Recognition of a real estate purchase and sale transaction as valid

 The Zhitikarinsky District Court of the Kostanay region, consisting of: the presiding judge, A.H. Zhurunova, with the secretary of the court session, I.B. Kulbatyrova, considered the civil case in open court.: AS well as to O.T.V., O.V.V., on the recognition of the transaction as valid, the defendant O.T.V., under the contract of sale dated May 22, 2020, sold to the plaintiff A.A.Zh. the immovable property belonging to her by right of ownership, located at the address: the city of Gitikara, . neighborhood, .house, non-residential premises . for 3,000,000 tenge. However, O.T.V. evades registration of the transaction with the authorized body. In confirmation of the transaction, the defendant issued the title documents to the plaintiff on May 22, 2020. The purchase and sale transaction was actually executed by the parties, its content does not contradict the current legislation and does not violate the rights of third parties. From the moment of the transaction, the plaintiff bears the burden of maintaining this immovable property. In this regard, he asks the court to recognize as valid the purchase and sale of real estate located at the address: Gitikara city, .. microdistrict, .. house, non-residential premises .., concluded between him and O.T.V. dated May 22, 2020. At the hearing, the plaintiff A.A.Zh., the plaintiff's representative Nigmetov S.D. clarified the stated claims, supported them, and asked to recognize the purchase and sale transaction dated May 22, 2020 as valid. The defendant O.T.V. acknowledged the claim in full in court, explaining to the court that on May 22, 2020, a purchase and sale transaction took place between her and the plaintiff for real estate owned by her, located at the address: city of Zhitikara, .. microdistrict, .. house, non-residential premises. The transaction amount was KZT 3,000,000, she received the money, has no claims, the transaction corresponded to her will. He does not object to the satisfaction of the claim. The consequences of admitting the claim are explained and understandable to her. The defendant O.V.V. admitted the claim, explaining that when making the transaction, he gave his notarized consent to the sale of real estate, the consequences of recognizing the claim were explained and understandable to him. By virtue of Article 235 of Part 2 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), ownership of property owned by an owner may be acquired by another person on the basis of a contract of sale, barter, donation or other transaction on the alienation of this property. In accordance with Articles 147,148 of the Civil Code, transactions are recognized as actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations. Transactions are consciously committed actions, they manifest the will of the one who acts. To conclude a contract (a bilateral or multilateral transaction), it is necessary to express the agreed will of the two parties. According to the provisions of Article 155 of Part 1 of the Civil Code, transactions subject to state registration are considered completed from the moment of their registration. The court found that the rightholder of the immovable property located at the address: city of Zhitikara, .. microdistrict, .. house, non-residential premises 2, is O.T.V. On the basis of the purchase and sale agreement dated May 22, 2020, O.T.V. sold the above-mentioned immovable property to A.A.Zh. for 3,000,000 tenge. The fact of receiving the money is confirmed by the testimony of O.T.V. herself, as well as by the owner's handwritten signature in the deposit agreement. During the trial, it was established that since October 2019, the plaintiff actually owns this real estate, bears the burden of its maintenance.

Recognition of a real estate purchase and sale transaction as valid

According to Article 393 of the Civil Code, a contract is considered concluded when an agreement has been reached between the parties in the required form on all its essential terms. Essential are the terms of the subject of the contract, the terms that are recognized as essential by law or are necessary for contracts of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached. Analyzing the written evidence, the court concludes that between the owner O.T.V. and A.A.Zh. An agreement has been reached on all essential terms of the real estate purchase and sale transaction. In addition, the transaction was executed at its very conclusion, namely, funds in the amount of 3,000,000 tenge were transferred to O.T.V., and the latter handed over to the plaintiff the title documents for this object, and the subject of the transaction itself, real estate. The court examined all the evidence confirming the indisputability of the seller's will to alienate real estate and transfer money for it. The content of the transaction concluded between the parties does not contradict the law and does not violate the rights of third parties. By virtue of Article 406 of the Civil Code, the contract of sale is considered fulfilled from the moment the seller fulfills the obligation to transfer the goods to the buyer. The seller's obligation to transfer the goods to the buyer is deemed fulfilled at the time the goods are placed at the buyer's disposal (Article 410 of the Civil Code). According to Part 1 of Article 188 of the Civil Code, ownership and other rights to immovable property, restrictions on these rights, their occurrence, transfer and termination are subject to state registration. Therefore, the owner has the right to make a transaction with respect to immovable property only after the state registration of his rights. The defendants acknowledged the claims, which, according to Article 171 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), entails the satisfaction of the claims. The recognition of the claim by the defendants does not contradict the law, does not violate anyone's rights, freedoms and legitimate interests, and therefore was accepted by the court. In this regard, the court concludes that the plaintiff's claims have been satisfied. The court's decision to satisfy the claim is the basis for registration of ownership of this immovable property for the plaintiff A.A.Zh.. The plaintiff does not insist on reimbursement of court costs paid when filing a claim with the court, Guided by Articles 223-226 of the CPC, the court DECIDED: To satisfy the claim of AAJ to O.T.V., O.V.V., on recognizing the transaction as valid. To recognize the transaction of purchase and sale of real estate located at the address of the city of Gitikara. microdistrict, . house, non-residential premises 2, on land plots with cadastral numbers ...., ...., ..., ..., concluded on May 22, 2020 between A.A.Zh. and O.T.V. valid. To recognize the real estate purchase and sale transaction as valid

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