit in the amount of 3,500,000 tenge, in case of non-fulfillment of the obligation secured by the deposit, you will pay gr. With a double deposit - 7,000,000 tenge.

Subsequently, without fulfilling the Deposit Agreement dated March 29, 2023, under various pretexts, we additionally signed an Agreement on additional deposit and extension of the deposit period dated 05/22/2023

Where, by mutual agreement, we decided to extend the deadline for the preparation of all necessary documents for the notarization of the land purchase agreement and for the conclusion of the sale agreement at the notary's office until 07/31/2023.

You have also received from me an additional deposit in the amount of 3,000,000 tenge, on account of the 23 500,000 tenge due from me, for the land plot I am acquiring.

You were also warned, as in the first Deposit Agreement, that if you refuse to sell the specified land plot, you will pay gr. With a double deposit – 13,000,000 tenge.

However, this time you did not fulfill your obligations under the above Deposit Agreements. Violation of an obligation is understood as its non-fulfillment or improper fulfillment, which contradicts Article 349 of the Civil Code of the Republic of Kazakhstan, which is not permissible according to Article 272 of the Civil Code of the Republic of Kazakhstan.

           On 08/01/2023, for the third time, we concluded an Agreement to extend the deposit period, where, with our mutual consent, we decided to extend the deadline for the preparation of all necessary documents for notarization of the land purchase agreement and for the conclusion of the purchase agreement at the notary office until 08/31/2023.

And for the third time, you were warned that if you refuse to sell the above-mentioned land plot, you will pay gr. With a double deposit - 13,000,000 tenge

To date, your obligations under three Agreements have not been fulfilled, in addition, the title documents for the purchase and sale of the above-mentioned land plot are not ready for a Notarial transaction.

Due to your failure to fulfill your obligations under the Contract and the deposit agreement, we have the opinion that your actions are aimed at seizing the amount by deception and abuse of trust with V.V.

According to paragraph 2, Article 338 of the Civil Code of the Republic of Kazakhstan, where it is stipulated that if the party that gave the deposit is responsible for non-fulfillment of the obligation, it remains with the other party, and if the party that received the deposit is responsible, it is obliged to pay the other party double the amount of the deposit. Moreover, the party responsible for non-fulfillment of the obligation is obliged to compensate the other party for losses, taking into account the amount of the deposit, since the contract does not provide otherwise.

We hereby invite you to voluntarily pay double the amount of the deposit, namely the amount of 13,000,000 tenge by September 25, 2023. If you do not repay the debt within the specified period, we reserve the right to take this matter to court. As well as to recover the amount of material (losses and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) and moral damage, as well as representative services in the amount of 1,000,000 tenge and /or apply to other competent authorities.

According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices.

152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and preserved.

We hope for your mutual understanding and that our further cooperation with you will continue on mutually beneficial and mutually acceptable terms.

 

Yours sincerely,, __________/ With

   

"____" _________2023 the year

 

 

 

 

 

 

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