Mõisa 2: absence of debt confirmed by agreement
Narva linn, Mõisa tn 2 korteriühistu · 80170213
Participants and roles: Applicant — XX; Interested person — Narva linn, Mõisa tn 2 korteriühistu
How it started · editorial summary
The no-debt application ended in an agreement and allocation of the applicant’s costs to the association.
The dispute and the court’s decision
Applicant XX sought a declaration of no debt to Narva linn, Mõisa tn 2 korteriühistu. The participants settled and requested approval. Viru Maakohus checked the agreement and documents, found the arrangement admissible and terminated proceedings.
The participants confirmed under the agreement that XX owed no apartment management or utility debt to the association as of 30 November 2019. This is an agreed term approved by the court; the ruling does not separately examine which earlier charges were correct.
The association undertook to pay the applicant’s 150 euros in legal costs and half the fee, 25 euros. The agreement totals 175 euros*, payable over six months at 29 euros* per month. The association bears its own costs. Each participant bears costs not listed in the agreement. The court additionally ordered half the fee paid, 25 euros, refunded to the applicant from the budget after entry into force.
The court explained that following approval the participants cannot bring the same demand concerning the same subject matter against each other again. If the monetary obligation is not performed, the creditor may apply to a bailiff. The ruling does not confirm that the association has already transferred the agreed costs.
Outcome of this decision
Approve absence of debt as of 30 November 2019. The association undertakes to pay the applicant 175 euros* over six months at 29 euros* per month. Terminate proceedings; refund the applicant a 25 euro fee.
Translation of an anonymised, abridged excerpt from Estonian
II. Terminate the proceedings in civil case 2-19-20166.