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Demand for Property Deed in León, Guanajuato

This document describes a lawsuit filed before a judge to demand the fulfillment of a purchase agreement for a house made in 1996 and the signing of the corresponding public deed. The lawsuit is filed against the University of Guanajuato in its capacity as executor of the person with whom the original contract was made.

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42 views5 pages

Demand for Property Deed in León, Guanajuato

This document describes a lawsuit filed before a judge to demand the fulfillment of a purchase agreement for a house made in 1996 and the signing of the corresponding public deed. The lawsuit is filed against the University of Guanajuato in its capacity as executor of the person with whom the original contract was made.

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LIC.

OFELIA ALDACO FRAUSTO


H. JUDGE OF THE FIRST CIVIL COURT
FROM THE PARTY, IN LEÓN, GUANAJUATO.
P R E S E N T:
Ordinary Civil Trial
EXP. C-400/2023

LIC. RAUL RODRIGUEZ GUTIERREZ, judicial representative of the


acting party, a character that I have recognized within the proceedings that
they integrate the Trial that is listed in the heading, before you, with due respect

I appear to present:

That, by means of this written document, whenever,


final ruling dated January 29 of this year, within the
third resolution, the proper practice of the summons was ordered to
RODRIGO FUENTES DE ALBA and every time through official letter 1291 the Lic.

Luis Gabriel Borja Rodríguez, judge of the Eighth Civil Court of the Party,
I inform you that it is filed under case number C-
174/2017, Intestate Succession Trial for the assets of RODRIGO
FUENTES DE ALBA, informing that the person holding the position of executor is

the UNIVERSITY OF GUANAJUATO, for the purpose of giving due


compliance with the mentioned ruling, I hereby come to expand the initial writing of

demand in the following terms:

APPLICATION OF DEMAND

That, by means of this document, based on what


established in numerals 1741 and 1781 of the Civil Code for the state
of Guanajuato, in the ORDINARY CIVIL COURT, exercising the ACTION
PROFORMA, in compliance with the PRIVATE CONTRACT OF
PURCHASE AND SALE, and GRANTING OF PUBLIC DEED, I come to
sue the UNIVERSITY OF GUANAJUATO in the capacity of EXECUTOR
from the Cujus RODRIGO FUENTES DE ALBA, within the file C-
174/2017, filed in the Eighth Civil Court of the District, based in
in León, Guanajuato, who has his residence to be duly
summoned to trial the located at PEDRO LASCURAIN STREET
RETANA #5, ZONA CENTRO, IN GUANAJUATO, GUANAJUATO, to whom
I claim the following:
CAREER and the undersigned, regarding the residential house marked with the

number 902, block 7, quarter 15, on Honda Street in San Miguel, at


the colony Independencia of this city of León, Guanajuato, whose data
I will describe them later.

SECOND: The signing of the sales deed and registration in


the Public Property Registry of the final judgment in which
declare the action admissible, in order for it to take effect against third parties and

serve as my title of property.

THIRD: The payment of the expenses and costs incurred as a result of


of the present trial.

I base myself for this purpose on the following background, point of


facts and legal considerations.

FACTS

FIRST: On February 8, 1994, [Link] OLIVA


CARRERA and the undersigned, we celebrate the sales contract, regarding
to the dwelling marked with the number 902, block 7, section 15,
from Honda Street in San Miguel, Independencia neighborhood of this city
León, Guanajuato (annex 1), which has an area of
87.15 m2, with the following measurements and boundaries:

TO THE NORTH: A broken line that runs from East to West in


26.00 meters, breaks to the north at 4.70 four meters and seventy
centimeters, break to the west at 7.35 seven meters with thirty-five
centimeters with Antonio Bravo.

SOUTH: 33.35 thirty-three meters and thirty-five centimeters with


property of María Cruz Sánchez

TO THE EAST: 1.60 one meter sixty centimeters with Honda street
of San Miguel.

TO THE WEST: 6.10 six meters with ten centimeters with property
by Humberto Fuentes.
and as can be seen in the clause marked with number 3,
amount delivered at that moment and in cash, to Mr. BENJAMIN
Olive Race.

So at that moment the now defendant gave me the


real, material and legal possession of the residential house marked with the
number 902, block 7, quarter 15, of Honda street in San Miguel,
Independence colony of this city of León, Guanajuato,
subscribed to the possession from that date until today, which I have had.
and have enjoyed as an owner, publicly, peacefully,
continues and in good faith, what at the appropriate procedural moment

I will be duly accredited.

THIRD: within the sixth clause of the aforementioned


verbal sales contract we also agreed that Mr.
BENJAMIN OLIVA CARRERA would grant me the corresponding deed,
an event that has not occurred until today.

FOURTH: In that act, Mr. BENJAMIN OLIVA CARRERA, me


I show the complete property deed and the notarized power of attorney which
he indicated that he could celebrate the verbal sales contract, in that
He also informed me that the residential house subject of the contract
verbal sale, it was free of encumbrances or claims
any that would cancel or vitiate the sale.

FIFTH: Now this Honorable Court must not overlook that the undersigned
I have the material possession of the property acquired through the contract of

purchase and sale celebrated with Mr. BENJAMIN OLIVA CARRERA, since
being known as a person of my word, I hand over said possession
for the above mentioned, only pending the
corresponding writing, that is why I now demand from Mr.
BENJAMIN OLIVA CARRERA, in his capacity as legal representative of the Mr.
Rogelio Fuentes de Alba, due to the fact that the defendant today had

knowledge of the contract I entered into as a buyer.


FROM THE FUND of the matter the numerals 1741, 1748, 1781,
1782, 1791, 1814 to 1817 and other applicable provisions related to the specific case,

from the Civil Code for the State of Guanajuato.

OF THE PROCEDURE I base myself on numerals 168, 169, 170,


175, and other applicable regulations of the Code of Procedures
Civilians for the State of Guanajuato.

TESTS

Based on the provisions of articles 82, 83, 84, 96, and 132,
of the current Civil Procedural Code for this State, I offer my intention
the following pieces of evidence:

THE PUBLIC DOCUMENT: Consisting of the private contract of


purchase and sale dated May 5, 1996, the same which I celebrated with the
C. BENJAMIN OLIVA CARRERA, in his capacity as legal representative of C.

Rodrigo Fuentes de Alba.

For the above reasons and based on


To YOU C. JUDGE, I respectfully request:

FIRST. -I am to be considered as formally filing a complaint with the

written present, in exercise of CONTRACT COMPLIANCE OF


BUY AND SELL, in the proposed manner and form, against the now
defendant, BENJAMIN OLIVA CABRERA.

SECOND. - The complaint is accepted in its terms and ordered.


summon the defendant to respond within the term.
of the corresponding Law, what is convenient for its legal interest.

THIRD. - I am to be considered as the address for receiving


and hear all kinds of notifications, summons, and documents mentioned in
the preamble of this request, as well as authorizing to hear and receive them
to the individuals mentioned in it.
FIFTH. - The now defendant is condemned to grant and sign
from the public deed derived from the verbal purchase agreement
regarding the property mentioned, which I celebrate with him, even with the
warning that, if you do not do so, you Judge will do it in defiance of
said demand.

I PROTEST WHAT IS NECESSARY


León, Guanajuato as of the date of its presentation.

LIC. RAUL RODRIGUEZ GUTIERREZ.


Judicial Mandatary.

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