Legal tip 1315. NEW! MANILVA COSTA S.A. - BANK ACTION WON IN FIRST INSTANCE COURT AGAINST CAIXABANK S.A. FOR A BUYER AT JARDINES DE MANILVA
Tuesday, August 4, 2015 @ 10:31 AM
MANILVA COSTA S.A. - BANK ACTION WON IN FIRST INSTANCE COURT AGAINST CAIXABANK S.A. FOR A BUYER AT JARDINES DE MANILVA
Notification sent today to our client who had reserved an off-plan property from the developer, MANILVA COSTA S.A. at JARDINES DE MANILVA informing them that their case had been won in the First Instance Court.
Re: YOUR CASE AGAINST CAIXABANK S.A.
PO: xxx/2013
Please find attached Sentence No. xxx/2015 from the First Instance Court No.4 Estepona.
Your case against CAIXABANK has been won.
The final paragraph of the First Instance Sentence delivered on 20 July 2015 and notified on 24 July 2015 states:
“Fully estimating the Lawsuit and condemn CAIXABANK S.A. to pay to XXXXXXX & XXXXXXXX the amount of XXX,XXX Euros, as well as the payment of statutory interest in the manner expressed in article 4 of this Sentence. And expressly impose the costs of this procedure on the defendant”
So your Lawsuit has been fully estimated. CAIXABANK is sentenced to refund to you the amount of XXX,XXX Euros plus legal interest from the date you paid the amounts to the developer increased by 2% from the date of the Sentence until complete payment to the Court.
The Judge is of the opinion that although you did not receive an Individual Guarantee, Caixabank has a liability to refund your off-plan deposit due to the General Guarantee it issued to Manilva Costa S.A. for the Jardines de Manilva development in accordance with LEY 57/1968.
Costs of the First Instance Proceedings are imposed on CAIXABANK.