about states. registration of a contract of sale of a residential building

[Адвокат]

AT _____________________________________
(name of the arbitral tribunal)

Copy: ________________________________
(name and postal address of the defendant)

Claimant: ________________________________
(information about the plaintiff indicated
in sub. 2 p. 2 Article 125 APC RF)

Defendant: _____________________________
(information about the defendant indicated
in sub. 3 p. 2 Article 125 APC RF)

Cost of Claim _____________________________
(amount in rubles, if the claim is subject to assessment)

STATEMENT OF CLAIM
on state registration
sales contract of a residential building

Between OJSC "Name" (defendant) and LLC "Name" (plaintiff), "__" _________ ____, concluded an agreement N ___ sale and purchase of a residential building ____________ __________________________ (property description), located at: _______.
In a bilateral purchase and sale transaction of a residential building, the seller is Name LLC (the plaintiff), the buyer is OJSC Name (the defendant).
The transaction is executed by the parties. The cost of the house in the amount of ____ ____ rubles was paid by the buyer to the seller, and the transfer of property was carried out according to the act of acceptance and transfer N _ from "__" ______ ____
The legality of concluding a contract of sale by the parties was not disputed.
Subsequently, it turned out that the buyer did not apply to register this transaction with the registering authority, since it had lost interest in it because of its loss. The defendant did not respond to repeated written proposals by the plaintiff to take the necessary measures to register the contract.
Meanwhile, the contract for the sale of a residential building in accordance with Article 558 of the Civil Code of the Russian Federation is subject to mandatory state registration. Since the transaction was completed, and the copyright holder did not take measures for its state registration, its inaction should be considered as evading the state registration of the transaction.
According to paragraph 3 of Art. 165 of the Civil Code of the Russian Federation if a transaction requiring state registration is completed in the proper form, but one of the parties refuses to register it, the court is entitled at the request of the other party to make a decision on the registration of the transaction.
Based on the above, guided by art. 165, 558 of the Civil Code of the Russian Federation, I ask:
make a decision on the registration of the contract of sale of a residential building N __ dated "__" ______ ____, concluded between _________ (name of the plaintiff) and ____________ (name of the defendant).
Information on measures taken by the arbitration court to ensure property interests prior to suing: ___________ _________________________________________________________.
Applications:
1. The contract of sale N _ from "__" _____ ___ g. - on __ p .;
2. Documents confirming the fact of payment by the buyer of the cost of a residential building to the seller - on ___ pages;
3. The act of reception and transmission of a residential building N __ from "__" ______ ___ g. - on ___ pages .;
4. Evidence of the plaintiff taking measures to induce the defendant to register the contract - on ___ p.;
5. Other evidence - on ___ pages .;
6. Documents confirming the sending to the defendant of a copy of the statement of claim and the documents attached to it (postal receipt, notice of delivery of the registered letter), - on __ page;
7. A document confirming the payment of the state duty (payment order, etc.), - on ___ page;
8. A copy of the certificate of state registration - on ___ pages .;
9. The power of attorney or other documents confirming the authority to sign the statement of claim, on ___ p.;
10. Copies of the ruling of the arbitral tribunal on ensuring property interests before filing a claim - on ___ p.

Date of application: "___" ___________ ____
Signature
Print

 

[Матушкин Андрей Николаевич]

Thank!