Recognition of ownership of immovable property on the grounds of the statute of limitations
The court of the Zhitikarinsky district of the Kostanay region, consisting of the presiding judge V.V. Yushchenko, the secretary of the court session, V.V. Ruzmanova, the representative of the plaintiff, S.D. Nigmetov, having considered in open court on November 13, 2017 in the city of Zhitikar a civil case on the claim of Sh.K.M. to the akim of the Zhitikarinsky district "on recognition of ownership of a residential building." After examining the case file, the court found: Sh.K.M. He filed a lawsuit with the akim of the Zhitikarinsky district for recognition of ownership of real estate in the form of a house with a plot of land due to the statute of limitations, arguing that he has been living in this house since April 1999, having acquired it from the society of Evangelical Baptist Christians. He was unable to register ownership in a timely manner due to his difficult financial situation. Currently, he does not know the location of the owner, so he has to go to court. At the hearing, the plaintiff's representative, S.D. Nigmetov. He fully supported his demands, explaining that since 1999 his principal has been living in this apartment and bears the burden of maintaining it. Currently, the address of the owner's location is unknown to him. According to the response of the Department of Justice for the Zhitikarinsky district, the Society of Evangelical Christian Baptists did not undergo state registration, re-registration and liquidation. Currently, the facility has received a conclusion from the competent authority on its suitability for further operation. Asks the court to recognize her ownership of an apartment building with outbuildings due to the statute of limitations.
The defendant's representative did not appear at the court session, but sent a review in which he acknowledged the claims in full. The court, with the consent of the plaintiff, considers it possible to consider the case without the defendant appearing, considering him to have been duly notified. The court, having studied the case materials and listened to the plaintiff, considered the claim to be satisfied on the following grounds: In accordance with Part 1 of art. 240 of the Civil Code of the Republic of Kazakhstan, a citizen or a legal entity who is not the owner of property, but who has owned real estate in good faith, openly and continuously as their own for seven years, or other property for at least five years, acquires ownership of this property (statute of limitations). The right of ownership to immovable and other property subject to state registration arises from the person who acquired this property by virtue of the statute of limitations, from the moment of such registration. Plaintiff SHK.M. having lived in this house since 1999, he moved into it with the consent of the owner of the "Society of Evangelical Baptist Christians", whose location has not been established. For 18 years, Sh.K.M. he owns this property in good faith and openly, which is confirmed by certificates of absence of arrears in property taxes, payment of utilities performed on behalf of the plaintiff. The land plot belongs to the Society of Evangelical Christian Baptists on the basis of the state act on land dated January 9, 1997 and is intended for maintenance of premises, therefore, the court considers that the owner of the apartment building needs It will be necessary to adjust the mode of use of the land plot, for which it is necessary to contact the relevant organizations. At the same time, the court considers that there are no obstacles to recognizing the ownership of real estate for Sh.K.M., due to the statute of limitations. On the basis of the above and guided by art. 240 of the Civil Code of the Republic of Kazakhstan, art. 222-226 of the Civil Procedure Code of the Republic of Kazakhstan, the court, R E W I L : Satisfy the claims of Sh.K.M. in full. To recognize for Sh.K.M . the ownership of real estate in the form of: - an apartment building . at the address : g.Gitikara street . house 7, Kostanay region, due to the statute of limitations. Recognition of ownership of immovable property on the grounds of the statute of limitations
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