Savyolovsky District Court of Moscow of the presiding judge, Ivanov AV, when Secretary Musayeva OB, examined in open court a civil case ¹ 0-000/00 the suit of Anna Bender Yurevna to the Closed Joint Stock Company The Golden Mile "(the Company" Golden Mile ") on the recognition of ownership of the apartment
Bender AY appealed to the court against the company "Golden Mile" for recognition of ownership of the apartment, arguing the claim that the 00.00.2008, between it and the company "Golden Mile" had signed a preliminary contract of sale ¹ x/xxx-x, according which the plaintiff bought the defendant's right to be prepared later in the ownership of a 3-room apartment; estimated total area of 222.5 square meters, located on the construction address: Moscow, the central area of the airfield. Frunze (Khodynskoye field), Khoroshevskoe highway, ow. 38a, Section D, floor 1, room on the ground 5. Their treaty obligations regarding payment of the cost of transferable right plaintiff has fully complied with. Currently, the house passed into operation, he was assigned to the postal address: Moscow, etc. birchwood, 12, a postal (militia) address of the apartment has become: the city of Moscow, etc. birchwood, 12, Apt. 000. November 18, 2009 at the request of the plaintiff parties entered into a purchase agreement sale apartment ¹ 0/000. However, ownership of the plaintiff's apartment has so far registered in the prescribed manner. In this regard, Bender AY asks the court to recognize her ownership of your apartment.
In court, the representative plaintiff Stepanov AV claim upheld in full.
Representative of the defendant at trial was not presented to the court to review claims where an address claims not objected and asked to consider the case in absence of the defendant, and therefore, the court issued a ruling on the case in his absence.
Third person rosreestra Office in Moscow, is not asserting a separate claim, the meeting was not the date and time of the hearing duly notified of the reasons for failure to appear the court has not indicated a review of the case is not presented, and therefore, the court determined to be the case in his absence.
Hear explanations representative plaintiff, having examined the case, the court finds the claim to be satisfied for the following reasons.
In accordance with art. 218 Clause 1 of the Civil Code, the ownership of a new thing, made or created by a person for themselves in compliance with the law and other legislation that is acquired by that person.
According to Art. Art. 16 and 17 of the Federal Law "On state registration of rights to immovable property and transactions with it", the registration rights is carried out based on the application of copyright holders, the contracting parties or authorized by him (them) to a person. When evading one of the parties to the contract from state registration, transfer of ownership is recorded on the basis of an enforceable court decision rendered at the request of another party and which is one of the grounds for state registration of the existence, occurrence, termination, transfer, restrictions (encumbrances) of rights to immovable property and transactions with them. "
Court found that the 00.00.2008, between the plaintiff and the defendant had signed a preliminary contract of sale ¹ x/xxx-x, and 18.11.2009, the parties concluded a contract for sale apartments ¹ 0/000, according to which the plaintiff acquired a defendant's right to registration in the property 3-room apartment at the address: Moscow, etc. birchwood, 12, Apt. 000.
Its obligations under the Purchase Agreement regarding payment of transferred rights plaintiff has fully complied with, as evidenced by the Supplemental Agreement ¹ 1 of the Preliminary Agreement dated 06.10.2008, the Additional Agreement to the Preliminary Treaty of 06.10.2008 years, the Act on the partial fulfillment of the Preliminary contract of sale from 18.11.2009 years, the Act for the admission of transfer of flat from 06.10.2008 year, netting agreement from 18.11.2009 year. However, to date, although the house in due course put into operation, the Respondent has not submitted a state registration authorities the legal documents required for state registration of the contract of sale flats. This deprives the plaintiff from registering ownership of the purchased her apartment. Checking the validity of the complaint the plaintiff claims for recognition of her ownership of the apartment, the court takes into account the following circumstances. From the preliminary contract number x/xxx-x on 00.00.2008, the perceived, that the basis for his conclusion is: Moscow Government Resolution ¹ 145-PP of 26.02.2002, "On the integrated development of the territory of the Central airfield. Frunze ( CAO), "Investment contract number FM-5 for the joint implementation of construction from 10.09.2004 years between" Air Park "and OJSC" JSC Moskapstroy "investment contract number FM-5/7 of 03.06.2005, between OAO Kapstroy "and CJSC" Golden Mile ", on which the defendant acquired the rights to the ownership of apartments, which were referred to the defendant the plaintiff on the basis of the preliminary sales contract number x/xxx-x from 00.00. 2008 and the Treaty of purchase and sale of an apartment number 0/000 from 18.11.2009 years. This fact indicates that the plaintiff performed the monetary obligations under the contract of sale, which resulted was to be the acquisition of ownership of the apartment.
Order of the Prefect of the Northern Administrative District of Moscow house was put into operation.
As a result of measurements of BTI area of the apartment was 230.0 meters, and postal (militia) address of the apartment was: the city of Moscow, etc. birch grove, 12, apartment number 000.
Thus, in the case found that the plaintiff has implemented monetary investment in the construction of a house, a house in the prescribed manner put into operation, the apartment is handed over to the plaintiff in use, the validity of the transfer of the plaintiff the rights to acquire ownership of the apartment by any of the persons involved in fact, not challenged. These facts, according to the court, indicate that the plaintiff obtained the right of ownership to the above apartment.
In this situation the court concludes that plaintiff's claim, the recognition of her ownership of the apartment stated justified and be satisfied.
Based on the above, following the article. Art. 194-198 GIC RF, the court
Claims Bender Anna Yurevna meet.
Recognize the Bender Anna Jurevna ownership of the apartment is available at: City of Moscow, etc. birchwood, 12, apartment number 000
Property right shall be registered with the Office of the Federal Service of state registration, inventory and mapping of Moscow.
Decision may be appealed by the parties to the cassation to the Moscow City Court through Savyolovsky District Court of Moscow for 10 days.
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