Isg on invalidation of the transaction and recovery of the amount
To the district court No. 2 of Almaly district of Almaty
Plaintiff: G.O.A. born on 05/13/1974, residing at:
Russian Federation, Republic of Tatarstan, ..
Plaintiff's representative: G.M., born on 08/12/1988, IIN: . residing at:
Shymkent, Pravdy str., 74 Tel.: 8-705-
e-mail:
The defendants:
S.E.S. born on 08.1993. IIN: . resident at:
87 B. Street, Almaty.
S.P.K., born on 02.1992, IIN: . residing at:
Almaty city, A. Street, building No. 140, apartment No. 296
The third person:
private notary of Almaty, Seitzhanova Gulnara Zhusupkhanovna
Kryakovskaya Elena Petrovna, who lives at:
41 Kurgan region, Russian Federation, 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), S.E.S., with the consent of the spouse of S.P.K. (hereinafter referred to as the defendants), sold G.O.A. (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 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 for 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.
Based on the above and based on judicial practice in similar cases, PLEASE:
To recognize the purchase and sale agreement dated July 15, 2022, of 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 the spouse of S.P.K. and G.O.A. certified by a private notary of Almaty, S.Gulnara Zhusupkhanovna, registered in the register for No. 2334 - invalid
To bring the parties to the transaction to their original position and collect in solidarity with S.E.S. and S.P.K. in favor of G.O.A. the amount of 24,900,000 tenge.
To recover in solidarity with S.E.S. and S.P.K. in favor of Oleg Anatolyevich Grydunov all incurred legal costs.
G.M.A.
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