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Company agreed a debt of 1 500 euros; judicial mortgage ordered to be removed

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claims

Company agreed a debt of 1 500 euros; judicial mortgage ordered to be removed

Ruling · Viru Maakohus · First instance

KÜ Rahu 28A · NL Kinnisvara OÜ · 80158560 · 12134496

Entry into force has not been reverified

Participants and roles: Claimant KÜ Rahu 28A – creditor under the agreement.; Defendant NL Kinnisvara OÜ – company undertaking the obligation.

Editorial summary

The court approved the agreement between the apartment association Rahu 28A and NL Kinnisvara OÜ, terminated proceedings and ordered the security to be lifted after the ruling becomes final.

The dispute and the court’s decision

The association and the company agreed that the debt on the day the agreement was signed was 1 500 euros. The company undertook to pay it in full by 1 February 2015. The association confirmed that it had no other claims against the company, including late-payment interest or other additional amounts. The court considered the agreement lawful and approved it. Each party bears its own costs. Proceedings were terminated, and the earlier security for the claim is to be lifted after the ruling becomes final. This concerns a judicial mortgage of 8 147,10 euros over the company’s property in the association’s favour, imposed by a ruling of 27 September 2013. The mortgage amount is the security for the former claim, rather than a new debt under the agreement. The parties waived an appeal. The ruling states that it becomes final upon service on the participants; actual service, payment of the agreed debt and deletion of the mortgage entry are not established here.

Outcome of this decision

Approve NL Kinnisvara OÜ’s obligation to pay the apartment association Rahu 28A 1 500 euros by 1 February 2015 and terminate proceedings. Lift the security and remove the judicial mortgage of 8 147,10 euros after the ruling becomes final. Each party bears its own costs.