PRE-TRIAL CLAIM UNDER THE LEASE AGREEMENT RK
Head of IP "D M" T D R
Almaty, microdistrict a, house no.,- apartment.
+7 702
From: head of IP "M N" on M M
IIN:
Almaty, ryskulov Street, house.
PRE-TRIAL STATEMENT OF CLAIM
On 01/01/2024, a lease agreement No. 31 was concluded between me and Domillion LLC, where the subject of the agreement was that the partnership provided me with temporary possession and use (lease) of part of the commercial area No. B2-16+B2-16/2 block B2, with a total area of 158 square meters, located on the 2nd floor of the Domillion shopping center.
The above-mentioned relations correspond to articles 151, 581, 582 of the Civil Code of the Republic of Kazakhstan, which stipulates that transactions are concluded orally or in writing (simply or notarized). The lease agreement for a building or commercial site is concluded in writing by drawing up a single document signed by the parties, it is said that non-compliance with the form of the lease agreement for a building or commercial site leads to its cancellation.
Under the aforementioned lease agreement No. 31, since I could not fully fill my commercial area of 158 square meters with goods, I partially occupied the area, namely about 80 square meters, upon your repeated request, request, I gave you the opportunity to temporarily place your goods on my commercial area.
Today, however, I have to use all the rented space that I temporarily own during the rental period in my business activities, but you are perfectly ignoring all my verbal request to vacate my commercial space, without removing your goods from my trading floor.
By your actions, you violate Article 190 of the Criminal Code of the Republic of Kazakhstan (fraud), that is, by stealing someone else's property or acquiring the right to someone else's property through deception or abuse of trust.
At the same time, violation of the obligation is not allowed in accordance with Article 272 of the Civil Code of the Republic of Kazakhstan non-fulfillment or improper performance of the obligation in accordance with article 349 of the Civil Code of the Republic of Kazakhstan contradicts these articles and is not allowed.
Thus, by your actions, you are causing me material damage and I demand the release of my rented commercial space, which I temporarily own during the lease period.
The consequence of your failure to vacate my commercial space is the opinion that your actions are aimed at owning property through deception and abuse of trust, for which criminal liability is provided in accordance with Article 190 of the Criminal Code of the Republic of Kazakhstan.
By December 25 of this year, I intend to voluntarily transfer my property to me. If you do not return my commercial site within the specified period, we exercise the right to apply to the court on this issue. We also send a claim to the court for the recovery of material (damages and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) and the amount of Representative services of a lawyer in the amount of 500,000 tenge. We also send statements of claim to other competent authorities for criminal and Administrative Prosecution.
In accordance with paragraph 1 of Article 113 of the Code of Civil Procedure of the Republic of Kazakhstan, at the request of the party in favor of which the decision was made, it is stated that the court shall recover from the other party in the amount of expenses actually incurred by this party for the payment of assistance of a representative (several representatives) who participated in the
According to the provisions of articles 152 and 279 of the code of Civil Procedure of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, if the plaintiff does not fulfill the pre-trial procedure established by law for cases of this category, the court returns the statement of claim, and the court leaves the statement of claim without consideration, the mandatory procedure for pre-trial settlement of the dispute and the possibility of this procedure has not been lost and observed.
___________ / M N M
"___"_______________2024 year
Head of IP" Dan Mebel " T D R
Almaty, AK microdistrict, house number, apartment 74.
+7 702
From: head of IP" M N " N M M
IIN: 850204400266
Almaty, ryskulov Street, 143.
PRE-TRIAL STATEMENT OF CLAIM
On 01/01/2024, a lease agreement No. 31 was concluded between me and Domillion LLC, where the subject of the agreement was that the partnership provided me with temporary possession and use (lease) of part of the commercial area No. B2-16+B2-16/2 block B2, with a total area of 158 square meters, located on the 2nd floor of the Domillion shopping center.
The above-mentioned relations correspond to articles 151, 581, 582 of the Civil Code of the Republic of Kazakhstan, which stipulates that transactions are concluded orally or in writing (simply or notarized). The lease agreement for a building or commercial site is concluded in writing by drawing up a single document signed by the parties, it is said that non-compliance with the form of the lease agreement for a building or commercial site leads to its cancellation.
Under the aforementioned lease agreement No. 31, since I could not fully fill my commercial area of 158 square meters with goods, I partially occupied the area, namely about 80 square meters, upon your repeated request, request, I gave you the opportunity to temporarily place your goods on my commercial area.
Today, however, I have to use all the rented space that I temporarily own during the rental period in my business activities, but you are perfectly ignoring all my verbal request to vacate my commercial space, without removing your goods from my trading floor.
By your actions, you violate Article 190 of the Criminal Code of the Republic of Kazakhstan (fraud), that is, by stealing someone else's property or acquiring the right to someone else's property through deception or abuse of trust.
At the same time, violation of the obligation is not allowed in accordance with Article 272 of the Civil Code of the Republic of Kazakhstan non-fulfillment or improper performance of the obligation in accordance with article 349 of the Civil Code of the Republic of Kazakhstan contradicts these articles and is not allowed.
Thus, by your actions, you are causing me material damage and I demand the release of my rented commercial space, which I temporarily own during the lease period.
The consequence of your failure to vacate my commercial space is the opinion that your actions are aimed at owning property through deception and abuse of trust, for which criminal liability is provided in accordance with Article 190 of the Criminal Code of the Republic of Kazakhstan.
By December 25 of this year, I intend to voluntarily transfer my property to me. If you do not return my commercial site within the specified period, we exercise the right to apply to the court on this issue. We also send a claim to the court for the recovery of material (damages and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) and the amount of Representative services of a lawyer in the amount of 500,000 tenge. We also send statements of claim to other competent authorities for criminal and Administrative Prosecution.
In accordance with paragraph 1 of Article 113 of the Code of Civil Procedure of the Republic of Kazakhstan, at the request of the party in favor of which the decision was made, it is stated that the court shall recover from the other party in the amount of expenses actually incurred by this party for the payment of assistance of a representative (several representatives) who participated in the
According to the provisions of articles 152 and 279 of the code of Civil Procedure of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, if the plaintiff does not fulfill the pre-trial procedure established by law for cases of this category, the court returns the statement of claim, and the court leaves the statement of claim without consideration, the mandatory procedure for pre-trial settlement of the dispute and the possibility of this procedure has not been lost and observed.
___________ / M N M
"___"_______________2024 year
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