Documents in civil proceedings have probative value only under condition of their appropriate registration.
Missed period of limitation claim, in the absence of a valid reason – unconditional basis, if the allegation by the defendant in denial of the claims.
In 2018 to me, the lawyer on housing Affairs, to represent its interests, was approached by C-ka L.. For OOO "open space", represented by the bankruptcy Trustee, had filed claims on the devotion of cost of apartments built in connection with the increase in their total area.
In 2007-2008, the Trustee and the LLC "open space" has concluded contracts of purchase and sale of apartments in newly built residential complex. Contract no EVA-217 dated 30.01.2008 of the year for the apartment estimated area of 125 sq. m., worth 650,000 US dollars. Contract no EVA-53 dated 19.07.2007 year for the apartment estimated area of 116 sq. m., $ 15 691 320 RUB.
The actual total area of the apartment under the contract number EVA-217 exceeded estimated at 1.9 sq. m. and under contract # vkd-53 0.8 sq m. In this connection the claimant asked to collect from L. 9 880 USD 108 and 216 rubles.
In preparation for the process, me – an experienced lawyer on housing Affairs, identified the following significant circumstances. Information about the measurements of the apartment under the contract number EVA-217 has no evidentiary value, because of its content it is not clear what evidence she compiled.
According to the materials of the case is established that the technical documentation BTI on the results of the measurements of these apartments is composed 28.05.2012 year. From that day began the period of limitation. By the time of going to court – 29.12.2017 year, he expired. Any valid reasons for missing the term of limitation is not available.
These circumstances were outlined in the written objections to the claim and confirmed during the trial. Judge my arguments agreed.
13 July 2018 of the Tver district court of Moscow examined the case No. 02-2784/2018, in satisfaction of the claim of OOO "open space" to my doveritelnyi – L., refused.
Consideration of cases concerning residential premises, has its own specifics. In the event of disputes in this area contact the experienced attorneys and lawyers for housing Affairs.