Bibliographic citations
Espinoza, D., (2020). Exp. Civil N° 26289-2010 – Acción ReivindicatoriaExp. Penal N° 810-2005 - Robo Abravado [Trabajo de suficiencia profesional, Universidad Peruana de las Américas]. http://repositorio.ulasamericas.edu.pe/handle/upa/878
Espinoza, D., Exp. Civil N° 26289-2010 – Acción ReivindicatoriaExp. Penal N° 810-2005 - Robo Abravado [Trabajo de suficiencia profesional]. : Universidad Peruana de las Américas; 2020. http://repositorio.ulasamericas.edu.pe/handle/upa/878
@misc{renati/4794,
title = "Exp. Civil N° 26289-2010 – Acción Reivindicatoria;Exp. Penal N° 810-2005 - Robo Abravado",
author = "Espinoza Rojas, Diego Arturo",
publisher = "Universidad Peruana de las Américas",
year = "2020"
}
The present lawsuit is filed by Mrs. María del Pilar Crespo Black, against María Salome Guadamur Cauti, requesting the claim of the real estate held between the parties, by means of a purchase contract for sale in installments with the Property Reserve Pact dated 31.12.2006, with respect to the real estate located in Jr. Junín N ° 844 Second Floor of Lima, Province and Department of Lima, which is registered in Item No. 40070982, of the Registry of Real Property of Lima; for an amount of US $ 23,000.00 (Twenty-three Thousand US Dollars), in the systematic payment agreed in this paragraph in paragraphs a), b), c) and d), also, requests an INDEMNIFICATION FOR DAMAGES AND INJURIES as an accessory claim, for an amount not less than the sum of US $ 30,000.00 (Thirty Thousand American Dollars), in the event of breach of clause third paragraph C) of the aforementioned contract. The lawsuit is advanced and the defendant answers the claim within the period indicated by the law. The defendant files an exception of defective representation, since the plaintiff did not accredit the corresponding legal power by which the representation as co-owner in favor of its co-owners (father and brother) accredits it, the same that by judicial resolution was declared inadmissible by extemporaneously, it answers and contradicts the claim by saying that points 1), 2), and 3) of the demand turn out to be true, however point 4) of the demand turns out to be false, since it has faithfully complied with the full payment of the contractual obligation embodied in the contract dated 31.12.2006, credited with the payment vouchers made to the account of Graciela Black Ruiz (mother of the plaintiff), and inadmissible the recognition of granting of public deed, for having another procedural way correspondent. The single sanitation hearing, fixing controversial points, early trial was held. By Resolution N ° 11 dated November 30, 2011, the Twenty-Third Specialized Civil Court of Lima declared the claim FOUNDED. The defendant files an Appeal against the judgment issued, the records being elevated to the Superior Court by means of Resolution No. 12 dated January 5, 2012, the Seventh Civil Chamber of the Superior Court of Lima, issues a judgment through which it fails: revoke the Judgment issued by the twenty-third specialized civil court in Lima, reforming it, declared the claim filed by Mrs. María del Pilar Crespo Black unfounded. An extraordinary appeal is then filed on December 18, 2011, as it is not in accordance with the decision of the Superior Chamber. On October 3, 2012, the Supreme Court of Justice of the Republic - Permanent Civil Chamber declared the appeal inadmissible, filed by the challenger María del Pilar Crespo Black.
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