The Basic Court of Kotor rejected the lawsuit of the convicted and fugitive head of the Budva criminal group Svetozar Marović who sued his hometown, disputing the decision of the public bailiff according to which the Municipality of Budva takes 239 euros per month from his pension, but also sells real estate in Krimovica and Jaz, which he did not agree to pledge during the conclusion of the plea agreement with the Special State Prosecutor's Office.
The verdict, which "Vijesti" had access to, was delivered by a judge Veljko Bulatović. He obliged Marović to compensate the Municipality of Budva for 14.701 euros of the costs of the litigation within 15 days from the date of finality of the verdict, under the threat of enforcement.
"On November 3, 2021, Marović filed a lawsuit, stating that in accordance with the plea agreement concluded before the Special State Prosecutor's Office, which was verified by the judgment of the High Court on September 12, 2016, he was declared guilty and the judgment obliged him to pay on behalf of the property-legal requested by the Municipality of Budva to pay the amount of 1.096.481 euros within one year from the date of finality of the verdict. The stated amount is secured by a mortgage of the Municipality of Budva on the property recorded in the Property List (LN) 188 KO Prijevor I, LN 81 KO Prijevor I, LN 73 KO Krimovice, LN 357 KO Krimovice, LN 651 KO Prijevor II, LN 307 KO Prijevor II, LN 294 KO Prijevor II and LN 527 KO Prijevor II", it is written in the lawsuit, which "Vijesti" had access to, and which was delivered to the Municipality of Budva.
It is stated that Svetozar Marović and his brother Dragan, in accordance with the judgment of the High Court, in June 2016 issued a pledge statement allowing the registration of the state as a mortgage creditor in order to secure claims on "properties LN 188 KO Prijevor I, LN 81 KO Prijevor I, LN 73 KO Krimovice and LN 431 KO Krimovice".
On the other hand, as written in the lawsuit, Miloš also issued a pledge statement in June 2016, which allowed the registration of the state as a mortgage creditor on "properties LN 307 KO Prijevor II, LN 527 KO Prijevor II, LN 357 KO Prijevor II, LN 411 KO Prijevor II and LN 651 KO Prijevor II".
In June 2018, the public executor passed a decision on the settlement of a debt of 1,1 million euros, and, as stated, by banning cash in banks, two-thirds of Marović's salary and other income, and by listing and selling movable property, as well as on "properties LN 188 KO Prijevor I, LN 81 KO Prijevor I, LN 73 KO Krimovice and LN 431 KO Krimovice".
"However, in addition to real estate burdened by a mortgage, execution is allowed on all real estate that was owned by the mortgage debtor Svetozar and Miloš Marović. The public executor could not allow the execution to be carried out on other immovable properties except those covered by the mortgage, because this renders the mortgage meaningless and causes damage to the mortgagor. Therefore, debt settlement is limited only to the value of the mortgaged real estate and not beyond that. However, the execution is initiated on all immovable properties of the executive debtor (Svetozar Marović), as well as on the funds at his disposal," the lawsuit states.
Marović's legal representatives request that the Kotor court declare the execution determined by the decision of the public bailiff as inadmissible.
In the pesuda of the Court of Kotor, signed by Bulatović, it is written that Marović's allegations that the execution is carried out beyond the mortgaged immovable property are without foundation.
"If the plaintiff (Marović) had voluntarily fulfilled his obligation in accordance with the agreement, there would not have been any enforcement proceedings, so the statements in the part of the decision relating to monetary claims on earnings or pensions are also unfounded, because the public bailiff correctly stated in the decision that he will are exempted from the execution of income based on the legal maintenance of compensation for damage caused by damage to health or reduction, i.e. loss of working ability..." the judgment reads.
It was further stated that the enforced creditor (Municipality) can demand from the public executor to undertake all actions in the enforcement procedure without restrictions or condition the undertaking of certain actions with his prior consent.
"If the means and objects of execution are not specified in the proposal for execution, the public bailiff carries out the execution with the means and objects that he considers to be the most effective and that will ensure the most favorable settlement of the enforcement creditor", it was clarified.
Marović was arrested in December 2015, and the following May he was released from Spuša prison after pleading guilty and concluding an agreement verified by the High Court.
He made his way to Belgrade, since when "every trace" of him is lost, because the Serbian state institutions allegedly cannot find him. Montenegro issued a warrant for Marović and repeatedly demanded that he be extradited.
The main sentence, by which the elder Marović was sentenced to a single prison sentence of three years and nine months, expires absolutely on October 10, 2026.
His son Miloš has been a free man since September 17 of last year and the arrest warrant for him was withdrawn, after his sentence in Montenegro expired.
They are paying the debt of 800.000 by selling the property of Dragan Marović
The municipality of Budva intends to collect 793 euros, which is the amount left to pay the local administration in the name of the plea agreement and the court verdict of Svetozar Marović, by selling the property of his own brother Dragan Marović.
Public executor Branka Samardžić, at the request of the Municipality of Budva, issued a decision on execution, which provides for the sale of the property that Dragan Marović pledged in the name of his brother's debt.
The elder Marović concluded a plea agreement before the Special State Prosecutor's Office, which was then headed by Milivoje Katnić, and undertook to compensate 1.096.481 euros in the name of property benefits acquired by the organized group that he managed. After the complete property that he offered as a guarantee was sold, the value of which was estimated by SDT at 1,09 million euros, the Municipality collected only 300 thousand.
The execution will be carried out by selling the real estate of Dragan Marović on Jaz - half of two plots of 1.013 and 589 square meters. The decision was also issued for a meadow of 1.274 square meters, a pasture of 615 square meters and a forest of 2.190 square meters in Krimovica, where Dragan Marović is registered as the owner of a quarter. The sale of property in the village of Krimovica is also planned, where the younger Marović is the owner of an eighth of a meadow of 1.311 square meters, cottages of 51, 68, 89 and 107 square meters, a meadow of 249 square meters, a pasture of 182 and 250 square meters and a forest of 3.115 square meters.
Dragan Marović disputed the decision on execution made by the executor, which provided for the sale of his property.
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