Grafovi 7,9: debt paid and costs decided on termination

After the debt was paid, proceedings were terminated, but the court separately decided the remaining costs and state-fee refund.

KORTERIÜHISTU GRAFOVI-7,9 (now — Narva linn, Madise tn 7, Madise tn 9 korteriühistu) brought a debt claim against XX. After proceedings began, XX satisfied the principal claim and the association withdrew it. The court accepted the withdrawal and terminated proceedings; the defendant submitted no objections to termination. The underlying debt is not awarded again. Payment of the principal claim did not cover the association’s requested procedural costs. The court imposed them on XX and awarded the association 87.50 euros in state fees. Recovery of 50 euros in legal fees was refused: the court noted that the association had no contractual representative in these proceedings. Separately, the association is to receive 87.50 euros from the state budget, half the state fee previously paid. This is a separate refund, not another recovery from XX. The court explained that the same claim against the same defendant on the same basis cannot be brought again. An interlocutory appeal lies to Tartu Ringkonnakohus through Viru Maakohus within 15 days after service, no later than five months after the order. Receipt of the awarded costs or budget refund is not established.

The withdrawal was accepted and proceedings terminated after the principal claim was satisfied. XX was ordered to pay 87.50 euros in state fees; 50 euros in legal costs were refused. Separately refund 87.50 euros in state fees to the association from the budget. Performance of these monetary orders is not established.