Statement of Claim for release of property from seizure

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To the Auezovsky district Court No. 2 of Almaty  

Almaty, Auezovsky district, Kuanyshbayeva St. No. 44 A 727-3260@sud.kz

Plaintiff: A.A.B. IIN.. Almaty region, Karasai district, village. Zh. st. N..., 53.s

Proxy representative: Law and Law Law Company LLP BIN 190240029071

79 Abylai Khan Ave., office 304, Almaty. info@zakonpravo.kz / www.zakonpravo .kz

+ 7 727 978 50 85; +7 700 978 50 85. Defendants: Eurasian Bank JSC

BIN 950240000112 Almaty, Medeu district, Kunaeva str., 56

A.T.Zh. IIN .... contained in the institutions of AK 159/18 K... region, P.K... (72131) ..... .....

 

Statement of claim

on the release of property from arrest

          A.B. (hereinafter referred to as the Plaintiff) privately owned a share in real estate in the form of an apartment located at 73 kv 183, ul., Almaty (cadastral number 20-312-031-020-1-183) according to the privatization agreement No. 1742.73.183 dated 05/16/2003. The owner of a half share in this apartment was ATZH, born on 03/20/1961. However, A.A.B. and A.T.Zh. has no family ties. On April 07, 2014, the judge of the Auezovsky District Court No. 2 Almaty I.E.L., having considered the civil case No. 2-2551-14, the application of Eurasian Bank JSC for securing the claim, the Judge determined that the application of Eurasian Bank JSC for securing the claim should be satisfied. To seize the property belonging to the defendant, Tas Bulak LLP, Tas Bulak Mountain Hotel Branch 1 LLP, Tus Bulak Mountain Hotel Branch 2 LLP, Buchuchet – NAP Branch No. 1 LLP, Buchuchet – NAP Branch No. 2 LLP, Buchuchet – NAP Branch No.3", LLP "Buchuchet – NAP branch No. 4", LLP "Buchuchet – NAP branch No. 5", LLP "Buchuchet – NAP branch No. 6", LLP "Buchuchet – NAP branch No. 9", LLP "Buchuchet – NAP branch No. 10", LLP "Buchuchet – NAP branch No.11", Bukhuchet – NAP LLP, department No. 12, A.Zh.K., A. That is, wherever it is located and in whatever form it is expressed, within the stated amount of claim in the amount of 27,815,684.41 tenge.

Statement of Claim for release of property from seizure

As part of securing this claim, CHSI Nurgozhina A.U. seized real estate in an apartment located at the address: Almaty, Utegen Batyr str., no. kv 183. On 05/29/2020, as part of the enforcement proceedings, CHSI Nurgozhina A.U. sold this property at electronic auctions.

As a result of electronic bidding, the winner of the auction was A.A.B. on 06/01/2020, A.A.B. acquired a half share in this property from CHSI H.S.A. according to the contract of sale of the seized property. Currently, A.A.B. is considered the full-fledged owner of this apartment, that is, he has the entire share of the apartment. 160 of the Civil Procedure Code of the Republic of Kazakhstan, where the enforcement of a claim may be revoked by the same court at the request of a person participating in the case, the parties to the arbitration proceedings, or on their own initiative. The issue of cancellation of the security measure for the claim is resolved by the judge no later than five working days with notification of the persons participating in the case about the time and place of consideration of the application, however, their non-appearance does not prevent consideration of the matter on its merits. 264 of the Civil Code of the Republic of Kazakhstan, the owner has the right to demand the elimination of any violations of his right, even if these violations were not connected with the deprivation of possession. By virtue of art . 31 of the Civil Procedure Code of the Republic of Kazakhstan, claims for rights to land plots, buildings, premises, structures, and other objects firmly connected with land (immovable property), for the release of immovable property from seizure, for foreclosure on mortgaged immovable property, for termination or invalidation of a pledge agreement for immovable property are filed at the location of these objects. Based on the above and guided by Articles 148, 160 of the Civil Procedure Code of the Republic of Kazakhstan,

I ASK THE COURT:

Release the arrest from the property, real estate apartment located at the address: Almaty, ul. U.B.., 73 kv 183, cadastral number 20-312-031-020-1-183 belonging to A.A.B..

Sincerely, Proxy Representative __________/ Nurlanov N.N.. "___" _____________2021 the year. 

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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