NUMBER: 578/Φ986+988/2014

 

THE ATHENS JUSTICE COURT

It was formed by the Justice of the Peace of Athens, K. E., who was appointed by the President of the Three-Member Administrative Council of the Justice of the Peace of Athens, in the presence of the Secretary I. G.

It sat in public in its audience, on 21/2/2014, to try the following case between:

A. OF THE APPLICANT: P. K. of S., resident of Galatsi, Attica, street _ no. _, who appeared with his attorney-in-fact Saint Zerveas.

The creditors participating in the trial, who have become parties, after their legal summons (articles 5 of Law 3869/2010 and 748 par. 2 of the Code of Civil Procedure) and are presented as follows:

  1. The Banking Company Anonyme with the name "CITIBANK INTERNATIONAL PLC", headquartered in London and legally established in Greece, as a special successor of "CITIBANK N.A", headquartered in Athens, is legally represented and represented by its attorney-in-fact N.N.,
  2. The Piraeus Bank Limited Liability Company, headquartered in Athens, is legally represented and was represented by the power of attorney of the L.P.
  3. The Banking Company Anonyme with the name EUROBANK ERGASIAS S.A., headquartered in Athens and legally represented, and which was represented by the power of attorney of the I.T.
  4. The Banking Company Anonyme with the name "ALPHA BANK S.A.", headquartered in Athens, is legally represented and represented by the power of attorney of M. M.
  5. The Banking Company Anonyme with the name "NATIONAL BANK OF GREECE S.A.", headquartered in Athens, is legally represented and was represented by the attorney-at-law of I. Ch.
  6. The Banking Company Anonyme with the name "POSTAGE SAVINGS BANK OF GREECE SA", in whose place has been entered The Banking Company Anonyme with the name EUROBANK ERGASIAS BANK S.A., which is headquartered in Athens and legally represented, and which was represented by the power of attorney of I. Th.
  7. The Banking Company Anonyme with the name "HELLENIC POST CREDIT CREDIT PROVISION COMPANY ANONYME", headquartered in Paiania, Attica, is legally represented and was represented by the power of attorney of M. Ch.

The applicant, with the application of the voluntary procedure dated 17-2-2012 and no. cat. __/2013, requested the following. The court referred to at the beginning of this application was designated as the competent court for the discussion of the above application.

B. OF THE APPLICANT: A. K. of Ch., resident of Galatsi, Attica, __ street, represented by her attorney-in-fact Saint Zerveas.

The creditors participating in the trial, who have become parties, after their legal summons (articles 5 of Law 3869/2010 and 748 par. 2 of the Code of Civil Procedure) and are present as follows:

  1. The Banking Company Anonyme with the name "CITIBANK INTERNATIONAL PLC", headquartered in London and legally established in Greece, as a special successor of "CITIBANK N.A", headquartered in Athens, is legally represented and was represented by its attorney-in-fact N. N.
  2. The Piraeus Bank Limited Liability Company, headquartered in Athens, is legally represented and was represented by the power of attorney of the Attorney General.
  3. The Banking Company Anonyme with the name "EUROBANK ERGASIAS S.A.", which is based in Athens and is legally represented, and which was represented by the power of attorney of I. Th.
  4. The Banking Company Anonyme with the name "NATIONAL BANK OF GREECE S.A.", headquartered in Athens, is legally represented and was represented by the attorney-at-law of I. Ch.

The applicant, with the application for voluntary proceedings dated 17-12-2012 and no. cat. __/2013, requested the following. The court of competent jurisdiction for the discussion of the above action was the one mentioned at the beginning of this document.

For the present discussion of the application and after the presentation of the above cases, the Court, having heard what was developed in the hearing,

STUDY THE FILE

THOUGHT IN ACCORDANCE WITH THE LAW

 The applicant spouses, aged 65 and 64 respectively, are IKA pensioners, with a total family monthly income of 2,080 euros, of which 1,366 euros comes from the applicant's pension and the remaining 714 euros from the applicant's pension. The applicants are parents of two adult children, of whom their son, aged 34, is unemployed and lives with them. The applicant has been facing serious health problems since 1992, as he suffers from a serious heart disease and type 2 diabetes. For this reason, he has undergone surgical procedures both at the KORGIALENI HOSPITAL and at the ONASSIO cardiac surgery center, while he is undergoing special medication and continuous medical examinations. The applicant also faces serious health problems, as since 2009 she has undergone a left breast lumpectomy surgery at the ARETAEION UNIVERSITY HOSPITAL, while in 2012 she underwent a right hemiglossectomy and a residual tumor resection in the area at the HENRIKOS DINAN HOSPITAL. The monthly living costs for each of the applicants amount to 800 euros and a total of 1,600 euros and concern their expenses for medical care, food, clothing, heating as well as for the payment of various fees. The applicant is the beneficiary of a 100% usufruct of the apartment with element 1, area 92.50 sq.m., located on the 3rd floor of an apartment building, in Galatsi, Attica, on street _ no._. The applicants use this property as their main residence, and the objective value of the applicant's right thereto amounts to 28,541.70 euros. In addition, the applicant is the owner of a 50% undivided share of a plot of land with a total area of 8,000 sq.m., located in the location of LIVADAKIA, in the community of Dimanteika, Trichonida. Accordingly, the applicant is the owner of 1/4 of an undivided share of a 3,130 sq.m. parcel of land, located at the location of NISI or PALIAMPEAAS, in the Salmoni community of the prefecture of Ilia. She also owns ½ of an undivided share of a car with registration number YHR 1721, a Citroen Xara type, 1,360cc, worth 1,500 euros. Pressing family obligations, unforeseen events in their lives, such as the very serious health problems that both applicants are facing, the reduction in their incomes due to the cuts to their pensions, the need to pay the extraordinary contributions imposed by the state to deal with the crisis, further worsened their financial situation and ultimately made it impossible to service their debts to the defendants. If you are in the market for a super clone, Super Clone Rolex is the place to go! The largest collection of fake Rolex watches online!

The total claims of the applicant's creditors, who are participating in the trial, amount to 117,049.8 euros...

Similarly, the applicant with application number __/2013, currently lacks sufficient income in order to...

In light of the above, after all the defendants' claims and objections have been rejected as essentially unfounded (as no bad faith behavior or fraudulent enrichment of the applicants at the expense of the defendants has been proven), the jointly contested applications should be accepted in part, as well-founded in their substantive aspect, and the applicants' debts referred to in the application should be regulated, as stated in the operative part. Their release from any existing outstanding debt towards the defendants will occur in accordance with the law (article 11 par. 1 of Law 3869/2010) after the proper execution of the obligations imposed on them by this decision. No legal costs are awarded in accordance with article 8 par. 6 of Law 3869/2010.

FOR THESE REASONS

He/She is co-claiming the applications with numbers __ and __ /2013.

Judging on the application number __/2013, the parties' disagreement.

Accepts partially the application.

Determines the applicant's monthly payments to the defendants for a period of 5 years, in the amount of three hundred (300) euros. This amount will be paid within the first three days of each month, starting from the first month after the publication of this decision.

Excludes from the sale, the right of usufruct at a rate of 100% on the described urban property, which he uses as his main residence and specifically the one (1) apartment, with an area of 92.50 sq.m., located on the 3rd floor of an apartment building, in Galatsi, Attica, at 16 Dryadon Street.

Determines the total amount payable by the applicant, for the immediately above reason, in twenty-two thousand eight hundred thirty-three euros and thirty-six cents (22,833.36), which will be paid in one hundred and eighty (180) equal monthly installments of one hundred and twenty-six euros and eighty-five cents (126.85). Of these installments, which will begin to be paid after the lapse of five (5) years from the publication of the decision, will be made on the first three days of each month and will last for fifteen (15) years, the claim of 6 will be preferentially satisfied.of of the defendants (whose position has already been taken over as the universal successor by the 3or of the defendants), while any remainder will be distributed proportionally to the defendants.

Judging on the application number __/2013, the parties' disagreement.

Accepts partially the application.

Determines the applicant's monthly payments for a period of 5 years, in the amount of two hundred (200) euros, which will be distributed proportionally to the defendants. This amount will be paid within the first three days of each month, starting from the first month after the publication of this decision.

It was judged, decided and published in a public session in its audience in Athens on April 11, 2014.

THE JUSTICE'S SECRETARY

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