Decision Number
16/2014
THE MARATHON JUSTICE COURT
Composed of Justice of the Peace M. K. and Secretary S. G.
It sat in public in its audience, on __ February 2014, to try the following case:
OF THE APPLICANT: K. M., resident of Kapandriti, Attica (__ street), who appeared with her attorney Saint Zervea.
OF THE PARTICIPANT - IN THE CREDIT TRIAL, which became a party after the legal summons of (art. 5 par. 1 of Law 3869/2010 and 748 par. 2 of the Code of Civil Procedure), a Banking Company with the name "NATIONAL BANK OF GREECE S.A.", headquartered in Athens (86 Aiolou Street), legally represented, who was represented by the power of attorney of A. M.
The applicant requests that her application, dated _.09.2012 and with the filing report number __/24.09.2012, be accepted, which was filed with the Secretariat of this Court, was determined for the above hearing and was registered on the register.
During the discussion of the case, the attorneys representing the parties orally presented their claims and requested that what was stated in the minutes and in their written submissions be accepted.
AFTER STUDYING THE FILE
THOUGHT IN ACCORDANCE WITH THE LAW
With her application under consideration, the applicant, citing lack of bankruptcy capacity and permanent inability to pay her overdue debts to the creditor bank as detailed in her application, requests, after taking into account her income, property and family situation, that her debts be settled in accordance with the submitted settlement plan, otherwise in accordance with Law 3869/2010, with the aim of partially relieving her of them and exempting her main residence from the sale. With this content and request, the application under consideration is admissibly and competently brought for discussion …
From the in-person examination of the applicant, which is contained in the minutes of the same number as this one, from the documents legally submitted by the parties upon request, from what they themselves expressly or indirectly agree to (art. 261 of the Code of Civil Procedure), from the lessons of common experience taken into account by the Court and without proof (art. 336 par. 4 of the Code of Civil Procedure) and from the entire procedure in general, the following facts were proven: The applicant, lacking bankruptcy capacity, born in 1964, divorced since 1984, when her daughter was born, was employed until April 2010, when she was dismissed, as a private employee in a legal entity with an average net monthly income from her work of 1,100 euros. From the 13.05.2010 and since then she has been registered in the OAED Unemployed Register (see ref. from 7 12.2011 and 26.03.2012 certificates of affiliation to the long-term unemployed program and copies of OAED Identity Cards). Since then, she has suffered a rapid reduction in her monthly earnings, showing an annual declared income for the fiscal year 2009 of €13,160.60, for the year 2010 of €13,925.38, for the year 2011 of €5,854.56, while for the fiscal years 2012-2013 her income was zero (as shown by the corresponding settlement notes).
The applicant has the right to the usufruct of an unfinished two-story building-maisonette (see code 99- Special conditions in the 2013 F.A.P. note), on __ street at __ location in Kapandriti, Attica, with a total area of 180.82 sq m including a basement of 114.69 sq m, based on building permit no. 1078/2002, which is located on a plot of land of 229.71 sq m, and the objective value of her right amounts to €25,536.12 (see the 2013 F.A.P. Settlement Note as well as the 20751/11.10.2001 contract for the parental provision of real estate in the sole ownership of the Notary Marathonos A. I. O. and the titles of ownership of the above property described therein), and which property constitutes her main residence, in the sustainably designed basement of which she resides with her daughter, given that the rest of the building is not completed. She also owns in full ownership a SEAT passenger car, model Ibiza, first circulation year 2005, 1198 cc, the commercial value of which is estimated at around 2,500 euros and ownership in a percentage of 70% of a VOLKSWAGEN passenger car, type Polo, first circulation year 2002, 1390 cc, the commercial value of which is estimated at around 2,000 euros, of which, as the applicant states, one is idle due to the inability to cover its maintenance costs ...
Specifically, as no evidence was provided by the creditor regarding the amount of the applicant's debts, at the time the application was notified to them and according to the detailed statement of debts dated 7.05.2012, the applicant owes the creditor under the name "NATIONAL BANK OF GREECE" 1) for the mortgage loan agreement number 4210127256, as a co-debtor with her daughter, the amount of 48,288.35 euros (principal + interest), 2) for the mortgage loan agreement number 4210840777, as a co-debtor with her daughter, the amount of 35,003.27 euros (principal + interest), 3) for the mortgage loan agreement number 4215058384 credit, as a co-debtor with her daughter, the amount of 14,417.76 euros (principal + interest), 4) for the consumer loan agreement number 4214062574 the amount of 2,010.94 euros (principal + interest), 5) for the consumer credit agreement number 4214062582 the amount of 150.82 euros (principal + interest) and 6) for the consumer credit agreement number 4214162269 the amount of 258.20 euros (principal + interest). The total overdue debts of the applicant amount to 100,129.34 euros. In order to secure claims no. 1, 2 and 3 above, the creditor bank has registered on 5.03.2008 a first mortgage pre-notation up to the amount of 72,960 euros, on 5.03.2008 a second mortgage pre-notation up to the amount of 47,040 euros and on 3.12.2008 a third mortgage pre-notation up to the amount of 18,000 euros - volume 289 a.a. 21 of the relevant books of the Marathon Mortgage, as shown by the encumbrance certificate no. 1724/3/02.05.2012). Furthermore, the applicant resides in the above-described property with her daughter, who worked until 2011 as a freelance psychologist with a fixed monthly income, and is currently unemployed, and who has filed the application under cat. no. __/2013 under art. 4 of law 3869/2010 with the Secretariat of this Court. The applicant's monthly living costs amount, in the opinion of the Court, to the amount of 450 euros, an amount that is considered reasonable as a minimum limit for a decent living for an adult person who has a primary residence, burdened with daily expenses and increased charges for the construction site electricity, which she is forced to use due to the unfinished nature of her home. This amount is covered by the monthly financial and practical assistance (food) of the applicant's retired parents, amounting to approximately 500 euros.
Based on the above income and debts, and in particular from a simple examination of the applicant's declared income during the financial years 2009, 2010, 2011, 2012 and 2013, the gradual reduction in her income, which took place after her dismissal on 30.04.2010, is clearly evident. From the year 2011 …
Therefore, the conditions for her to be subject to the regulation of Law 3869/2010, and specifically to that of Article 8, paragraph 2, as in force, are met, given that the settlement plan was not accepted by the creditors and there are no disputed claims, and the proposed oral statement in the minutes of the defendant's attorney's power of attorney regarding the abusive exercise of a legal application, is vaguely presented as ...
Following the above and rejecting any contrary claim and objection of the creditors, the application under consideration must be accepted as well-founded in substance and the applicant's debts referred to in the application must be regulated, with the aim of exempting her by complying with the terms of the regulation, with the exception of her main residence - right of usufruct - from the sale for the satisfaction of her creditor, as specifically provided for in the operative part. Legal costs in the present proceedings are not awarded in accordance with article 8 par. 6 of Law 3869/2010.
FOR THESE REASONS
JUDGES contradiction of the parties.
ACCEPTED the application.
REGULATES the applicant's debts with equal monthly payments for five years (60 months), amounting to one hundred and twenty (120) euros each, directly to the defendant - creditor bank, which will begin in the second month after the publication of this, distributed proportionately and payable within the first five days of each month.
EXCEPT from the sale of the applicant's main residence, namely the right of usufruct over a two-story building-maisonette, on __ street at __ location in Kapandriti, Attica, with a total area of 180.82 sq.m., located on a plot of land of 229.71 sq.m.
ENFORCES to the applicant, for the salvation of her above-mentioned main residence, the obligation to satisfy in two hundred and forty (240 months = 20 years) equal monthly installments of eighty-five euros and twenty cents (€85.20) each, to the creditor bank, and for whose claims are equipped with real security, and in accordance with the mortgage order of the registration of these notes (arts. 1272 and 1300 of the Civil Code). The payment of the installments, which will be payable by the fifth working day of each month, will begin in the first month after the five-year payments have elapsed and will be made with interest without compounding and at the average interest rate of a floating-rate mortgage loan, which will be in effect at the time of repayment, according to the statistical bulletin of the Bank of Greece, adjusted with the reference interest rate of the Main Refinancing Operations of the European Central Bank.
JUDGED, was decided and published by all the parties and their authorized attorneys, at an extraordinary public meeting, in Kapandriti, on __ March 2014.
THE JUDGE THE SECRETARY
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