Petition to the court for the application of the limitation period for invalid transactions
To the district court No. 2 of Almaly district
Judge Bakieva S.A. of Almaty city
267 Tole Bi Street, Almaty city.
8 (727)333-11-60.
727-2872@sud.kz
From the defendants:
S.E.S. born on 08/25/1993. IIN: . resident at:
87 B. Street, Almaty.
S.P.K., born on 02/20/1992, IIN: . residing at:
Almaty city, A. Street, building No. 140, apartment No. 296
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 708 578 5758.
Plaintiff: G.O.A. born on 05/13/1974, residing at:
Russian Federation, Republic of Tatarstan, Tukaevsky .
The petition
on the application of the limitation period for invalid transactions
There is a civil case in your proceedings registered No. 7520-23-00-2/24027 dated 11/28/2023 on the claim of G.O.Anatolyevich (Hereinafter the Plaintiff) against S.El.S., S.P.K. (Hereinafter the Defendant) and with the involvement of third parties, the private notary of Almaty, Seitzhanova Gulnara Zhusupkhanovna and K. Elena Petrovna (Hereinafter referred to as the Notary) on the recognition of the transaction as invalid and the recovery of the amount with the restoration of the party to the transaction to its original position.
Thus, 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 S.P.K.'s wife (hereinafter referred to as the defendants), sold G.O.Anatolyevich (hereinafter referred to as the plaintiff) a 2016 Toyota Land Cruiser car. model number, 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.
Accordingly, between the Plaintiff and the Defendant, in accordance with Articles 151, 152, 154, 155 of the Civil Code of the Republic of Kazakhstan by agreement of the parties, there was a completely written form of the transaction, which was notarized and registered.
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.
- In civil law relations, each party must fulfill its obligations under the contract, and on the part of the defendant, the contractual obligations were fulfilled properly, where, through authorized bodies, the above-mentioned car was removed from the state database for registration of vehicles and then the transit number 6512 MN was assigned and safely crossed the state border of the Republic of Kazakhstan.
Further, the plaintiff claims that 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.
In addition, the Plaintiff claims that the fact of changing the identification numbers of the body and engine is confirmed by the expert opinion No. 911. Further, on the basis of which, 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 No. 12201920069000953 dated August 05, 2022 on the grounds of composition 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.
In accordance with Article 162, paragraph 2, the Civil Code of the Republic of Kazakhstan provides that the limitation period for disputes related to the invalidity of a transaction on the grounds provided for in paragraphs 9 and 10 of Article 159 of this Code is one year from the date of cessation of violence or threats under the influence of which the transaction was made, or from the day when the plaintiff learned or He should have found out about other circumstances that are grounds for declaring the transaction invalid.
According to Article 126, the time limits established by this Code may be restored by the court if they are missed for reasons recognized by the court as valid or if there are other circumstances that prevented the timely filing of a complaint.
An application for restoration of the missed procedural period is submitted to the court in which the procedural action was to be performed, no later than one month from the day when the applicant became aware of the violation of his rights or legitimate interests.
At the same time as submitting an application for reinstatement, a claim for protection of rights must be submitted, and a document confirming the validity of the reasons for missing the deadline must be submitted.
Based on the above, we believe that we correctly calculated that the 1-year limitation period passed on 07/19/2022 from the moment the vehicle was seized in accordance with the protocol on the seizure of the vehicle or in August 2023 from the moment the criminal case was initiated.
Based on the above and in accordance with art. 162 of the Civil Code of the Republic of Kazakhstan,
I ASK THE COURT:
Apply the statute of limitations on the Plaintiff's Claim for invalidation of the transaction and recovery of the amount, bringing the party to the transaction to its original position;
To refuse to satisfy the Plaintiff's Claim for invalidation of the transaction and recovery of the amount with the restoration of the party to the transaction to its original position.;
With respect,
representative by proxy: Sarzhanov G.T.
"___" __________ 2024 the year
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