Objection to the Appeal motion of the Prosecutor's Office on compulsory alienation
To the Appeals Board for Civil Cases of the Almaty
Almaty City Court, 050000 Kazybek Bi street, 66. 0201@sud.kz
from a Russian citizen: ....... IIN ........ Almaty, Nauryzbaysky
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
feedback
to the appeal petition of the Prosecutor's Office of the Nauryzbay district on
the decision of the Nauryzbay District Court of Almaty dated December 19, 20... on December 19, 20... the Nauryzbay District Court of Almaty, consisting 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 in open court the civil case No. 7585-19-00-2/4671 on the claim of the Akimat of Almaty (Hereinafter the Plaintiff) to .......... (Hereinafter referred to as the Defendants)
About: 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 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, MD..........., 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. To 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 Nauryzbay District Prosecutor's Office (hereinafter referred to as the Prosecutor's Office) filed an Appeal.
The prosecutor's office motivates its petition as follows: The expert's opinion on this case is excessively high, unreliable and contrary to the interests of the buyer represented by the state. The Prosecutor's Office does not agree with the decision regarding the determination of the price for the land plot, considers it unreasonable and illegal in this part on the following grounds. The expert's report cannot be taken into account, since the expert, when using the comparative method, incorrectly took as a basis objects with technical characteristics superior to the evaluated object as analogues.
In such circumstances, we believe that the court violated the norms of substantive law during the consideration of this case, incorrectly determined and clarified the range of circumstances relevant to the case, the conclusions of the court set out in the decision do not correspond to the circumstances of the case, which, in accordance with art.427 CPC RK, is the basis for changing this decision. And accordingly, he asks the Board to change the Decision of the Nauryzbay District Court of Almaty dated December 19, 2019, to appoint an additional expert examination to determine the price for the forcibly alienated property for state needs.
Objection to the Appeal motion of the Prosecutor's Office on compulsory alienation
Dear Board of Appeal of the Almaty City Court, we believe that the above-mentioned arguments of the prosecutor are objectively unsupported, as well as unjustified and unsound. In this regard, we submitted to the RCD of Almaty an alternative report on the valuation of real estate for No. 85/2019 dated June 07, 2019, carried out by the Valuation Institute LLP, which determined the market value of real estate in the amount of 253,152,822 tenge, we consider it reliable and fair, the market value indicated in it corresponds to the real value. alienated real estate.
We also sent a corresponding request to the NGO "Kazakhstan Federation of Real Estate", which is reputable not only in the Republic of Kazakhstan but also internationally in the field of sale and valuation of real estate for marketing analysis by specialists of the NGO Kazakhstan Federation of Real Estate (CFN). To which we received a reasoned response from the CFN as follows: "To your request dated 06.06.2019. The specialists of the Kazakhstan Federation of Real Estate (CFN) conducted a marketing analysis to date in the sector of individual residential buildings in the Nauryzbai district of the southern capital in the sector of cottage towns. As a result of the study, it was found that the average offer price for the purchase and sale of residential buildings with a total area of 250-340 sq.m., the size of a land plot of 7-15 acres, with outbuildings, is 744 900,00 - 955 000,00 tenge per 1 sq.m. Exchange rate (NBK) on 06/20/2019 $1 = 382.38 tenge.
Total Average cost per 1 sq.m. = ($ 2 208+$ 2 574+$ 3 782+$ 2 452+$ 2421+$ 2 199)16-% 2 706 = rounded up 1,033,692.00 tenge". (For more information, see the report of the NGO CFN). Whereas the appraisal company "Valuation Institute" LLP, which determines the market value of the alienated property in the amount of 253,152,822 tenge, determines the average cost per 1 sq.m. in the amount of 750,899 tenge, which logically corresponds to the average cost of the alienated property. And also at the court session, at the request of the parties, a forensic commodity examination was appointed. According to expert opinion No. 6325 dated 11/27/2019. The Institute of Forensic Examination of Almaty, Ministry of Justice of the Republic of Kazakhstan, the market value of a land plot with a total area of 0.0769hectares, cadastral No. 20-322-006-634 and a residential building with a total area of 339.5 sq.m. located at the address: Almaty, Nauryzbay district, mkr...., 2, sq.1, at the time of the study It amounts to 196,284,728 tenge.
We would also like to inform the court that the above-mentioned real estate is divided into two apartments, No. 1 belonging to the Defendant and No... where the owner of the apartment is gr. ........... A similar civil case for No. 7585-19-00-2/5008 on the compulsory alienation of land and other immovable property for state needs was also filed in the last mentioned apartment No. 2, where the Almaty Akimat was also the plaintiff and the defendant was the city of Almaty.............. According to this civil procedure, the Akimat of Almaty provided a report on the assessment of real estate located at: Almaty, mkr, ......, 2, sq.2 compiled by Capital Assessment Group LLP, where the market value of the seized real estate is 116,909,447 tenge. The defendant's side disagreed with the proposed amount of compensation (............) provided assessment report No.... dated 06/10/2019, compiled by the Institute of Valuation LLP, where the market value of the property is 228,734,302 tenge.
Since there are disagreements in the valuation documents provided by the parties, the court ordered a forensic examination of the case. According to the conclusion of the ISE expert in Almaty, the value of real estate located at the address: Almaty, mkr,....., 2, sq.2 amounted to 210,238,771 tenge. Consequently, when determining the price for the purchased real estate, the court approved in its decision dated 28.01.2020 the conclusion of the ISE expert in Almaty, where the market value of the real estate amounted to 210,238,771 tenge. Objection to the Appeal petition of the Prosecutor's Office, respectively, and in our civil case, Judge Tulepbergenov S.A., decided where the value for the purchased real estate located at the address: Almaty, Nauryzbay district, MKR.............., d.2, sq.1 is determined by the conclusion of the IP expertE in Almaty, the market value of real estate amounted to KZT 196,284,728. Proceeding from this, we consider that the requirements of the Prosecutor's office of the Nauryzbay district of It is not advisable to appoint an additional expert examination to determine the price of the property being forcibly disposed of, and we assume that there is no need to appoint an additional expert examination.
Based on the above and in accordance with Chapters 52, 53 of the CPC RK, the objection to the Appeal motion of the Prosecutor's Office
I ask the Court:
Appeal petition of the Nauryzbay district Prosecutor's Office against the Decision of the Nauryzbay District Court of Almaty dated 12/19/2019 in a civil case №........... – leave without satisfaction.
The decision of the Nauryzbay District Court of Almaty dated December 19, 2019 in the civil case No. 7585-19-00-2/4671 on the claim of the Akimat of Almaty to ............. - leave it unchanged;
Sincerely, General Director of Law Company Law and Law LLP ___________/Sarzhanov G.T. "___" __________ 2020 G.
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