Posted 10 апреля, 09:26
Published 10 апреля, 09:26
Modified 10 апреля, 10:05
Updated 10 апреля, 10:05
But why is the entire garage cooperative - four hundred owners – paying for the late debtor chairman and his twenty-year-old affairs?
This question also baffles the owners of garages themselves. Four hundred owners, it should be noted, are not just members of the cooperative, but full-fledged owners of garages with confirmed ownership in the Rosreestr.
The market value of the garage in the "Vortex NK" is now on average more than 1 million rubles.
Some owners have purchased them quite recently, and certainly are not to blame for anyone's long-term debts.
Its members found out about the debt of almost 29 million rubles hanging over the garage cooperative quite by accident.
One of the residents of the district and a member of the cooperative looked at the website of the Perovsky District Court on his cases and found a decision that had already taken place.
The Kafkaesque process has begun for the members of the garage cooperative. A certain Mr. Khryanin, as a creditor, is collecting almost 29 million rubles from GSK "Whirlwind NK", including interest for using other people's funds.
No one can understand where this debt came from, including a former accountant and the chairman of the audit commission. Discipline in the garage cooperative has always been on top – even debts for the payment of membership fees have not accumulated.
The Perovsky court, which legalized the doubtful debt, did not involve any members of the cooperative in the proceedings, although their decision directly affects their property rights and financial interests.
The plaintiff, a certain Vladimir Khryanin, and the defendant, the chairman of the garage-building cooperative Alexey Loshkarev, who are well acquainted with each other, participated in the process. No third parties were called.
A whole initiative group of garage owners tried to file an appeal against the decision of the court of first instance, however, the judge returns the complaint: the members of the cooperative, they say, have nothing to do with the case and cannot even act as third parties in this process.
How could the court confirm this debt? It's very simple: if a plaintiff comes to court and asks to repay him a debt of 29 million, and the defendant fully recognizes the debt, then there is no dispute, and there is nothing to delve into the evidence.
Alexey Loshkarev, the chairman of the GSK "Whirlwind NK" cooperative, was so calm about the upcoming trial that he even asked to hold a meeting in his absence. The plaintiff Vladimir Khryanin also filed a similar application to the court.
The members of the cooperative believe that this is an ordinary "agreement", and the debt itself is inflated. Without appearing at court sessions, the plaintiff and the defendant simply fence themselves off from the judge's questions concerning the evidence base.
- No one has ever heard of a loan. The chairman died in the fall of 2021, and until his death, he did not tell anyone about the debt. Neither the accountant nor the chairman of the audit commission have seen any debts on GSK. In the accounting reports since 2004, there is not even a shadow of a hint of any debt obligation. If there was a debt, it would move from one report to another from year to year until it was fully repaid. And most importantly, no one from the old administration of the cooperative has ever seen either loan agreements or debt receipts. Borrowed funds have never been received by the cooperative and have not been spent on any needs", - says Vladimir Chernykh, a member of the GSK "Whirlwind NK".
The court decision with smeared surnames, sums, addresses is published in the file file of the Perovsky District Court of Moscow. And what do we learn from it?
Chairman Anatoly Loshkarev, now deceased, on July 13, 2004 borrowed 8.5 million rubles from Khryanin for 10 years and did not return it.
The plaintiff asks to recover from the defendant not 8 million, but 26.8 million rubles - sorry, inflation + state duty + interest for using other people's money. A total of 29.35 million rubles.
From the court's decision, we learn that in subsequent years, at least twice, this debt obligation was prolonged. On July 13, 2014, it was extended until 2020, and on July 13, 2020, until December 1, 2022. For one, the amounts of debt were "clarified" each time, taking into account inflation. In the second extension, in addition, the loan agreement was strengthened by an additional agreement, from which it follows that the loan is of a targeted nature and is provided to the borrower for the purchase of construction vehicles and work on the garage construction cooperative facility.
This "targeted character", apparently, became a clue for skilled jugglers - and the duty from the personal chairman's duty turned into a collective responsibility.
At the same time, in 2014 and in 2020, when the debt was extended, the legislation already required such an agenda to be submitted to general meetings without fail. Decisions on the fouling of the main loan agreement with additional agreements could be approved only by the majority of the cooperative's participants.
The interlocutors of "NI" call the plaintiff Vladimir Khryanin - a man with a dubious reputation. He was registered and previously lived in seven time zones from Moscow - in the Primorsky Territory. For almost twenty years he has been humbly waiting for the repayment of the debt from the garage cooperative in Moscow, he does not go to court. Although 8.5 million rubles ($ 300,000 at that rate) is huge money at that time, especially for a resident of the region!
If you look at his background, it becomes not clear at all how this person can spread millions right and left?
For example, in the same zero, Mr. Khryanin is suing the local administration in Primorye because of rotten floors in his 45-meter apartment in a two-story building, demands that the capital repair fund eliminate the communal disaster. A little later, he is suing a fishing company for non-payment of his salary of 13 thousand rubles.
In 2011, according to the stories of old-timers, Vladimir Khryanin appeared at the general meeting of the garage cooperative: the chairman was re-elected at it. He actively spoke, drowned for the candidate and for some reason introduced himself either as an assistant to a deputy of the State Duma of the Russian Federation, or as an authorized person. Later it turned out that the committee that Hryanin called does not exist in the State Duma, and Hryanin himself does not work in the State Duma.
However, these subtleties did not prevent the judge from ruling in favor of the creditor plaintiff.
"To satisfy the claims for debt collection under the loan agreement. Recover from ... in favor ... the debt under the loan agreement in the amount of 28,272,848.92 rubles, the cost of paying the state fee in the amount of 60,000 rubles", - writes the judge of the Perovsky District Court of Moscow.
"Inflation, of course, is fantastic. In Russia, for example, people pay a mortgage on an apartment for 20 years, and even banks do not require such interest rates for inflation from borrowers. Our debt has grown three and a half times", - the members of the cooperative comment.
Acting chairman Alexey Loshkarev, at the same time, continues to insist: the debt is personal and there is absolutely nothing to worry about for the members of the cooperative.
The owners of the garages are sure that the chairman is simply lulling their vigilance, and a full-scale raider seizure is being prepared behind their backs.
If the verdict is not appealed (and the members of the cooperative, as mentioned above, cannot appeal it), without exception, almost four hundred owners will be billed for 75-80 thousand rubles. If at least one of the members of the cooperative does not pay this amount, and the total debt of 29 million rubles is not repaid in this way, the company will go bankrupt, and the garages will turn into a "competitive mass" for auction. Next, the garages will be sold at a cadastral price – about 300-400 thousand rubles (at a market value, we recall, 1,000,000-1,300,000). After the sale, 200-300 thousand will be returned to the owners in the form of delivery from the sale of the property minus the debt.
And hello – no garage, no money.
The scenario, by the way, is not some kind of horror story for children, but quite a highly probable outcome. On April 4 of this year, on the "Unified Federal Register of Legally Significant information about the facts of the activities of Legal Entities ...", a notary published a notice of the intention of the creditor, Mr. Khryanin, to apply to the court with an application for recognition of GSK "Vikhr NK" as bankrupt.
"We had three meetings after we learned about the court's decision. The new chairman Loshkarev comes to them, stands aside from the outraged crowd, smiles. We ask him how his father's personal debt was outweighed by the cooperative? By the way, we strongly doubt the reality of this debt. In response – inadequate: "Calm down, I'll solve everything." We have applied to the organization with a written request for the issuance of copies of the loan agreement, additional agreements, receipts. None of this, of course, was provided to us. Why? Yes, because there are none. There can only be falsified ones. Raider seizure of clean water. We are preparing a collective appeal to the police about fraud", - says Alla Rusakova, a member of the cooperative.
On March 27, April, members of the cooperative GSK "Whirlwind NK" learned that Vladimir Khryanin filed a second lawsuit with the Perovsky District Court of Moscow.
According to data from the court's website, the subject of the dispute is "recovery of amounts under the loan agreement." The members of the cooperative again claimed their right to participate in the process as third parties, and the judge again did not grant this request. According to the assumptions of garage owners, this may be another debt amount, doubling the burden of garage owners, so that they certainly "do not come out".
The owners of garage premises are going to file private complaints to the Moscow City Court against the decision of the Perovsky District Court. They demand to ensure their right to enter the trial along with the plaintiff and the defendant.
"Well, it's just somehow ugly to deprive hundreds of owners of their property like this for three with a judge, in fact in closed trials. I really want to personally attend these trials and look into the eyes of all these people. Ideally, of course, they want to keep their right to property", - comments Alla.