Decision Number<\/p>\n
620\/\u03a61478\/2012<\/p>\n
THE ATHENS JUSTICE COURT<\/p>\n
It was formed by Justice of the Peace E. Z., who was appointed by the President of the Three-Member Administrative Council of the Athens Justice of the Peace Court, and by the Secretary D. T.<\/p>\n
It sat in public in its audience in Athens on October 30, 2012 to try the following case:<\/p>\n
Applicant: K. \u2013 A. N. of G., <\/strong>resident of Paleo Faliro, Attica, who was represented by his attorney-in-fact Saint Zervea.<\/strong><\/p>\n The applicant, with his application for Voluntary Jurisdiction (Law 3869\/2010) dated 15-9-2011, filed with the Secretariat of this Court under filing number __\/24-10-2011, requested the matters mentioned therein.<\/p>\n The hearing referred to at the beginning of this document was scheduled for the discussion of this application.<\/p>\n During the presentation of the case, the applicant's creditors mentioned in the application stated that they are present as follows:<\/p>\n The court, after the case has been read out from the relevant board and in the order in which it is recorded therein.<\/p>\n He studied the case file.<\/p>\n He thought according to<\/strong> Law<\/strong><\/p>\n With the above content, the application is competently brought for discussion in this court (article 3 of Law 3869\/2010) during the procedure of voluntary jurisdiction of articles 741 to 781 of the Code of Civil Procedure (article 3 of Law 3869\/2010), since its admissibility.<\/p>\n From the assessment of the sworn testimony of the applicant's witness, which was examined in the court hearing during the hearing of the application and is contained in the minutes of the trial, as well as the documents legally invoked and presented by the parties, the following were proven in the opinion of the court: The applicant, 59 years old, is a pensioner of the IKA. since 24-1-2011 who was awarded a full old-age pension of 1,661.45 euros per month by decision of the Director of the IKA. - ETAM (see the decision numbered 2933\/15-6-2011 of the Director of the IKA - ETAM branch of Kallithea), which, after a reduction suffered, amounts to 1,263.08 euros per month in the current year. The applicant, before his retirement, worked in the pharmaceutical industry under the name "PFIZER HELLAS S.A." with the specialty of Sales Department Manager and the net salary he received monthly, after deducting the tax attributable to it, amounted to 4,146.56 euros (see salary certificate paid to him from 1-1-10 to 31-12-10 by "PFIZER HELLAS S.A."). He also received from the above company, which dismissed him due to termination of his employment contract, the net amount of 127,362.27 euros as compensation, a large part of which he spent to cover loan obligations and increased living needs due to his wife's serious illness (see witness statement). The applicant is married to E. \u2013 A. N., 54 years old, who is a pensioner of the IKA. since 20-6-2002, who was awarded a full old-age pension, amounting to 1,068.86 euros per month, by decision of the Director of the IKA.<\/p>\n The applicant has three children from his marriage to the above: M., 29 years old, who works, G., 25 years old, a student at the Gymnasium Academy, and D., 13 years old, a high school student. The applicant and his family reside in a rented apartment on __ street in Paleo Faliro, measuring 150 sq.m., in which the applicant's wife's mother, who recently passed away, also lived. The cost of renting the above apartment is covered by the applicant and his wife from the rent they receive from renting an apartment, co-owned by them, measuring 100.33 sq.m., located on the third floor of an apartment building on __ street in the Amfithea area of the Municipality of P. Faliro, Attica, which, when the applicant's wife's mother lived, did not cover the housing needs of the applicant's family due to its smaller area. The applicant's creditors to whom he had assumed the following debts in a period prior to the year from the filing of the application, which are considered overdue upon notification of the application and of these, the unsecured ones cease to generate interest upon notification of the application, while the secured ones continue to bear interest at the interest rate of the current debt until the publication of this (article 6 \u00a7 3 of Law 3869\/2010) are the following: 1) "NATIONAL BANK OF GREECE S.A." a) from the housing loan agreement with account number 4224846098, a debt of 322,578.44 euros upon notification of the application (4-11-2011). This claim of the above creditor is secured in real estate by a mortgage of the first series on the following properties jointly owned by the applicant and his wife: in the C-1 apartment on the third floor, 100.33 sq.m., the basement storage room no. 5 and the basement parking space P-4 of an apartment building located on __ street in the Municipality of Paleo Faliro for the amount of 544,700 Swiss francs b) from the mortgage loan agreement with account number 4224846144, a debt of 77,066.36 euros upon notification of the application. This claim of the above creditor is secured in real estate by the registration of a mortgage pre-notation B' series on the above properties co-owned by the applicant and his wife for the amount of 130,000 Swiss francs c) from the housing loan agreement with account no. 4224620979, a debt of 18,109.14 euros upon notification of the application. This claim of the same above creditor is secured in real estate by the registration of a mortgage pre-notation C' series for the amount of 22,745.57 euros on the above properties co-owned by the applicant and his wife d) from the housing loan agreement with account no. 4224248697 as guarantor, a debt of 8,035.98? upon notification of the application. This claim of the same above creditor is secured in rem by the registration of a fourth-series mortgage on the same above properties for the amount of 10,180.77 euros. The total debt of the applicant to his above creditor amounts to 425,789.92 euros 2) "AGRICULTURAL BANK OF GREECE S.A." from the credit card agreement number 027-201000083-00, a debt of 7,467.93 euros 3) "ALFA BANK S.A." from the consumer loan agreement number 2832245, a debt of 57,631.22 euros. The applicant's total debt to the above creditors amounts to 490,889.07 euros. The applicant, since March 2011, due to the significant reduction in his income after his retirement, which before his retirement amounted to the net amount of 4,146.56 euros per month and after his retirement initially to the amount of 1,661.45 euros and during the current year to the amount of 1,263.08 euros, the significant increase in his debts from the housing loans he has received from the first of the defendants due to their connection to the Swiss franc, due to which, despite the amounts that the applicant has paid for their servicing, his debt remains at approximately the original amount, and more generally the increase in the monthly installments required to service not only his housing loans, but also his other loans, which as consumer are burdened with high interest rates, but also the inability of his wife to contribute, who spends all of her own income to cover not only her living needs, but also the cost of medical expenses and pharmaceutical expenses that are not covered by her insurance company, but also to service her own loan obligations, has fallen without malice into a real permanent inability to pay his overdue financial debts, .<\/p>\n As for the remainder of the claims of the defendants - creditors of the applicant, the part that was not covered after the exhaustion of the amount of 63,750 euros cannot be satisfied and the applicant is discharged.<\/p>\n Consequently, the application must be partially accepted as being essentially well-founded and the applicant's debts must be settled, with the exception of the sale of his main residence, in accordance with what is specifically defined in the operative part. The applicant's discharge from any existing outstanding debt to his creditors will occur in accordance with the law (article 11 \u00a7 1 of Law 3869\/2010) after the proper execution of the obligations imposed on him herein. No legal costs shall be awarded pursuant to article 8 \u00a7 6 of Law 3869\/2010.<\/p>\n FOR THESE REASONS<\/strong><\/p>\n It is trying the case in the absence of the second of the defendant creditors of the applicant and in the absence of the other parties.<\/p>\n The application is partially accepted.<\/p>\n It determines the applicant's monthly payments to his creditors for a period of four years in the amount of two hundred and fifty (250) euros, which will be distributed proportionately among them as specifically stated in the reasoning within the first three days of each month, starting from the first month after the publication of this.<\/p>\n Excludes from the sale the applicant's main residence, namely the C-1 apartment of 100.33 sq.m., located on the third floor of an apartment building, located on __ street in the Municipality of Paleo Faliro, Attica.<\/p>\n It imposes on the applicant the obligation to pay, for the salvation of his residence, the total amount of sixty-three thousand seven hundred and fifty (63,750) euros in monthly payments of 312.50 euros, for 204 months. Specifically, these payments will be interest-bearing, without compounding, at the average interest rate of a fixed-rate mortgage loan that will apply at the time of repayment according to the statistical bulletin of the Bank of Greece, will begin on the first day of the first month two (2) years after the publication of this and will be made within the first three days of each month.<\/p>\n It was judged, decided and published in an extraordinary, public session in his audience.<\/p>\n Athens, 21 December 2012.<\/p>\n THE SECRETARY OF THE JUSTICE<\/strong><\/p>\n The hearing was held in public in the courtroom of the Athens Magistrates' Court. The case was heard by the Magistrates' Court from the order of the table. After the hearing of the case, the creditor banks mentioned in the application declared that they were present as follows:<\/p>\n 1) The Banking Company with the name "NATIONAL BANK OF GREECE S.A.", headquartered in Athens and legally represented, which was represented by the power of attorney of D. K.<\/p>\n 2) The public limited company with the name "AGRICULTURAL BANK OF GREECE S.A.", headquartered in Athens, and legally represented, which was not present.<\/p>\n 3) The Banking Company with the name "ALPHA BANK S.A." and the distinctive title "ALPHA BANK S.A.", headquartered in Athens and legally represented, which was represented by the power of attorney of I. N.<\/p>\n The attorney-at-law developed his allegations, referred to his written submissions and requested that his application be accepted.<\/p>\n The attorneys-at-law of the creditors developed their claims, referred to their written proposals, requested that the application be rejected and raised the following objections: The power of attorney of 1of<\/sup> creditor raised objections as in her proposals and her power of attorney 3of<\/sup> The creditor raised an objection in law and substance of unfounded, vague, abusive exercise of a right and stated that the request for exemption from the sale of all of the applicant's property as well as the request for 35% payment to save the primary residence is illegal. As detailed in their proposals.<\/p>\n Then the applicant's witness came forward and said that her name was M. A., she was born in Athens, she lives in P. Faliro, she is a pensioner. She stated that she knows the parties, that she is not related to them and that she has no interest in the outcome of the trial. After being questioned, she stated that she is an Orthodox Christian, swore on the Holy Gospel according to article 408 of the Code of Civil Procedure and, when examined, testified the following:<\/p>\n "We are family friends with the applicant. He is retired. Their monthly income is 2200 euros. They have 3 children. A working daughter, an unemployed son and a student. The applicant's wife is facing serious health problems. She is undergoing chemotherapy. Their health insurance does not cover all their expenses. She goes to the doctor once a week where she spends 80-100 euros at a time. They have an apartment on the third floor, which they have rented. They give as much as they get, I do not know exactly how much they give or receive for rent. They also have a storage room and a garage space, which go with the apartment. The applicant's wife has a small Fiat car and the applicant has a Peugeot. They took out the mortgage to buy their apartment. I do not know how much the loan was. They stopped paying for 1.5-2 years, since Mrs. N.'s health problems began. Before retirement, the applicant received 4500 euros per month. Now he receives 1250 euros in pension. The bank suggested converting it to Swiss francs and this was decisive for his debt. From the lump sum he received 140,000 euros) or even more. From what I know, the 125,000 euros went to the mortgage. I don't know exactly when he received the lump sum, but I know that in January 2011 he retired. The mortgage was for the apartment, the storage room and the garage. He gave 130,000 euros for debts to the National Bank. Their daughter is a private employee and receives about 1000 euros per month. The house is 100 square meters. The 140,000 euros he received, I don't know if it was a lump sum or compensation. I know that he received a large amount when he was fired. I don't know exactly when his wife retired. She was an employee at the airport. I don't know if she received a lump sum."<\/p>\n Then the Justice of the Peace declared the end of the discussion and reserved her decision.<\/p>\n THE SECRETARY OF THE JUSTICE<\/strong><\/p>","protected":false},"excerpt":{"rendered":" \u0391\u03c1\u03b9\u03b8\u03bc\u03cc\u03c2 \u0391\u03c0\u03cc\u03c6\u03b1\u03c3\u03b7\u03c2 620\/\u03a61478\/2012 \u03a4\u039f \u0395\u0399\u03a1\u0397\u039d\u039f\u0394\u0399\u039a\u0395\u0399\u039f \u0391\u0398\u0397\u039d\u03a9\u039d \u03a3\u03c5\u03b3\u03ba\u03c1\u03bf\u03c4\u03ae\u03b8\u03b7\u03ba\u03b5 \u03b1\u03c0\u03cc \u03c4\u03b7\u03bd \u0395\u03b9\u03c1\u03b7\u03bd\u03bf\u03b4\u03af\u03ba\u03b7 \u0395. \u0396., \u03c4\u03b7\u03bd \u03bf\u03c0\u03bf\u03af\u03b1 \u03cc\u03c1\u03b9\u03c3\u03b5 \u03b7 \u03a0\u03c1\u03cc\u03b5\u03b4\u03c1\u03bf\u03c2 \u03c4\u03bf\u03c5 \u03a4\u03c1\u03b9\u03bc\u03b5\u03bb\u03bf\u03cd\u03c2 \u03a3\u03c5\u03bc\u03b2\u03bf\u03c5\u03bb\u03af\u03bf\u03c5..<\/p>","protected":false},"author":1,"featured_media":0,"parent":291,"menu_order":2,"comment_status":"closed","ping_status":"closed","template":"","meta":{"pagelayer_contact_templates":[],"_pagelayer_content":"","footnotes":""},"class_list":["post-337","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/zerveaslaw.gr\/en\/wp-json\/wp\/v2\/pages\/337","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/zerveaslaw.gr\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/zerveaslaw.gr\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/zerveaslaw.gr\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/zerveaslaw.gr\/en\/wp-json\/wp\/v2\/comments?post=337"}],"version-history":[{"count":0,"href":"https:\/\/zerveaslaw.gr\/en\/wp-json\/wp\/v2\/pages\/337\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/zerveaslaw.gr\/en\/wp-json\/wp\/v2\/pages\/291"}],"wp:attachment":[{"href":"https:\/\/zerveaslaw.gr\/en\/wp-json\/wp\/v2\/media?parent=337"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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