ATHENS JUSTICE COURT
VOLUNTARY JURISDICTION DEPARTMENT
Decision number
207/2018
THE ATHENS JUSTICE COURT
Formed by the Athens Magistrate's Court D. A., appointed by the President of the Three-Member Administrative Council of the Athens Magistrate's Court and the Secretary A. K..
He/She sat down. publicly in its hearing on December 6, 2016 to try the case between:
The applicant, a resident of Athens, Attica, who appeared with his attorney-in-fact Saint Zervea, who submitted written proposals.
The creditors participating in the trial, which became parties after their legal summons (articles 5 of Law 3869/2010 and 748 par. 2 of the Code of Civil Procedure), namely the Société Anonyme de Banque with the name "NATIONAL BANK OF GREECE S.A.", headquartered in Athens and legally represented, which was represented by the power of attorney of Ch. A., who submitted written proposals.
From an assessment of the applicant's in-person testimony, which was legally examined in the hearing of this Court and which is included in the minutes of the public session, which are the same as these, from all the legally submitted and invoked by the parties, public and private documents, from the documents that are simply submitted to the Court without being invoked - admissible, as follows from articles 477 and 759 paragraph 3 of the Code of Civil Procedure (see ref. B, Vathrakokoilis, op. cit., art. 5, A.P. 174/1987, Hellenic 29,129), as well as from the lessons of common experience that are taken into account ex officio, the following facts are fully proven, in the opinion of this Court: The applicant, who resides in Athens, is married and the father of two minor children. At the time of filing and discussion of the application under consideration, both he and his wife were still employed only occasionally, resulting in their annual family income amounting to approximately 2,200 euros per year. As is apparent from the submitted income tax returns and the tax clearance notes of the competent Tax Office, the party's income in recent years has suffered a significant reduction as a result of the broader economic situation that particularly affected the private sector, where the applicant was employed, and led to a surge in the existing unemployment rate. Furthermore, the applicant's real estate consists of a real right of ownership over an apartment of 73.15 sq.m., built in 1970, located in Athens, with an objective value of 40,554.36 euros. This property is used as the main residence of the party and his family. In addition, the party is deprived of any other real estate asset, while he has ownership of the cars described in the application. Furthermore, from loans received in a time prior to the year of filing the application in question, the applicant has the following debts to the creditors participating in the trial: To the National Debt from two loan agreements for a total amount of 61,646.76 euros. Taking into account all of the above and in particular the amount of the applicant's debts, in relation to his income, as it has now been determined, and taking into account the living expenses of the party and his family members (to cover the expenses, the amount of 700.00 euros per month is required), it follows that the applicant, while in the past he had the possibility of servicing his debts normally, has already been unable to monitor the maturity of his debts since 2011 and is unable to proceed with their relatively immediate satisfaction. Therefore, he has become unable to pay his overdue financial debts through no fault of his own, since this has not been proven, and this inability is considered to be of a permanent and general nature, due to the broader economic situation that has brought about an increase in the existing unemployment rate and a sharp decrease in the salaries and pensions paid. Under the above-exposed personal and financial circumstances, it is considered that the applicant meets the conditions for his subordination to the provisions of Law 3869/2010 and in particular to those of Articles 8, paragraph 5 and 9, paragraph 2, as replaced by Law 4161/2013, due to the time of filing of the application under consideration. Thus, the settlement of his debts will be made in accordance with article 8, paragraph 5, of law 3869/2010, with the definition of zero monthly payments to the defendants from his income for three years, which will begin from the first month following the publication of this decision, in view of the fact that the party in question is in exceptional circumstances that justify exemption from payments, namely the insufficiency of their income to cover their living expenses.
FOR THESE REASONS
JUDGES contradiction of the parties.
ACCEPTED partially the application, REJECTING what was deemed to be inadmissible.
REGULATES the applicant's debts by determining zero monthly payments to the defendant creditor, for a period of three years, starting from the first day of the month following the publication of this.
EXCEPT from the sale of the applicant's main residence.
ENFORCES to the applicant the obligation to pay to the defendant for the rescue of his aforementioned residence the total amount of 32,443.50 euros, with monthly payments of 135.18 euros per month for 240 months (20 years x 12 months). The payment of these monthly installments will begin three (03) years after the publication of this decision and will be made within the first five days of each month, without compounding, at the average interest rate of a housing loan with a floating interest rate that will apply 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 in an extraordinary public meeting in his audience in Athens.
THE SECRETARY OF THE JUSTICE
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