Statement of claim for recognition of the transaction as valid
Attention! The Law and Law Law Firm draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
To the Auliekolsky District Court of Kostanay region
The plaintiff: BSB IIN ...... place of residence: Zh....., mkr. ...., 13, sq. 49,
Kostanay region cell phone (WhatsApp) 8 708 .....
The defendant: BSM IIN .......... last known place of residence:
Auliekolsky district, Kushmurun village, 193.... street, Kostanay region, cell phone 8-747-...., 8747.....
Third party: Private bailiff of the Kostanay Executive District
Moscow region, address: Rudny, ul. ..., 13 office 31, cell. tel. 8 776 .... The price of the claim: 650,000 tenge
Statement of claim for recognition of the transaction as valid
In June 2018, I rented a VAZ-2108 car from the defendant, built in 1992, with a state registration number plate....10. Subsequently, on 10.10.2018, we verbally concluded a purchase and sale agreement with the defendant for 200,000 tenge, and in fulfillment of this agreement, I transferred 200 to the defendant. 000 tenge, as indicated by the defendant's receipt dated 10.10.2018, and on the same day the defendant handed me the car, the keys to the car and the certificate of state registration of the vehicle. Since October 2018, I have been bearing the burden of maintaining this car as the owner, buying spare parts, changing consumables, concluding compulsory insurance contracts for civil liability of vehicle owners and undergoing diagnostics of the technical condition of the car. Over the course of 3 years, I have repeatedly demanded that the defendant re-register the car in my name, and the defendant promised to "rewrite" the car in my name, however, he evaded re-registration of the car under various pretexts. 06/24/2021 The car, as well as the certificate of state registration of the vehicle, were seized by police officers from the city of Zhitikar and the Zhitikarinsky district. As I later learned, the car was seized by CSI MR.Zh., in connection with which the car was seized by CSI MR.Zh. on the basis of a decree dated 06/10/2021. The keys to the doors and ignition lock of the car are still in my possession.
Statement of claim for recognition of the transaction as valid
The above is confirmed by: the receipt of the defendant S.M. Baykenov dated 10.10.2018, the insurance history of JSC "State Credit Bureau" dated 07/29/2021, a copy of the diagnostic inspection card No. 4 dated 03/02/2020, commodity and fiscal checks of IP "MN.K." dated 05/30/2021 and 06/02/2021, an extract from the Automated Information System of enforcement authorities Ministry of Justice of the Republic of Kazakhstan (Website https://aisoip.adilet.gov.kz/debtors ). And my arguments can also be confirmed by witnesses.: Shakim Arman Kanatuly, who lives at the address: g. Gitikara, md., . . ., 49 sq. m., cell phone. (WhatsApp) 8747-...., S.N.T., residing at: G. Zh., mkr. .., 1A, sq. 16, cell phone (WhatsApp) 8747-...., H.N.A., residing at: G. Zh., (WhatsApp) 8775-..., O.A.N., residing at: Tobol, Kostanay district, mkr. V., 254, cell phone (WhatsApp) 8708-..., employee of the OP of the city of Zhitikar and the Zhitikarinsky district of the village. According to paragraph 1 of Article 26 of the Constitution of the Republic of Kazakhstan, "Citizens of the Republic of Kazakhstan may have any legally acquired property in private ownership." Thus, by avoiding the re-registration of ownership of the vehicle, the defendant violated my constitutional right, which eventually led to the fact that I lost my vehicle. Currently, as the owner, I am deprived of the right to own, use and dispose of the car, and therefore I have to go to court to protect my rights. I sent a complaint to the defendant, but he does not live at the specified address, he does not tell me his location. According to part 1 of art . 9 of the Civil Code of the Republic of Kazakhstan – "Protection of civil rights is carried out by court, arbitration by way of recognition of rights." 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 of the vehicle registration number dated October 10, 2018... The VAZ 21083/VAZ 21083 stamps, issued in 1992, were signed between B.S.M. and B.S.B. and the transaction was registered with the registration authority.; - To cancel the encumbrances imposed on the vehicle registration number .....10 of the VAZ 21083/vaz 21083 brand, produced in 1992; - to interrogate Sh.A.K., S.N.T., H.N.A., O.A.N., the appearance of witnesses in the court session as witnesses. I will ensure that a police officer from the GOC of Zhitikar and the Zhitikarinsky district of S.D. appears at the court session for questioning as a witness. Appendix: Copies of 2 receipts for payment of state duty, a copy of the receipt of B.S.M., a copy of the Certificate of the market value of the car, a copy of the Insurance history of JSC "State Credit Bureau" dated 07/29/2021, a copy of the diagnostic inspection card No. 4 dated 03/02/2020, copies of commodity and fiscal receipts of IP "M.N.K.." dated 05/30/2021 and 06/02/2021, a copy of an extract from the Automated Information System of the enforcement authorities of the Ministry of Justice of the Republic of Kazakhstan, a copy of the technical passport, a photo of the car keys, a copy of the resolution of the CHSI M.R.J. dated 06/10/2021. on the seizure of movable property, a copy of the claim, a copy of the postal receipt, a copy of the postal envelope, a petition for measures to secure the claim, a ruling of the Rudn City Court.
20.10.2021 B.S.B.
#Lawyer #Zanger #Zan kyzmeti #Korgau Company Firm #Azamattyk #Kylmystyk #Akimshilik #Torelik #Arbitration daulary #Almaty #Kazakhstan Lawyer Zanger Korgaushi Almaty Zan Kyzmeti Kensesi Kykyk Korgau Komek Azamattyk Kylmystyk Akimshilik isteri Arbitration daulary Kazakhstan #Lawyer #Lawyer #Legal Service #Defense Company #Law Office #Civil #Criminal #Administrative #Arbitration cases disputes #Almaty #Kazakhstan Lawyer Lawyer Almaty Law Company consultation service Civil Criminal Administrative Arbitration cases disputes Defense Law Office Kazakhstan
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
