THE ATHENS JUSTICE COURT<\/p>\n
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 E. M.<\/p>\n
It sat in public in its audience on 23\/9\/2014, to try the following case between:<\/p>\n
OF THE APPLICANT: A. P. of I., resident of Athens, __ street no. __, who appeared with her attorney-in-fact Saint Zervea.<\/strong><\/p>\n 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:<\/p>\n The applicant, with the application for voluntary proceedings dated 17\/5\/2012 and no. cat. __\/2012, requested the following. The court of jurisdiction for the discussion of the above action was initially designated as the one mentioned at the beginning of this document.<\/p>\n For the present discussion of the application and after the presentation of the case, the Court, after hearing what was developed in the hearing,<\/p>\n STUDY THE FILE<\/strong><\/p>\n IT WAS THOUGHT IN ACCORDANCE WITH THE LAW<\/strong><\/p>\n From the service report numbered __\/8-6-2013 of the bailiff of the Athens Court of First Instance G. Z., submitted by the applicant, it appears that an exact certified copy of the application under review with a deed of appointment of trial and a summons to discuss the trial referred to at the beginning of the decision was legally and timely served on the 2nd defendant, the application....<\/p>\n In her application under consideration, the applicant states that she is permanently unable to pay her overdue debts to the defendants, who are her creditors, as stated in the submitted list of creditors and requests to be subject to the provisions of Law 3869\/2010 in accordance with the arrangement plan she submits.<\/p>\n This application is brought for discussion in this court, under the procedure of voluntary jurisdiction (article 3 of law 3869\/2010), and for its admissibility, the following are legally presented...<\/p>\n The first of the defendants denied the content of the application and requested its rejection.<\/p>\n From the sworn statement of the applicant's witness, included in the eponymous minutes of the meeting and the documents submitted by the parties present, the following facts were proven: The applicant is __ years old and until 2008 she worked as a private employee in a children's clothing factory, with a salary of 1,000 euros per month. After her dismissal, she was unable to find new work, as a result of which she retired early, and her monthly pension amounts to 550 euros. Her husband is also a pensioner, receiving a reduced disability pension of 506 euros per month. The monthly living costs of herself and her husband, who suffers from chronic obstructive pulmonary disease, amount to 850 euros and include the costs of food, clothing, heating, medical care and the payment of various fees imposed due to the economic crisis. The applicant owns, in a \u00bd undivided percentage, the ground floor apartment with item 15 of an apartment building, with an area of 50 sq.m., located in __, with an objective value of her percentage of 17,793.68 euros, according to the submitted settlement note of the ETAK for the year 2010. She is also the sole owner of an undeveloped plot of land, with an area of 50 sq.m., located in __, with an objective value of 650 euros according to the above settlement note. The unexpected loss of her job and the sharp decrease in her income due to her subsequent early retirement, combined with the health problems faced by her husband, resulted in the applicant being unable to meet her financial obligations to the first defendant, and ultimately making it impossible to service her debts.<\/p>\n It should be noted that the applicant's debt to the second defendant (EUROBANKERGASIAS A.E. BANK) has already been repaid by the guarantor of the loan agreement, as shown by the relevant repayment certificate, dated 23-9-2014, submitted by the applicant. Consequently, the applicant's sole creditor remains the first defendant, while her financial debts to be settled have not been undertaken in the last year, prior to the submission of the present application. In particular, she owes the defendant, from the housing loan agreement numbered 41594408, the amount of 51,897.88 euros, from the consumer credit agreement numbered 4208935286, the amount of 7,723.86 euros and a total amount of 59,621.74.<\/p>\n As follows from the above, the applicant's assets are not sufficient to satisfy the defendant and therefore the court must proceed to arrange monthly payments from her income for a period of five (5) years to partially repay his debts. Taking into account the applicant's living costs, each monthly payment must be set at the amount of two hundred (200) euros to cover the above obligation.<\/p>\n Furthermore, as mentioned above, the applicant is the owner of a 501% undivided interest in the above-described urban property, which she uses as her main residence and whose objective value amounts to 17,793.68 euros.<\/p>\n Therefore, it does not exceed the stipulated limit for the acquisition of a first residence (200,000 euros) increased by 50% and must therefore be excluded from the sale, after the submission of a relevant proposal by the applicant. From the applicant's monthly payments for a period of five years, mentioned above, only part of the defendant's claims will be covered, specifically 12,000 euros out of a total debt of 59,621.74 euros. That is, a balance of 47,621.74 euros remains. The satisfaction of the defendant's remaining claims, with further payments to save the applicant's first residence, may amount to up to 80% of the objective value of the property, that is, up to (17,793.68 X 80%,) 14,235 euros, which must be set at this amount, after taking into account her age, her current financial situation and the lack of prospect of immediate improvement. The repayment of this amount, which will begin five (5) years after the publication of this decision, will be carried out in accordance with the law with interest, without compound interest, 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, and the interest-free repayment period of this amount must be set at fifteen (15) years. The monthly installment, which the applicant will pay within the framework of this arrangement, amounts to (14,235\/180) 79.09 euros per month. The monthly installments will begin to be paid after the lapse of five (5) years from the publication of this decision, since it is considered that a grace period of five years should be granted to the applicant.<\/p>\n It should be noted that, with regard to the above remaining real estate of the applicant, its sale is not deemed necessary, because it will not generate purchasing interest and will not yield a significant price for the satisfaction of the defendant.<\/p>\n FOR THESE REASONS<\/strong><\/p>\n He judges.<\/strong> in the absence of the second defendant and in the absence of the other parties.<\/p>\n Rejects<\/strong> the application regarding the second of the defendants.<\/p>\n Partially accepted<\/strong> the application regarding the first defendant's Soci\u00e9t\u00e9 Anonyme Banking with the name "NATIONAL BANK OF GREECE S.A.".<\/p>\n Determines<\/strong> the applicant's monthly payments to the defendant for a period of five years, in the amount of two hundred (200)<\/strong> 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.<\/p>\n Excludes<\/strong> from the sale, the property, which serves as the applicant's main residence, namely the \u00bd indivisible, of the ground floor apartment with element 15 of an apartment building, area 50 sq.m., located in __, at the intersection of __ streets.<\/p>\n Determines <\/strong>the total amount payable by the applicant, for the immediately above reason, to fourteen thousand two hundred thirty-five (14,235) euros, to be paid in one hundred and eighty (180) equal monthly installments of seventy-nine euros and nine cents (79.09 euros).<\/strong>These installments will begin to be paid after five (5) years from the publication of the decision, will be made in the first three days of each month and will last for fifteen (15) years.<\/p>\n It was judged, decided and published in a public session, in its audience in Athens on __ November 2014.<\/p>\n THE JUSTICE'S SECRETARY<\/strong><\/p>\n \u00a0<\/strong><\/p>","protected":false},"excerpt":{"rendered":" \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\u03bf\u03bd \u0395\u03b9\u03c1\u03b7\u03bd\u03bf\u03b4\u03af\u03ba\u03b7 \u0391\u03b8\u03b7\u03bd\u03ce\u03bd, \u039a. \u0395., \u03c4\u03bf\u03bd \u03bf\u03c0\u03bf\u03af\u03bf \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 \u0394\u03b9\u03bf\u03af\u03ba\u03b7\u03c3\u03b7\u03c2 \u03c4\u03bf\u03c5..<\/p>","protected":false},"author":1,"featured_media":0,"parent":291,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"pagelayer_contact_templates":[],"_pagelayer_content":"","footnotes":""},"class_list":["post-745","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/zerveaslaw.gr\/en\/wp-json\/wp\/v2\/pages\/745","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=745"}],"version-history":[{"count":0,"href":"https:\/\/zerveaslaw.gr\/en\/wp-json\/wp\/v2\/pages\/745\/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=745"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n