The real estate scandal Parc Residence Alpha from Alba Iulia: The judicial administrator demands in court the annulment of the preliminary contract by which Ovidiu Jidveian took 6 million euros from the company

The judicial administrator of the company Parc Residence Alpha SRL Alba Iulia, a company involved in a huge real estate scandal, requests in court the cancellation of a pre-sale-purchase contract concluded by the former administrator, Ovidiu Jidveian, in 2019.

Through the action registered at the Alba Court, the judicial administrator requests the court to declare the absolute nullity of the document dated October 31, 2019, concluded between Jidveian and his grandmother, the owner of the land on which the two housing blocks in Alba Iulia were built.

The value of the preliminary contract was 6 million euros, an amount that Ovidiu Jidveian took out of the company based on it. The judicial administrator also demands that he be obliged to return the money and to establish the ineffectiveness of the pre-contract, “its clauses being rendered ineffective by the conclusion of the authentic sales contract”, concluded later and authenticated by a notary.

Construction permit, prior to the conclusion of the contract

“In the motivation of the request, it is stated that through the pre-sale-purchase contract dated 31.10.2019, the deceased (Ovidiu Jidveian’s grandmother – no) was obliged to sell SC Parc Residence Alpha SRL after the unification of the buildings registered in the CF (…) and in the CF 74978 (…), as well as after obtaining a building permit, the authorized project to build collective housing with commercial spaces on the ground floor, with the necessary approvals and permits, with a total built area of approx. 8,000 square meters in exchange for a price of approximately 6,000,000 euros that will be determined upon obtaining the construction permit and will be approximately 6,000,000 euros.

First of all, the contract has a illegal cause, since the immediate and determining purpose for which it was concluded is to illegally remove the sum of 6,000,000 euros from the company based on a fictitious, illegal justification and which does nothing but diminish the company’s patrimony in exchange for the enrichment of its administrator.

As it follows from the content of the pre-contract, both parties knew that it was an illegal case because they had foreseen the fact that the price would be determined upon obtaining the building permit and would be approximately 6,000,000 euros.

Read also: The business led by Ovidiu Jidveian, Parc Residence Alpha – millions of euros taken out of the company and loans without documents

The challenged pre-contract was drawn up on 31.10.2019 and the authorization referred to in the content of the contract was issued on 15.10.2019, so before the conclusion of the challenged contract”, it is stated in the action filed at the court.

According to the judicial administrator, “certainly, the pre-contract was concluded to avoid the natural registration in the company’s accounting of the sums of money as was mandatory and necessary and with the intention of removing the money from the company under a specific title for the purpose of personal enrichment and illegal of the administrator Jidveian Ovidiu”.

“As long as the time at which the deed was concluded, its object and the price to be determined refer to the time of obtaining the construction authorization (deed issued prior to the conclusion of the preliminary contract), it is clear that the intention was to circumvent the legal provisions and public order”the document claims.

The plaintiff states that “the administrator of the company, through the power of attorney given by the deceased (…) within the same document, raised money from the company, 6,000,000 euros, without a legal justification, without this being the price determined in the pre-contract and in collaboration with the deceased , who, in addition to the fact that she also knew the date of issuance of the building permit, authorized her nephew to collect on her behalf the countervalue of the contested pre-contract, i.e. 6,000,000 euros”.

How answer what two defendants

The two defendants, Ovidiu Jidveian and his mother, request the rejection of the action because “is in the presence of an act concluded under the conditions of a continuously developing market economy, which responded to the demand of the real estate market which is constantly growing in our locality”.

It also requests the rejection because the action would be late, given that the law provides for the possibility for the judicial administrator to file actions with the syndic judge for the annulment of the debtor’s fraudulent acts or operations, which took place in a period of two years prior to the opening of the procedure.

“The pre-contract which was challenged by the action in this case was concluded on 31.10.2019, and the opening of the insolvency procedure took place on 1.11.2023, so after three years from the date of conclusion of the act.

Since the legislator understood to restrict the scope of acts whose annulment can be requested only to those concluded within a limited and expressly provided period, and the contract in dispute is not limited to this period, it is obvious that we are in the presence of an inadmissible action, while a mandatory condition that allows the exercise of this action is not fulfilled in this case”, it is specified in the welcome.

Read also: The protests related to Ovidiu Jidveian’s business, Parc Residence Alpha, move before the Alba Tribunal

“The cause of such an agreement is perfectly lawful and moral because none of the legal provisions invoked by the plaintiff justify the assessment of the cause of the contract as illegal or immoral, on the contrary, these invoked legal norms refer only to the definition of the cause and the indication of the sanction for the situation in which this is illegal or missing.

We are not on the basis of a fictitious justification of the payment of sums of money from the company’s accounts, because the obligation assumed by the promising seller was to alienate what in doctrine and practice is called know-how, respectively the technical experience resulting from the construction project, an extensive, expensive work and especially different from everything that was done locally, over which the promising seller held the intellectual property right, but also the authorization for the realization of this project”, it is also stated in the answer of the defendants.

They claim that “the circumstance that the price was indicated only approximately is not likely to lead to the idea of an illegal cause, on the contrary, it could be determined by the parties in the future, and the aspect related to the date of the construction authorization is also totally irrelevant regarding a cause alleged to be illegal”.

It also specifies that “the payments made on the basis of the pre-contract were established by the parties, precisely the power of attorney given by the promisor seller to the defendant to collect these amounts from the company, certifying that this price was determined or at least determinable”.

Read also: The insolvency procedure for Parc Residence Alpha SRL has started. The real estate developer has debts of almost 10 million euros

The First Civil Section of the Alba Court, after analyzing the documents submitted to the file, decided on April 17, 2024, that it is not competent to judge the case and ordered the refusal of jurisdiction to settle in favor of the Second Civil Section, for Administrative Litigation , Fiscal and Insolvency.

The file regarding the insolvency of the company Parc Residence Alpha SRL will have its next deadline on May 8, 2024. In parallel, at the Prosecutor’s Office attached to the Cluj-Napoca Court of Appeal, investigations are being carried out, in rem, in the criminal file opened by prosecutors for the crime of fraud.

On February 22, 2024, 285 injured persons, civil parties or victims were registered in the file.

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Tags: real estate scandal Parc Residence Alpha Alba Iulia judicial administrator demands court annulment preliminary contract Ovidiu Jidveian million euros company