Statement of claim to the court for the release of property from arrest
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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: ....... Assel Bulatovna IIN ...... Almaty region,
Karasai district, S.Zhandosova St. .........., 53.s.d.
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.
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 St., 56 Akuov Talgat Zhaudovich IIN 610320300641
contained in the facilities of AK 159/18 Karagandinsk region,
P.Karabas (72131) 4-56-90, 4-54-17, 4-54-92
Statement of claim
on the release of property from arrest
Privately owned ........ Assel Bulatovna (hereinafter referred to as the Plaintiff) had a share in real estate in the form of an apartment located at 73 kv 183 Utegen Batyr Street, 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 Akuov Talgat Zhaudovich, born on 03/20/1961. However, Amanova A.B. and Akuov T.J. have no family ties.
Statement of claim to the court for the release of property from arrest
On April 07, 2014, Judge of the Auezovsky District Court No. 2 in Almaty, Isaeva 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 LLP – NAP department No. 12", to Akuov Zhanat Kairatovich, Akuov Talgat Zhaudovich, 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. As part of securing this claim, CHSI Nurgozhina A.U. seized an apartment located at the address: Almaty, Utegen Batyr str., 73 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.B. on 06/01/2020 ....... A.B. She acquired a half-share in this property from CHSI Khibatov S.A. according to the contract of sale of the seized property. Currently ....... 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.
Statement of claim to the court for the release of property from arrest
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. 31 of the Civil Procedure Code of the Republic of Kazakhstan, claims for rights to land, 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 the pledge agreement of immovable property are filed at the location these objects. Based on the above and guided by Articles 148, 160 of the CPC RK, I ASK THE COURT:
Release the arrest from the property, real estate apartment located at: Almaty, Utegen Batyr str., 73 kv 183, cadastral number 20-312-031-020-1-183 belonging to Amanova Assel Bulatovna.
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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