A claim for invalidation of the transaction and recovery of the amount
To the Bostandyk District Court of Almaty
Plaintiff: G. O. Anatolyevich, born on 05/13/1974, resident
at the address: Russian Federation, Republic of
38 Novaya Street, Biyurgan village, Tukayevsky district, Tatarstan.
The defendants:
1. S. E. Since 08/25/1993, born in: .
residing at: Almaty city, Bostandyk district
A. Street, house no. , apartment no.
2. S. P. K. born on 02/20/1992 in: .
residing at: Almaty city, Bostandyksky
district A. Street, building No. 140, apartment No. 296
The third person:
1. private notary of Almaty city,
Seitzhanova Gulnara Zhusupkhanovna
2. K E P , residing at the address: Russian
Federation, K region, K , ul. May, 41 tel. +7 905
THE CLAIM
(on invalidation of the transaction and recovery of the amount)
In accordance with the purchase and sale agreement dated July 15, 2022 (hereinafter referred to as the agreement). With the consent of S. P. K.'s wife (hereinafter referred to as the defendants), they sold to G. O. Anatolyevich (hereinafter referred to as the plaintiff) a Toyota Land Cruiser 200 car, manufactured in 2016, identification number JTMCV02J504180477, state registration number 752MCZ02 (hereinafter referred to as the car). On July 15, 2022, this agreement was certified by a private notary of Almaty, Gulnara Zhusupkhanovna Seitzhanova, registered in the register for No. 2334.
According to paragraph 2 of the contract, the plaintiff paid the defendants an amount of 24,900,000 tenge, and according to paragraph 4 of the contract, it follows that the issuance of the contract to the plaintiff indicates a full settlement between the parties.
After paying for and receiving the car, the plaintiff went to his home to register the car in the Russian Federation.
On 07/19/2022, during an inspection of the car, the fact of a change in the chassis and engine numbers of the car was revealed in connection with these circumstances, the car was seized from the plaintiff, which is confirmed by the protocol on the seizure of the vehicle dated 07/19/2022.
The fact that the body and engine identification numbers have been changed is confirmed by the expert's report No. 911.
Further, on August 05, 2022, the senior investigator of the OD OP No. 4 "Electrotechnical" Department of the Ministry of Internal Affairs of Russia in Naberezhnye Chelny, a police major, opened a criminal case on the grounds of a crime under Part 1 of Article 326 of the Criminal Code of the Russian Federation, which is confirmed by the resolution on the initiation of criminal proceedings dated August 05, 2022.
Thus, a stolen motor vehicle with a fake body identification number was sold to the plaintiff, respectively, the transaction with the specified motor vehicle is not legal and not valid.
In accordance with paragraph 22 of the chapter.2 "Rules of state registration and accounting of certain types of vehicles by vehicle identification number": "Broken, sawn license plates, vehicles that have not been removed from the wanted list are not subject to registration."
It follows from the above-mentioned rule of law that motor vehicles with a broken identification number (VIN) are not subject to registration, accordingly, any transactions with such vehicles are invalid, since legislation provides for a direct ban on registration of such vehicles.
Registration of a motor vehicle with a broken identification number (VIN) is an illegal introduction of a vehicle into civil traffic.
In accordance with subparagraph 3) paragraph 1 of Article 51 of the Law of the Republic of Kazakhstan "On Road Traffic" prohibits the operation of vehicles in cases where the numbers of components and assemblies installed on the vehicle do not match the data entered in the registration documents for the vehicle, as well as if the components and assemblies installed on the vehicle have hidden, forged and altered numbers.
By virtue of subparagraph 5) of paragraph 1 of Article 72 of the above-mentioned Law, the following basic information belongs to the mandatory vehicle registration data entered into the document on state registration and subject to state registration in the information system of the authorized body: identification number or chassis number (body, frame) assigned by the vehicle manufacturer.
In this situation, the contested transaction is invalid due to the inconsistency of its content with the requirements of the law, since the data of the VIN code and the body code of the car transferred to the plaintiff do not comply with the terms of the contract and the vehicle registration certificate due to forgery.
In accordance with paragraph 1 of Article 158 of the Civil Code of the Republic of Kazakhstan, "A transaction, the content of which does not comply with the requirements of the law, as well as a transaction made with a purpose that knowingly contradicts the principles of law and order, is contested and may be declared invalid by a court."
At the same time, in accordance with paragraph 8 of Article 159 of the Civil Code of the Republic of Kazakhstan, a transaction made as a result of a significant misconception may be declared invalid by a court at the request of a party acting under the influence of a misconception. It is essential to be mistaken about the nature of the transaction, the identity or such qualities of its subject matter that significantly reduce the possibility of its intended use.
In the situation under consideration, the plaintiff was misled regarding the vehicle identification number, as a result of which the vehicle was seized and the plaintiff is unable to use the property acquired under the transaction.
Moreover, according to paragraph 1 of Article 414 of the Civil Code of the Republic of Kazakhstan, when goods are seized from the buyer by third parties for reasons that arose before the execution of the contract, the seller is obliged to reimburse the buyer for the losses incurred by him, unless he proves that the buyer knew or should have known about the existence of these grounds.
In turn, clause 5 of the contract stipulates that the Seller guarantees and bears personal responsibility to the "Buyer" for information about the absence of theft, collateral, dispute, arrest (prohibition) and other encumbrances on the specified car. The "Seller" also confirms that there are no third-party rights in relation to the above-mentioned car.
This was not true, as it subsequently emerged that the specified vehicle had been stolen on the territory of the Russian Federation on 04.07.2017 during the time period from 02:00. At 04 : 00 . Unidentified persons initiated criminal case No. 01-0514-17 in the SU of the Ministry of Internal Affairs of Russia in Kurgan, and initially had VIN: JTMCV02J504181223.
The confirmation that the vehicle purchased by the plaintiff is precisely the vehicle stolen from E.V. Kryakovskaya is the expert opinion No. 911 dated July 27, 2022, according to which the engine identification number is established: "1VD0306031" which coincides with the number of the wanted car stolen from E.V. Kryakovskaya.
Also, according to the conclusion, it was established that the vehicle had other marking plates with the production numbers of the car and, according to the response to the lawyer's request from Tamerlan Motors LLP, the airbag numbers: "J03372715AWN", "RA2K17115P6E", "5B0X90315MIP", "5B0H65915M62", "W035959262Ql", "W035759262QR" correspond to the VIN number of the car. JTMCV02J504181223 stamps "Toyota Land Cruiser 200".
At the same time, it has been reliably established that
429 of the Civil Code of the Republic of Kazakhstan: The seller is responsible for the defects of the goods if the buyer proves that they occurred before its transfer to the buyer or for reasons that arose before that moment.
The seller is responsible for the shortcomings of the goods sold even when he was unaware of them. The agreement to release the seller from liability or to limit it is void.
Based on the above and based on judicial practice in similar cases, PLEASE:
1. To recognize the purchase and sale agreement dated July 15, 2022, for a Toyota Land Cruiser 200 car, manufactured in 2016, identification number JTMCV02J504180477, state registration number 752MCZ02, concluded between S. E. S. with the consent of his wife S. P. Kanatkyzy and G. O. Anatolyevich, certified by a private notary of Almaty, Seitzhanova Gulnara Zhusupkhanovna, registered in the registry for No. 2334 - invalid
2. To bring the parties to the transaction to their original position and collect in solidarity with S. E. Serikuly and S. P. Kanatkyzy in favor of G. O. Anatolyevich the amount of 24,900,000 tenge.
3. To collect from S. E. Serikuli and S. P.Kanatkyzy in solidarity with G. O.Anatolyevich all the legal costs incurred.
Application:
1. Vehicle Purchase and Sale Agreement No. 2334 dated 07/15/2022
2. Consent of S. P. Kanatkyzy No. 2333 dated 07/15/2024 for the sale of a car
3. Resolution on the initiation of a criminal case dated 08/05/2022
4. Expert Opinion No. 911of 07/27/2022
5. Protocol on the withdrawal of the Vehicle dated 07/19/2022
6. Reply from Tamerlane Motors LLP dated 07.09.2023
7. Resolution on the transfer of material evidence to the custody of E.P. Kryakovskaya dated 12/14/2023.
8. Power of Attorney
9. Notification of protection and representation
10. Lawyer's certificate
Lawyer R. A.M.
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