Properties in Old Corralejo

[TamaraEnLaPlaya]

Tamara - I can't find a previous thread on this, perhaps it was in the Dark Side. Basically a guy screwed loads of genuine owners of the original houses in the old part of Corralejo, when the houses first needed to be registered. He registered in his or his companies names, basically stealing these houses, and the rightful owners have had a long and costly fight to reclaim what is rightfully theirs.

Noticias:

The residents of the Old Town of Corralejo celebrate a new judicial victory

"There are already 118 sentences issued by the Courts, all of them favorable to the residents of Corralejo"



As stated in a press release, the Neighbors of the Old Town of Corralejo have once again won in court the right to property of one of their houses, stating that "in this case, it is a house owned by Mrs. INMACULADA FUENTES CURBELO and Mr. VALERIANO UMPIERREZ GONZÁLEZ, located on La Milagrosa Street, number 39, on which DON JOSÉ MANUEL JIMÉNEZ DEL VALLE, through one of his companies, DELVAL INTERNACIONAL, S.A., carried out an urban operation, as if it were a plot that he had acquired by the purchase of a registered property of greater capacity in the Locality of Corralejo ".



The house in question, say the press release "was a house of a lifetime, built by the parents and in-laws of the current owners, intending, with it, to snatch their houses, as he had already intended with more than numerous houses of neighbors of the town ".



"The judge of the Court of First Instance and Instruction No. 5 of Puerto del Rosario, Dª. Mª Teresa del Pino Hernández Andrea, has fully upheld the claim filed by the lawyer D. Sebastián Socorro Perdomo, recognizing that the actors were legitimate owners of the disputed dwelling, ordered, in addition, that the Property Registry of Corralejo proceed to the registry rectification, configuring the property as a new independent property, adapting it to its real situation and not to the one artificially created by Mr. Jiménez del Valle ", explains the statement.



Judicial results



So far, ONE HUNDRED EIGHTEEN (118) judicial resolutions favorable to the residents of the fishing village of Corralejo have been issued, the detail by Court being the following:


Court of First Instance of Puerto del Rosario: fifty-six (56). Provincial Court of Las Palmas: forty-three (43). Supreme Court: Nineteen (19).

[TamaraEnLaPlaya]

and another result!

Radio Sintonia:

4 years in prison for a crime of fraud in the old town of Corralejo.

The Committee of Affected of the Old Town of Corralejo has referred, through a statement to Radio Sintonía, that the prosecution requests 4 years in prison for the former president of the Port Authority. According to the platform, Luis Hernández Pérez, "with the intention of profiting", sold a house of a neighbor of the town of Corralejo.



The committee explains that it is the house of the town of Corralejo, popularly known as "the house of the hunters", house with almost a century old, in which, D. Luis Hernández Pérez, acting as agent of the Mercantile TRADING DEVELOPMENT FUERTEVENTURA, S.L., falsely attributed the property despite being aware that it belonged to its legitimate owners, having been expressly declared in final judgment in judicial proceedings in which Mr. Hernández intervened through another entity of which he was Administrator BLOQUE CANARIOS, S.L.

Having full knowledge of the judgment handed down on July 31, 2013, in Ordinary Procedure No. 394/2003, of the Court of First Instance No. 2 of Puerto del Rosario, confirmed by the Provincial Court of Las Palmas de Gran Canaria on July 21, 2016, since he was sued as sole administrator of the entities "Bloque Canarios, S.L." and "Trading Development Fuerteventura, S.L.", in which it was declared that the residents of the old town of Corralejo were the legitimate owners of the house, Mr. Luis Hernández Pérez transfers the property to another company of his, PARQUES ENERGÉTICOS CANARIAS, S.L., of which he happens to be its sole Administrator, by dation in payment of an alleged debt, in order to artificially create the figure of third party in good faith registry and oppose such condition to its legitimate owners.

Thus, before the complaint filed by the neighbors in the courts for what happened, the Prosecutor Dª. María Teresa Espino Sosa recently filed an indictment against Mr. Luis Hernández Pérez, informing that the facts reported in the Abbreviated Procedure 828/2019 are constitutive of a crime of fraud provided for and punished in article 251.1 of the Criminal Code or, alternatively, of a crime of lifting of assets of article 257.1, ordinal 2º and 4 in relation to article 250.1, paragraph 5 of the Code itself, and, therefore:



"It is appropriate to impose on the defendant for the crime of fraud the penalties of FOUR YEARS OF IMPRISONMENT, SPECIAL DISQUALIFICATION FOR THE EXERCISE OF THE RIGHT OF PASSIVE SUFFRAGE DURING THE TIME OF THE SENTENCE and costs. Alternatively, it is appropriate to impose on the accused, for the crime of lifting of property the penalties of IMPRISONMENT OF FOUR YEARS, SPECIAL DISQUALIFICATION FOR THE EXERCISE OF THE RIGHT OF PASSIVE SUFFRAGE DURING THE TIME OF THE SENTENCE, FINE OF TWENTY-ONE MONTHS at the rate of a daily fee of ten euros, with subsidiary personal liability in case of non-payment, in accordance with the provisions of article 53 of the C.P. and costs."

[TamaraEnLaPlaya]

Radio Sintonia:

New sentence in favor of those affected by the Old Town of Corralejo.

The Committee of Affected of the Old Town of Corralejo has transferred, through a statement, that the Court has issued a new sentence in favor of a neighbor of the old town of Corralejo, raising to 120 the judicial results. According to the committee, "it is the house of 29.14 square meters, located on La Iglesia Street, number 8 of Corralejo, owned by the Hereditary Community MORERA PEÑA".



In this statement, the committee of Affected People of Casco Viejo states the following:

"The judge of the Court of First Instance and Instruction No. 7 of Puerto del Rosario, Dª. Mª Elsa García Vallina, fully estimates the demand drafted by the lawyer D. Javier Medina Medina, recognizing the actors as legitimate owners of the disputed dwelling, agreeing, in addition, the rectification of the surface of the registered property 951, configuring the property as a new independent property, a property that is legally in the name of the Company that administers Mr. José Manuel Jiménez del Valle, DELVAL INTERNACIONAL, S.A.

The declaratory action of ownership of the plaintiff was based on proving a usucapión against tábulas, basing its arguments on the extra-registry reality that prevails over the registry because the requirements for the ordinary acquisitive prescription against tábulas are met by having fair title of property.

DELVAL INTERNACIONAL, S.A., opposes the interest of the heirs MORERA PEÑA and alleges that the farm 951 of Corralejo has 3 square meters of surface left in the Property Registry so it can hardly give what it does not have, and considers that the judge can not authorize an extension of the registration property so that the actor "legalizes" the meters that he once occupied without any title.

To support the consideration of legitimate owner, the heirs provide sufficient documentary evidence where they prove the succession title by which they are entitled to action in these proceedings. To justify the legitimate possession, as owner, continuous, peaceful and uninterrupted, the plaintiff provides a construction and work license, dated June 4, 1981, by Ginés Morera to build a room of dispossession on the roof of his house in Corralejo, Calle La Iglesia, as well as proof of payment of the municipal license in the amount of 3,000 pesetas. Also attached to the demand is certification of registration in the Consortium, dated June 17, 1981, and the subscription policy for the supply of electricity for the year 1982, as well as all the receipts of payment of the IBI in the name of D. Ginés from 1990 to 2020.

They are also provided in the judicial file, to demonstrate the bad faith with which Mr. JIMÉNEZ DEL VALLE has acted, not only in this case but in many historic houses of the town of Corralejo, numerous sentences issued by the judicial district of Puerto del Rosario, sentences issued by the Provincial Court of Las Palmas de Gran Canaria and Cars of the Supreme Court that give the reason to the neighbors of the town in processes identical to that formulated in this case.

Regarding the defendant, the judge indicates that he only provides evidence aimed at proving representation in the trial.

In addition, the judgment states that when DELVAL INTERNACIONAL, S.A., bought the disputed farm 951, it did so with the perfect knowledge that that farm comprised the entire old town of Corralejo, composed of a plurality of houses that were not recently built and that had been occupied, as owner, for decades, by the fishermen and neighbors of said old town although they were not registered.

It was a notorious fact that the houses were not registered among all the residents of the town, among which was the administrator of DEVAL INTERNACIONAL, S.A. and SINCRONÍA 99, S.L., D. JOSÉ MANUEL JIMÉNEZ DEL VALLE, neighbor for almost two decades of the town of Corralejo (according to the sentence of the Provincial Court of Las Palmas it is indicated that it is since 1988), being evident to him that although the farm was called "old town of Corralejo", and comprised the entire surface of said helmet, it did not include the ownership of the buildings, built and owned as owners by neighbors of the area, who were owners of the buildings they owned even if they did not have their right of ownership registered in the Property Registry.

From the evidence practiced, the judge concludes that the disputed property belongs to the heirs MORERA PEÑA, and that DELVAL INTERNACIONAL, S.A, once again, is considered third party mortgage in bad faith having had full knowledge, before buying the well-known farm 951, that in the houses of the old town of Corralejo lived its owners, by living with them for more than 40 years and, consequently, he is ordered to pay the costs of the proceedings".