To Sochi the world judge allowed the person foreign to spouses - the builder of the house in whom they lived, - to use their balcony. For this purpose the judge demanded to give out flat keys. The claimant insisted that at its registration in the necessary document all rooms which are subject to transfer were not specified.
the Main point
the Lawyer respondents Kalinichenko Galina told b Information company "RIA Novosti" that the judge of a site No. 99 of the Hostinsky area satisfied the claim of the seller Goncharova Alexander to the buyer Chibeskova Alexander, having obliged the last to eliminate obstacles in using a balcony.
As appears from case papers, Chibeskov' family bought the apartment at Goncharova Alexander a little more than 50 sq.m at a stage of construction of the house. After its introduction in operation it appeared that the builder gave them premises with a smaller area. They demanded compensation for absent meters - and courts of their requirement supported. Subsequently Goncharov submitted to p
the claim with the requirement to provide it the admission to a balcony of the apartment sold to them. In the statement he specified that this platform does not belong to premises and in the certificate of registration of the property right and the transfer act 43 sq.m are recorded only. The builder also claimed that the balcony in the registration certificate has own number which is not reflected in documents of buyers, and, therefore, to them does not belong.
as a result the court supported a position of the applicant, having specified that Goncharov undertook to transfer in the investment contract to a family a share in an inhabited dale of a certain area, but in is mute was not spoken, which rooms become property of buyers, - respectively, the builder fulfilled the obligations.
Opinion of experts
Kalinichenko Galina designates "absurd" the judgment. According to her, a balcony - a component of premises to which it is attached, and a bearing design. It has no own cadastral number, and it cannot separately be on sale. "It is clear that the person buys all apartment, instead of any components", - the lawyer speaks.
the Lawyer Bashilov Boris reminded that on standards of the Housing code and Rosstat order the total area of the apartment includes as well the area of rooms of auxiliary use to which the balcony belongs also:" Thus, a balcony as the room of auxiliary use, cannot be independent object of civil legal relationship without binding to apartment premises". At the same time he noted that in contracts both upon purchase, and at investments into apartments it is necessary to specify all its characteristics and to list all rooms, including uninhabited.