Skip to decisions
Žuk — ANTON и JELENA
Back to decisions

P. Kerese tn 6: court approved a 100 euro costs agreement after debt payment

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayParking and groundsConstruction of parking facilitiesApartment association meetings and decisionsBudget, management plan and rates

P. Kerese tn 6: court approved a 100 euro costs agreement after debt payment

Ruling · Viru Maakohus · First instance

Narva linn, P. Kerese tn 6 korteriühistu · 80183301

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, P. Kerese tn 6 korteriühistu; interested person XX — debtor and party to the costs agreement; association’s representative XX

How it started · editorial summary

The participants confirmed payment of the principal claim, after which the association withdrew its application. The court approved a separate agreement for an additional 100 euros in costs.

The dispute and the court’s decision

The court terminated the case after confirmed payment of the principal claim and approved an agreement for an additional 100 euros in costs to the association. The apartment association Narva linn, P. Kerese tn 6 sought debt and late-payment interest from participant XX. The dispute concerned earmarked contributions for a car park. After an objection in payment order proceedings, the case was transferred to Viru Maakohus. XX attempted a counter-application challenging transactions based on meeting decisions; admission was refused and the circuit court upheld that refusal. The association and XX then reported satisfaction of the claim on 17 March 2021. Their consistent reports stated that principal, late-payment interest and previously claimed costs had been paid. The association withdrew its monetary demand, and participants submitted a separate agreement on remaining court costs. Under that agreement, XX must pay the association an additional 100 euros by 31 May 2021. XX bears their own costs. The participants confirmed understanding the consequences of termination and waived appeal against the ruling. On 22 March 2021 the court accepted withdrawal of the application on the paid claim, approved the costs agreement and terminated proceedings. It found no conflict with the law or good morals. It did not separately allocate or determine recoverable costs because the amount and payment arrangements were already agreed. Principal and previously paid costs are not awarded again. The act does not confirm performance of the new 100 euro obligation.

Outcome of this decision

Accept the association’s withdrawal of the paid debt application. Approve the agreement: XX pays the association 100 euros in costs by 31.05.2021 and bears their own costs. Terminate proceedings; do not determine costs separately.
Translation of an anonymised, abridged excerpt from Estonian
3. Terminate proceedings in civil case No 2 -20-100537 on Narva linn, P. Kerese tn 6 korteriühistu’s debt application against XX.