Statement of Claim for recovery of the amount under the agreement
To Kapshagai City Court
Almaty region
Almaty region, 040800,
Kapshagai, Abaya str., 5.
050212@sud.kz
8-72772-5-03-77, 8-72772-5-03-77
The plaintiff: ___________________
IIN __________________
address: ___________________
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002,
50 Zhibek Zholy Ave., office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
The defendant: __________________
IIN: __________________
address: ___________________
STATEMENT OF CLAIM
on the recovery of the amount paid under the contract of sale of a car
October 04, 201_ between __________________ ( further, the Plaintiff is the Buyer) and __________________ ( further, the Defendant is the Seller) a purchase transaction was completed by the Plaintiff the defendant has a car brand __________________, GRNZ ___________ 20__ year of issue in the amount of 9 500 000 tenge. After the purchase of the above-mentioned vehicle, the Plaintiff in the territory of the Turkestan region had previously been de-registered on the basis of the SRTS __________________ and the PFS subsequently reissued it in the name of the Plaintiff, issued by the GRNZ ________ SRTS_______. There were no encumbrances during the reissue and no legal claims were made by law enforcement officers. However, in 201_, based on the decision of the Ili District Court of the Almaty region and the criminal case initiated against the Defendant, the car purchased by the Plaintiff from the Defendant was seized and handed over to the Applicant. __________________.
Later it turned out that 04.12.201_ __________________ suggested by gr. __________________., to purchase from him a car of the brand __ owned by him__________ GRNZ __________________, 201_ year of release. Agreeing, he passed on __________________. 2,500,000 tenge. Since the car's body was damaged, then they agreed that __________________ they will repair it and after the repair they will go to a Special car registration center to reissue the car. The time for the repair is agreed until 03.01.201_. After the expiration of this period, the defendant tried in every possible way to reissue the car in the name of __________________ citing various reasons.
In early March, the defendant announced that he would return the money. __________________ due to the fact that the prices of the car have risen, and he will sell the car for more, but after that the defendant did not return it. __________________., neither cash nor reissued the car. Accordingly __________________., The Ili District Court of the Almaty region appealed with claims for recognition of the transaction as valid, asked the Court to recognize the car purchase and sale transaction. __________________, state number __________________, 201_ years of production between __________________ concluded on 04.12.201_g. valid and oblige the defendant to hand over the specified car to him, collect a state duty from the defendant in the amount of 56,060 tenge. On September 21, 201_, the Ili District Court of the Almaty region, composed of the presiding judge __________________., with the participation of the plaintiff __________________ the defendant __________________ having considered in open court proceedings in the courthouse, the civil case on the claim ____________________________________on recognizing the transaction as valid,
The Court Decided: The Claim __________________ to __________________, committed on 04.12.201_ between ____________________________________ for the purchase and sale of a car brand ____________________________________on the recognition of the transaction as valid - to satisfy. Recognize the 500 S transaction, state __________________- valid. Oblige __________________ transfer a brand car __________________500 S, State number ____________________________________. Collect __________________ in favor of __________________a __________________ state duty in the amount of 56,060 tenge.
The Plaintiff also found out that in the Department of Internal Affairs of the Auezovsky district of the Department of Internal Affairs of Almaty, the Defendant's relationship __________________ a criminal case was initiated under art. 190 part 4 of the Criminal Code of the Republic of Kazakhstan (Fraud) and the fact that he was detained, subsequently The Criminal Court of the Auezovsky district of Almaty on June 19, 201_ Sentenced __________________ to 5 years of imprisonment with confiscation of property. Additional information __________________ I applied to the court with a claim for invalidation of transactions, for the recovery of cars from someone else's illegal possession, to the defendants __________________. motivating their demands by the fact that the verdict of the Auezovsky District Court of Almaty dated 06/18/201_ __________________. He was found guilty of committing a criminal offense under Articles 190, part 4, paragraph 2, and Article 385, Part 2 of the Criminal Code of the Republic of Kazakhstan, and was sentenced to 5 years in prison with confiscation of property and serving his sentence in a medium-security facility of the penal enforcement system. _________________having an intention to commit fraud, that is, theft of someone else's property by deception and abuse of trust, stole his property on a particularly large scale, then disposed of it at his discretion, selling it to third parties.
Thus __________________ unable and unwilling to return the stolen cars, abusing his trust, he stole a car brand __________________., and illegally transferred this car __________________., to whom new ones were issued __________________ and also a car __________________201_ year of manufacture, state license plate __________________, illegally transferred this car __________________. to whom new ones were issued __________________, and he, in turn, handed over the stolen car. __________________ who has been issued a new vehicle registration certificate and new __________________Thus __________________ by his actions, he caused material damage on an especially large scale. December 29, 201_ District Court no.2 Auezovsky district of Almaty under the chairmanship of a judge __________________ with the participation of the plaintiff __________________., the defendant __________________., the defendant's representative __________________– __________________., acting by proxy, the defendant __________________. and his representative ______________., acting on the warrant, the defendant __________________., having considered in open court the civil case on the claim of ______________to __________________ on the recognition of transactions as invalid, on the recovery of cars from someone else's illegal possession,
The Court Decided: Claims ____________________________ to __________________ on the recognition of transactions as invalid, on the recovery of cars from someone else's illegal possession - partially satisfy. To recognize the simple form of the transaction dated 07.04.201_ for the alienation of a car brand __________________ 201_ year of release, __________________ between ____________________________________ c – invalid. To recognize a simple form of a deal for the alienation of a car brand __________________201_ year of manufacture, GRNZ ______________, between ______________, which occurred in 201_, is invalid. Claim a brand car ______________ 201_ year of manufacture, GRNZ ______________ from someone else's illegal possession at ______________. To recognize the simple form of the transaction dated 05.10.201_ for the alienation of a car brand ______________ S 500, GRNZ ______________201_ year of manufacture, between ______________and ____________________________ invalid. Claim a brand car ____________________________ S 500, GRNZ ______________ from someone else's illegal possession at ______________.
Similarly, the car purchased by the Plaintiff is of the brand ______________500 S, the state number ______________201_ year of issue for a total of 9 500 000 tenge on the basis of the above facts, ___ was committed___________., thus, the Plaintiff suffered material damage in the amount of 9 500 000 tenge for the purchased car brand by illegal actions of the Defendant. ______________500 S. To date, the Defendant has not returned the funds in the amount of 9 500 000 tenge, thereby causing not only material but also moral damage by introducing the Plaintiff into constant litigation that dragged on for about two years. Article 9, paragraph 4, of the Civil Code of the Republic of Kazakhstan. "Protection of civil rights" states that a person whose right has been violated may demand full compensation for damages caused to him, unless otherwise provided by legislative acts or a contract. Losses mean expenses that are incurred or should be incurred by a person whose right has been violated, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of turnover if his right had not been violated (lost profits).
Currently, the Defendants are not fulfilling their obligations (Violation of an obligation is defined as non-fulfillment or improper fulfillment (untimely, with defects in goods and works, in violation of other conditions defined by the content of the obligation) - improper fulfillment of Part 1 of Article 349 of the Civil Code of the Republic of Kazakhstan), which is not permissible according to Article 272 of the Civil Code of the Republic of Kazakhstan. Thus, the Defendants caused real material and moral damage to the Plaintiff and his family. In these circumstances, we require the Defendant to return the funds in the amount of 9 500 000 tenge. The plaintiff did not suspect that when buying a car from the defendant, the defendant would turn out to be a Fraudster who not only caused real material damage to the plaintiff, but also to many other citizens.
Statement of Claim for recovery of the amount under the agreement
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