Objection to the appeal of the Akimat against the court's decision on compulsory alienation for state needs
To the Board of Appeal for Civil Cases
Almaty City Court of Almaty,
050000 Kazybek Bi Street, 66. 0201@sud.kz
from a Russian citizen: ............. IIN ................ city of Almaty,
Nauryzbay district, 050006, microdistrict .........., D....., apartment 1.
Proxy representative: Law Firm LLP
Law and Law" BIN 190240029071 Almaty, Abylai Khan str., 79, office 304,
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758
OBJECTION
on the appeal of the Akimat of Almaty on
The decision of the Nauryzbay district Court of Almaty dated December 19, 20...
On December 19, 20..., the Nauryzbay District Court of Almaty, composed of the presiding judge Tulepbergenov S.A., with the participation of the plaintiff's representative, the representative of the defendants Sarzhanov G.T., having considered the civil case in open court №.............. according to the claim of the Akimat of Almaty (Hereinafter referred to as the Plaintiff) to ............. (Hereinafter referred to as the Defendants) On: 1) compulsory alienation of a land plot for state needs; 2) Determination of the amount of compensation for a land plot forcibly alienated for state needs; 3) Compulsory termination of ownership; 4) Eviction of the Defendants from a land plot with an area of 0.0769 ha and a residential building with an area of 339.5 sq.m. located at the address: Almaty, Nauryzbay district, mkr......., 2, sq.1, owned by ..................... Having examined the case materials, having heard the explanations of the parties, in their entirety, having determined the range of circumstances relevant for the proper resolution of the case, the Court decided to partially satisfy the Claim of the Akimat of Almaty. Determine the amount of compensation for a land plot with an area of 0.0769 ha and a residential building with an area of 339.5 sq.m. located at the address: Almaty, Nauryzbay district, md............, D.2, sq.1 cadastral number . .............., in the amount of KZT 196,284,728 for subsequent payment ............. Disagreeing with the court's decision, the Plaintiff filed an appeal with the arguments indicated in the complaint. The plaintiff motivates his complaint as follows: By a court decision, the Akimat of Almaty does not agree with the determination of the price for the land plot, considers it unreasonable and illegal in this part on the following grounds. The plaintiff provided a report on the valuation of real estate by an independent appraiser, Capital Assessment Group LLP, dated 04/17/2019. The market value of the seized property is 109,252,714 tenge (including: 23,747,800 tenge – the market value of the land plot; 85,504,914 tenge – the market value of an apartment building). The defendant submitted to the court the assessment report of the Evaluation Institute LLP dated 06/07/2019. with a clearly overestimated market value of this seized object at 253,152,822 tenge. The court, without any justification, why the court could not take into account the assessment report submitted by the Plaintiff to Capital Assessment Group LLP dated 17.04.2019 in the amount of 109,252,714 tenge, and also did not involve an independent appraiser as a specialist to compile an assessment report on the object, but appointed to determine the market value of the seized object. forensic commodity expertise, the production of which was entrusted to the experts of the Institute of Forensic Expertise in Almaty of the Ministry of Justice of the Republic of Kazakhstan. The expert opinion No. 6325 provided by the forensic examination dated 11/27/2019 determined the market value of the seized land and residential building clearly in an overestimated amount of KZT 196,284,728, as we believe that incorrect analogues were used for comparison, which led to an excess over the market value. We believe that the court unreasonably used the expert opinion of the Institute of Forensic Expertise in Almaty of the Ministry of Justice of the Republic of Kazakhstan with an overestimated amount of KZT 196,284,728 for the land plot and house to determine the amount of compensation to the defendants for the seized real estate. And accordingly, he asks the Board to change the Decision of the Nauryzbay District Court of Almaty dated December 19, 2019, canceling the determination of the price for the purchased land and house in the amount of 196,284,728 tenge. Monetary compensation for the Defendants is to be determined in the amount of 109,252,714 tenge. Dear Board of Appeal of the Almaty City Court, we believe that the assessment report provided by the Plaintiff No. F19–0120/ALM-32 dated April 17, 2019, compiled by Capital Assessment Group LLP, where the market value of real estate owned by gr. S.A. Usacheva, in the form of: an apartment building, made up in the amount of 109,252,714 tenge, we do not agree, since the market value of the property indicated in the report No. F19-0120/ALM-32 dated April 17, 2019, was incorrectly and unreliably determined by the valuation companies, as well as unfairly underestimated, since each house The location in this area is individual and requires a detailed approach.
Objection to the appeal of the Akimat against the court's decision on compulsory alienation for state needs
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