Budva resident Petar Miloš contested the state's registration of a 193-square-meter luxury loft in a building near the Bus Station in Budva, formerly owned by Miloš Marović.
He appealed to the Ministry of Finance against the decision of the Budva cadastre, because, allegedly, Marović owed him 236 euros.
A real estate mortgage was registered on that amount.
The state registered the apartment on March 27, after the judgment of the Appellate Court which confiscated the apartment, because it was proven that Marović acquired it through criminal activities...
The legal representative of Petar Miloš, lawyer Nikola Kavedžić, told "Vijesta" that he filed an appeal against the decision of the Real Estate Administration - Budva regional unit, which allows the registration in favor of the state and deletes the property rights of Marović.
"We are of the opinion that the aforementioned decision of the Real Estate Administration is unfounded," said Kavedžić.
He reminded that the apartment was encumbered - "a mortgage in the amount of 236.000 euros in favor of Petr Miloš, with a prohibition on the alienation and encumbrance of the immovable property without the written consent of the mortgage creditor, with the consent to immediate enforcement without delay after the maturity of the claim".
"The said encumbrance was created in the form of a notarial document on August 22, 2014 based on the loan. In addition to the fact that, according to the Law on the State Survey and Real Estate Cadastre, a registered encumbrance in the form of a mortgage has priority over later registered encumbrances and claims, which is clearly defined in Article 12 of the aforementioned law, Petar Miloš's mortgage is such that, due to its characteristics, it prevents the registration of property rights, since it clearly states in its encumbrance - 'prohibition of encumbrance and alienation without the written consent of the mortgage creditor'. The first-instance authority, nor the applicant, did not invite Petar Miloš to make a statement, nor did they receive written consent from him to alienate the subject immovable property, which makes the decision unfounded," stressed Kavedžić.
He states that "Petar Miloš can finally settle his claim in the enforcement procedure by evaluating and selling the said apartment, bearing in mind the mentioned legal provision", regardless of the fact that the state registered.
Petar Miloš, a friend and former business partner of Miloš Marović, also requested forced collection earlier, and the public executor issued a decision on enforcement, which was entered in the real estate register on March 17.
On March 1, the Court of Appeal confirmed the High Court's verdict and permanently confiscated the attic from Marović. At the beginning of December, the Higher Court in Podgorica permanently confiscated the apartment from the convicted Miloš Marović, for which the evidence of the Special State Prosecutor's Office was accepted that it was acquired through crime.
It is a part of the duplex of a total of 400 square meters in which Miloš's parents - Svetozar, the fugitive head of the Budva criminal group, and Đorđina - lived until the end of 2015.
The apartment on the fifth floor of 287 square meters, which is registered with the construction company MF invest, in which Miloš has five percent of the founding capital, is connected to the disputed attic of 193 square meters and forms one whole.
Mlađi Marović will be a free man from September 17, because the day before, the prison sentence imposed by the Podgorica High Court will absolutely expire. He remained "obliged" to serve 11 months in prison, which the court verdict required him to do.
Father and son left Montenegro in June 2016 and went to Belgrade, where they live, even though the Montenegrin authorities officially wanted them to serve prison sentences. Svetozar was to be imprisoned for four years.
By order of the Special Prosecutor's Office, Miloš Marović was arrested on December 3, 2015, on suspicion of embezzlement of millions during the sale of land in the Jaza industrial zone.
Just a few days before the end of his 2017-day stay in the remand prison in Spuz, the younger Marović concluded an agreement on the recognition of his crime in early January XNUMX and left his cell.
Miloš admitted that he was part of a criminal group that participated in embezzlement related to the sale of 27 square meters of municipal land in the Jaza industrial zone, which damaged the municipal coffers by 1,4 million euros. He was sentenced to a year in prison and to pay a fine of 385 euros, which he paid.
Immediately after moving to Belgrade, Miloš received Serbian citizenship and submitted a request to serve his sentence in that country. He did not serve his prison sentence.
While staying in Belgrade, in an apartment in Vračar, Miloš lost a large part of his property.
In February last year, the Municipality of Budva took over a hectare of land in Mrčevo polje, in the hinterland of Jaz beach, for 225 euros, at half the estimated price.
By taking over the land, the Municipality collected part of the court fine of 1,1 million euros, which his father undertook to pay.
With the conclusion of the plea agreement, and then with the court verdict, the elder Marović guaranteed his son's land that he would pay the fine, which he has not done to this day.
His defense attorneys claim that he cannot come to Montenegro and serve his prison sentence, because he is undergoing treatment.
Đina was left without a villa, Sveto immediately sold the apartment
Miloš's mother was also left without property - in May of last year, the state registered a luxurious four-story villa in Budva's Babin Do neighborhood, which it confiscated from Đorđina Marović after it was proven that she had built it with the criminal money of her husband and son. Based on the evidence submitted by the Special Prosecutor's Office, the court found that Marović fictitiously sold the villa to Tivat businessman Radojica Krstović.
The court did not believe the testimony of Serbian businessman Stanko Canet Subotić and Isat Boljević that they lent money to Krstović for the purchase of the villa, which was crucial to make the decision on permanent confiscation.
She bought Marović's house in Budva in 2012 for 300.000 euros from the late Miljan Miljanić, and then demolished it and built a villa...
Unlike his son and wife, Svetozar managed to prove that the 90-square-meter apartment near the "Stefan Mitrov Ljubiša" Elementary School was not acquired through crime. Immediately after the court verdict, the apartment was transferred to Budvanka DO, which bought it for 180 euros.
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