Statement of claim for recognition of the transaction as completed
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To the Zhitikarinsky district Court of Kostanay region
plaintiff: A.A.Zh. IIN..... place of residence: g. Gitikara, . mkr., D..., sq. ..., cell. tel. 8777...
plaintiff's representative: Sabit Davletovich Nigmetov, IIN 820125350700
place of residence: g. Gitikara, 4 mkr., 21, sq. 24, cell. tel. 87752667988
defendants: O.T.V., IIN.. Place of residence: G. Zh., ul. May, D.
cell phone .... O.V.V..., IIN ..., place of residence: g. Gitikara, ul. .., d..
Claim price: 4,442,000 (four million four hundred forty-two thousand) tenge
Statement of claim for recognition of the transaction as completed
In October 2019, an agreement was reached between me and the defendant O.T.V. on the purchase and sale of a store with land plots at the address: Gitikara, microdistrict .., house .., non-residential premises .., for 3,000 000 million tenge. To confirm our intentions, we signed a deposit agreement on 10.10.2019, according to which I had to pay the purchase price for the store in full by May 29, 2020. And according to the deposit agreement, the value of the real estate could not be changed and would amount to 3,000 000 tenge. On May 22, 2020, the cost of the store was fully paid by me, the money was transferred to the defendant O.T.V. On the same day, a contract for the purchase and sale of the store with land plots was concluded between me and the defendant O.T.V. with the consent of the defendant O.V.V., certified by a notary. For several months, the defendant O.T.V. and I have repeatedly applied to the branch of the Government for citizens of the Kostanay region in the city of Zhitikar, however, due to errors in the title documents, the purchase and sale agreement was not accepted for registration. On July 09, 2020, the documents were accepted for registration of the purchase and sale transaction, however, errors were again found in the title documents and the transaction did not pass state registration. The expenses for the state registration of real estate rights have been fully paid by me, as there are receipts.
Statement of claim for recognition of the transaction as completed
Subsequently, the defendant O.T.V. issued a power of attorney to I.B.B. for the proper registration of documents for the store and land plots. However, the purchase and sale agreement has not been registered by the state and the ownership of the store and land has not been transferred to me until now. I have repeatedly contacted the defendant O.T.V. with a proposal to register the transaction, but the defendant ignores my demands, arguing that I must pay an additional 1,000 000 tenge for the store with land plots. Thus, the defendant O.T.V. he evades the fulfillment of the terms of the contract, according to which the cost of the store with land plots was determined at 3,000 000 tenge and the contract was subject to mandatory state registration. According to Part 2 of Article 154 of the Civil Code of the Republic of Kazakhstan, If a transaction requiring notarization is actually executed by the parties or one of the parties, its content does not contradict the law and does not violate the rights of third parties, the court, upon application of the interested party, has the right to recognize the transaction as valid. In this case, subsequent notarization of the transaction is not required. According to Part 1 of Article 406 of the Civil Code of the Republic of Kazakhstan, Under a purchase and sale agreement, 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 a certain amount of money (price) for it. The fact of the conclusion between me and the defendants of a purchase and sale agreement for a store with land plots is confirmed by the following documents: an agreement on a deposit dated 10.10.2019 with a handwritten note by the defendant O.T.V. that the funds were received by her in full, a purchase and sale agreement dated 05/22/2020, a notarized consent of the defendant O.V.V. for sale a store with land plots, a power of attorney for I.B.B. to prepare the alienation of the store, a written explanation from the defendant O.V.V. addressed to the Chief of police.
In addition to these documents, the defendant's will to sell the store with land plots is confirmed by the fact that the following documents were handed over to me: a technical passport for the store, acts on land plots, a purchase and sale agreement with the previous owner, and a resolution of the akim of the Zhitikarinsky district on changing the purpose of land plots. From October 2019 to the present, I actually own the store and bear the burden of its maintenance, according to our agreement with the defendant. I believe that when concluding the purchase and sale transaction, I and the defendants have complied with all the essential conditions and requirements for this transaction. In accordance with Part 2 of Article 155 of the Civil Code of the Republic of Kazakhstan, if one of the parties evades the state registration of a transaction, the court has the right, at the request of the other party, to make a decision on registration of the transaction. In this case, the transaction is registered in accordance with the court decision. Based on the above, I ask the court to: - Recognize the purchase and sale transaction dated May 22, 2020 of a store with land plots located at the address: city of Zhitikara, microdistrict 2, house 2, non-residential premises 2 between O.T.V., O.V.V. and A.A.Zh. held and make the state registration of the transaction with the registration authority. Appendix: receipt of payment of state duty, purchase and sale agreement between O.T.V. and A.A.Zh., O.V.V.'s consent to the sale of the store, a copy of the deposit agreement, O.T.V.'s power of attorney. on I.B.B., copies of 2 acts on the land plot, a copy of the resolution approving the purpose of the land plots, a copy of the agreement on termination of the lease agreement on the land plot, a copy of the technical passport for the store, the purchase and sale agreement of the store between O.V.V. and O.T.V., copies of 5 receipts for payment of state registration of real estate rights, a copy of the investigator's report, copies of explanations by A.A.Zh., O.T.V., a copy of the claim, a copy of the mail notification of acceptance of the shipment, a copy of the screenshot of the kazpost website.kz on the delivery of the claim, a copy of the certificate of registered rights to immovable property, a copy of the analytical certificate on the possible value of non-residential premises, a copy of the plaintiff's identity card, a copy of the lawyer's certificate, a copy of the power of attorney
Statement of claim for recognition of the transaction as completed
12.01.2020 A.A.Zh. representative of the plaintiff Nigmetov S.D.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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