Recognition of the transaction as valid | Release of property from seizure

The Auliekolsky district Court of the Kostanay region, composed of the presiding judge Akhmetova A.B., considered the civil case in open court.: BSB to BSM, a third party who does not make independent claims: Private bailiff M.R.J., to recognize the transaction as valid; to release property from seizure. According to the receipt dated October 10, 2018, a purchase and sale agreement was concluded between BS.B. and BS.M. for a vehicle of the VAZ 21083 brand, state registration plate ... HYA.... 2. Since October 2018, he has been bearing the burden of maintaining this car, concluding compulsory insurance contracts for civil liability of vehicle owners and undergoing diagnostics of the technical condition of the car. Over the course of three years, he repeatedly demanded that the defendant re-register the car in his own name, and the defendant evaded re-registration of the car on various pretexts. On June 24, 2021, the car, as well as the certificate of state registration of the vehicle, were seized by officers of the Police Department of the city of Zhitikary and the Zhitikarinsky district. On December 02, 2020, by resolution of the private bailiff Mukhametalin R.Zh. on enforcement proceedings No.627/20-39-3864 On November 23, 2020, the disputed property was seized. The plaintiff appealed to the court with a claim for recognition of the transaction as valid, arguing that after writing the receipt and transferring the money, it was not possible to formalize the purchase and sale agreement properly, since the defendant evaded. The plaintiff, B.S.B., supported the claims at the hearing for the reasons set out in the statement of claim and requested that they be satisfied in full.

The defendant B.S.M. acknowledged the claims at the hearing and did not object to their satisfaction, as stated in the case file. A third person, private bailiff Mukhametalin R.J., did not object to the satisfaction of the stated claims at the hearing, leaves it to the discretion of the court. The protection of civil rights is carried out in the ways listed in Article 9 of the Civil Code of the Republic of Kazakhstan (hereinafter CC), as well as in other ways provided for by law. According to Article 147 of the Civil Code, transactions are recognized as actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations. In accordance with Part 2 of Article 154 of the Civil Code, if a transaction requiring notarization is actually executed by the parties or one of the parties, and its content does not contradict the law and does not violate the rights of third parties, the court may recognize the transaction as valid at the request of the interested party. In this case, no subsequent notarization is required. By virtue of 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 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.

In accordance with paragraph 1 of Article 406 of the Civil Code, under a contract of sale, one party (seller) undertakes to transfer property (goods) to the ownership, economic management or operational management of the other party (buyer), and the buyer undertakes to accept this property (goods) and pay for it a certain amount of money (price). Subparagraph 2 of paragraph 1 of Article 410 of the Civil Code stipulates that, unless otherwise provided by the contract of sale, the seller's obligation to transfer the goods to the buyer is considered fulfilled at the time the goods are placed at the disposal of the buyer. The plaintiff's arguments about the actual transaction of the purchase and sale of a vehicle are confirmed by the case file with the testimony of witnesses SHA.K., CH.T. KHN.A., who confirmed that BS.M. sold the car to BS.M. in 2018, when everyone worked together at the Institution of the Criminal Code 164/1. As can be seen from the case file, on October 10, 2018, BS.M. issued a receipt to the plaintiff, according to which he received funds in the amount of 200,000 tenge for the sale of the above-mentioned vehicle. The examined documents, according to the court, confirm the fact that the buyer transferred money to the seller, and the seller to the buyer of the object of sale, which indicates not only the intentions of the parties, but also the actual completion of the sale transaction. Based on the above, the court considers that the car purchase and sale transaction concluded between BS.B. and BS.M. was completed properly, since the money was transferred by the buyer to the seller, and the seller, accepting it as payment, handed over the vehicle. Therefore, this transaction should be considered valid, since it does not contradict the law and does not violate the rights of third parties. According to Part 5 of Article 6 of the CPC RK, if the law or the agreement of the parties to the dispute provides for the resolution of relevant issues by the court, the court is obliged to resolve these issues based on the criteria of fairness and reasonableness.

The Court finds that as a result of the encumbrance imposed on the disputed vehicle, the plaintiff has been prevented from exercising the right to register as the owner of the acquired property. In such circumstances, the court concludes that the claims for recognizing the transaction as valid and releasing the property from seizure are justified and must be satisfied. Guided by Articles 223-226 of the CPC, the court DECIDED: To satisfy the claims of the BSB. To recognize the transaction dated October 10, 2018 of the purchase and sale of a vehicle of the VAZ 21083 brand, registration number plate.... ….0, 1992 year of manufacture between BSM and BSB valid. Release from arrest, including the imposed prohibitions on registration actions, a VAZ 21083 car, state registration plate ... ... 10, body number ....., cherry blossom, 1992, issued by a decree dated December 02, 2020 of the private bailiff of the executive district of the Kostanay region Mukhametalin R.J. Recognition of the transaction as valid Release of property from seizure

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