Page 27 - Δημήτρης Λουκιδέλης - Μεταφράσεις Νομικών, Συμβολαιογραφικών & Δημοσίων Εγγράφων - Δείγματα Μεταφράσεων

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cannot be made a redetermination and redefinition of the enacted urban
planning provisions by the statute constitutive of horizontal ownership

(Court of Cassation ruling 902/2015).

As a consequence their sale in an auction can be ordered, so that each of

them takes out of the auction proceeds the sum which corresponds to the

rate of co-ownership on the hereinabove immovables stipulated on the
decision of the notary public which shall conduct it.

Whereas, between myself and the defendants exists a communion of right

the dissolution whereof I am entitled to petition as well as the subsequent
distribution of the communal immovable.

Whereas, there is no transactional or legal ground for the preclusion of the

dissolution of the communion.

Whereas, there are no charges on the immovables on the real properties or
third-party rights on the ideal shares of the communion partners.

Whereas, the defendants do not accept the extrajudicial dissolution of the
communion between them.

Whereas, our immovables are not receptive of the in natura distribution and

are without proceeds in accordance with the stated in the history part.

Whereas, I am entitled to petition the sale of the hereinabove communal real
properties with the voluntary auction and the distribution of the auction

proceeds between myself and the defendants.

Whereas, the commercial value of the real properties in question amounts
in total to the amount of $$$ euro with the objective value equal to $$$

euro and therefore your Court is ratione materiae competent.

Whereas, your court is ratione loci competent, owing to the forum of the
inheritance but also the forum of the immovable.

Whereas, my action is lawful, founded and true and its history will be

evidenced by documents and witnesses.