A CLAIM for the recovery of property from someone else's illegal possession and for moving into the plaintiff's living quarters and for the eviction of the defendants
Alatau District Court of Almaty
Almaty, Zhankozha Batyr str., 26/1.
8 (727)333-14-04
Plaintiff: O.Z.
IIN .
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 78 58; +7 708 971 78 58.
Defendant: A.K.
Almaty, Alatau district, md. Accord, house 48, sq. 9.
+7 7
THE CLAIM
on the recovery of property from someone else's illegal possession and on moving into the plaintiff's living quarters and on the eviction of the defendants
On August 3, 2023, an agreement for the purchase and sale of an apartment was signed between SHEKERBANK TURK ANONYMOUS SHIRKETI JSC and O.Z., located at the address: Almaty, Alatau district, mkr. A., house 48, sq. 9.
The specified agreement is the basis for the registration of O.Z. (hereinafter referred to as the Plaintiff) ownership of the property received by him in the state authorities. On the basis of the apartment purchase and sale agreement, ownership of the property passed to the Plaintiff.
From the moment of registration of this agreement, Abiyr Karlygash Yegenbaikyzy, who illegally resides in the above apartment (hereinafter referred to as the Defendant), does not give you the opportunity to move into the apartment.
In accordance with Article 18 of the Law of the Republic of Kazakhstan "On Housing Relations" (hereinafter referred to as the Law), the owner of a dwelling has the right to freely own, use and dispose of it at his discretion. The right of ownership is a legally secured opportunity to exercise actual ownership of property.
In accordance with Article 188 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code of the Republic of Kazakhstan), the right of ownership is the right of a subject recognized and protected by legislative acts to own, use and dispose of his property at his discretion. The owner has the right to own, use and dispose of his property. The right of ownership is a legally secured opportunity to exercise actual ownership of property.
According to paragraph 3 of Article 29 of the Law, upon termination of ownership of a dwelling, the owner and all persons living in the withdrawn dwelling are subject to eviction without providing other housing. Article 260 of the Civil Code of the Republic of Kazakhstan stipulates that the owner has the right to claim his property from someone else's illegal possession.
By virtue of Articles 260 of the Civil Code of the Republic of Kazakhstan and Art. 264 of the Civil Code of the Republic of Kazakhstan, the owner has the right to claim his property from someone else's illegal possession. 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.
On August 9, 2023, based on the above, we purposely transferred the eviction request to the Defendant, where they demanded that the apartment be vacated by September 1, 2023 and warned of the right to file a lawsuit or for forced eviction. They also warned about the Plaintiff's right to collect rent for actual illegal residence in the amount of 300,000 tenge per month. However, the Defendant indicated at the meeting that she was familiar with the claim and did not agree with the plaintiff's claim.
According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC of the Republic of Kazakhstan), where, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of expenses incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices.
In accordance with the provisions of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated 07/16/2007 No. 5 "On certain issues of dispute resolution related to the protection of ownership of a dwelling", if a dwelling is in illegal actual possession of another person, the owner has the right to file a claim for reclaiming the dwelling from someone else's illegal possession.
According to Article 109 of the Civil Procedure Code of the Republic of Kazakhstan, the party in whose favor the decision was made, the court awards, on the other hand, all court costs incurred in the case.
Based on the above and guided by Articles 260 of the Civil Code of the Republic of Kazakhstan and Article 264 of the Civil Code of the Republic of Kazakhstan,
I ask the Court:
To evict the defendant A.K.E., with all the living persons from the residential premises located at the address: Almaty, mkr. A., house., sq. 9. without providing other housing;
To collect from A.K.E. in favor of O.Z. the amount of expenses for the representative's assistance in the amount of 400,000 (four hundred thousand) tenge;
To collect from A.K.E. in favor of O. Z. the amount of expenses for the payment of state duty in the amount of 1,725 (one thousand seven hundred and twenty-five) tenge.
With respect,
Representative by proxy: Kenesbek I.M.
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