Jakarta, 2022. Our firm, representing PT Pembangunan Deltamas, part of Sinarmas Land and Sojitz Corporation, has successfully won a claim on a breach of contract, namely over the assigned loan agreement and conditional sale and purchase agreement.
The main claim by the Claimant, our client, is that the Defendant has violated the payment under the assigned loan agreement. As a consequence, the Claimant seeks to cancel the three related agreements namely the conditional sale and purchase agreement (perjanjian pengikatan jual beli) over the real property, loan agreement, and assignment of power of attorney to sell as well as compensation. The High Court judges admits the claim by arguing that it is proven that the Defendant has violated its obligations under the agreement and therefore, those three agreements should be declared as nullified.
Responding to the decision, our Ivor Pasaribu says, “This decision shows that the assignment of loan agreement from the bank to a developer is acknowledged by the judex facti and hence, giving right to the developer to pursue debtor’s obligation.”
Leks&Co is recommended on commercial dispute resolution by Legal500, asialaw Profiles, and Benchmark Litigation. Benchmark Litigation 2022 mentions, “Apart from its real property vertical, the firm delivers on commercial, insolvency, transportation and labour dispute matters.”
If you have any queries, you may contact us through query@lekslawyer.com, visit our website www.lekslawyer.com or visit our real estate law blogs i.e., www.hukumproperti.com and www.indonesiarealestatelaw.com.
