The land of the Petropavlovsky Posad residential complex has been seized.
The Kyiv-Svyatoshinsky District Court of the Kyiv Region has seized 42 land plots in the Borshahiv Village Council in connection with a case involving the refusal to repay a $1,2 million debt. The editorial staff reported this. 368 media This became known from the materials of the criminal case under Part 4 of Article 190 of the Criminal Code.
In June 2018, the applicant lent a trusted friend 31,42 million hryvnias, equivalent to $1,2 million at the time. The borrower was obligated to repay the proceeds by October 27. In the event of default, he agreed to repay the loan, adjusted for inflation, plus 3% per annum on the overdue amount.
The men wrote a receipt documenting their agreement. When signing the receipt, the borrower also indicated that if he failed to repay the loan, he would transfer ownership of all land plots within the district to the applicant.
Due to the borrower's failure to fulfill its obligations, the man filed a lawsuit with the district court on August 28, 2021, requesting that the court collect UAH 51 million from the borrower, including UAH 31,43 million in principal, UAH 11,02 million in penalties, UAH 5,93 million in inflation losses, and 3% per annum interest of UAH 2,67 million. He also requested that the borrower's land plots be recovered from the borrower to pay off the debt.
In court, the man objected to the victim's claims, stating that he had neither lent the money nor issued a receipt for it. Consequently, the victim commissioned forensic examinations and received a number of expert opinions.
After expert opinions were submitted to the court on July 6, 2022, the defendant, in an attempt to avoid collection, entered into a fictitious loan agreement with his grandmother for 1,5 million hryvnias, dated June 7, 2021. According to this agreement, he allegedly agreed to repay the 1,5 million hryvnias by December 31, 2021.
Subsequently, during the period of martial law in Ukraine, he changed his place of registration to Kharkiv and on August 16, 2022, filed a petition with the Commercial Court of Kharkiv Oblast to open insolvency proceedings against him, citing his alleged inability to fulfill his undisputed monetary obligations, the due date of which had reached 1,5 million hryvnias.
On September 9, 2022, a judge of the Kharkiv Regional Commercial Court opened insolvency proceedings, which, among other things, introduced a debt restructuring procedure for the debtor and a moratorium on satisfying creditors' claims.
Based on this, on September 12, 2022, he filed a motion with the Kyiv-Svyatoshinsky District Court of the Kyiv Region to dismiss the case regarding the $1,2 million debt. According to the criminal case materials, the necessary seizure of the property is based on a reasonable suspicion that failure to do so will lead to alienation, alteration, transformation, etc.
On October 12, 2022, the Kyiv-Svyatoshinsky District Court of the Kyiv Region granted the investigators' motion and seized 42 land plots, some of which were designated for multi-family housing construction. It should be noted that the names of the defendants in the case are redacted from the court registry.
At the same time, according to information on the Lun.ua portal, the Petropavlovsky Posad residential complex is being built on the territory of the seized land plots, including plots with cadastral number 3222485901:01:003:0130, the customer for the construction of which is the Kyiv company LLC Company Paradis and LLC Paradis-Stroy.
Rita Nikolaenko, a resident of Makeyevka, is listed as the owner of Paradiz-Stroy LLC. Paradiz Company LLC, in turn, is owned by Makeyevka resident Alexander Tagintsev.
Skelet.Org
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