Debate Remarks in court
The debate
Dear court, dear participants in the process, I inform you in the debate that the initially concluded installment purchase and sale agreement between the Defendant and the Bank was terminated unilaterally due to non-fulfillment of contractual obligations on the part of the Defendant. The notice of termination of the contract dated 2021 is available in the case file. Three years later, the defendants did not take any action to recognize the Installment Purchase Agreement as fulfilled.
On August 3, 2023, an apartment purchase and sale agreement was signed between the Bank and the Plaintiff, located at the address: Almaty, Alatau district, mkr. A., house 48, sq. 9.
The specified agreement is the basis for the registration of the Plaintiff's ownership of the property received by him in the state authorities. On the basis of the apartment purchase agreement, ownership of the property passed from the Bank to the Plaintiff.
From the moment of registration of this agreement, the Defendant illegally residing in the above-mentioned apartment is not given the opportunity to move into the apartment.
According to paragraph 3 of Article 29 of the Law of the Republic of Kazakhstan "On Housing Relations", upon termination of ownership of a dwelling, the owner and all persons living in the withdrawn dwelling are subject to eviction without providing other housing.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.
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 for forced eviction. They also warned about the right to claim reimbursement of representative expenses.
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, md., house 48, 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.
Replicas
Dear Court, we believe that the Plaintiff has provided the court with all the evidence confirming ownership of the apartment.
Attention!
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