Tallinna mnt 21: apartment sale did not repay the entire debt to the association
Narva linn, Tallinna mnt 21 korteriühistu · 80228958
Participants and roles: Applicant – Narva linn, Tallinna mnt 21 korteriühistu; Interested person – former owner XX
How it started · editorial summary
The former owner relied on repayment from auction proceeds; the court established only partial payment.
The dispute and the court’s decision
The court awarded Narva linn, Tallinna mnt 21 korteriühistu the outstanding debt and 220 euros in litigation costs against former owner XX. XX believed the apartment’s auction sale had cleared the debt and did not separately dispute the amount charged.
The court found that the bailiff had transferred only part of the arrears to the association. Documents confirmed the unpaid balance, and XX supplied no evidence that it had been repaid.
The court explained that sale of an apartment in enforcement proceedings does not release the former owner from unpaid obligations arising before ownership transferred. The demand was considered in non-contentious proceedings, the special procedure for matters between owners and their association.
The outstanding debt and costs were awarded: a 50-euro court fee and 170 euros for representative’s services, totalling 220 euros. Actual recovery of the award is not confirmed. This ruling does not establish total sale proceeds or settlements with other enforcement creditors.
Outcome of this decision
Grant the application: award the association the unpaid balance and 220 euros in litigation costs against former owner XX.
Translation of an anonymised, abridged excerpt from Estonian
3. XX shall bear the litigation costs.