| Courtcase - brief overview |
| Monday, 03 August 2009 11:47 |
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There are no translations available. INTRODUCTION TO THE OWNERSHIP CASE - Still runningThrough the last past years there has been a conflict between Kim Schmock and Natha Yogacenter concerning the ownership of the property located on Møngevej 11, 3210 Vejby, in daily terminology called Bhoga. Since the acquisition of Bhoga in 2000, Natha yoga center has invested a lot of resources in the place, economic as well as human to build up the place, to run it and to continually improve the facilities so it could be used as Nathas course and retreat center. The formal owner of Bhoga, Kim Schmock had always said that he did not wish anything more than the expenses he had covered in the acquisition. In 2002 he signed a contract about this arrangement. Natha has during the years acted in full trust to the agreement and when Kim Schmock in the autumn of 2005 wishes to move from Bhoga he also sticks to the agreement. Sadly he deviates more and more in a couple of months from the original terms of Nathas taking over the premisis, so that his final sales offer was completely unacceptable for Natha, who had already invested 1,4 million kroner in the place, put in ca 20000 voluntary working hours to improve the buildings and facilities and who had supported the project in all kinds of ways. Therefore there is a courtcase running about the ownership of Bhoga. FIRST BAILEFF CASEAll of a sudden in the spring 2006, after the negotiations had broken down, Kim Schmock demanded that Natha pay 27000 kr per month in rent according to a contract that had already been terminated at a board meeting in Natha in the spring of 2004, a meeting in which Kim Schmock himself had participated. He demanded that unless Natha payed according to the (terminated) contract he would terminate the contract and throw people on the street. The case ended in the Baileff court, where Kim denied ever having been in Nathas board which is a complete untruth. Kim Schmock proves this himself in an interview with "Den Nye Dialog" from August 2006 which has the headline "Natha leader speaks out"!!! Inumerable witnesses, documentation and money flow etc prove that the renting agreement between Natha and Bhoga ApS was terminated in 2004, and thereafter the inhabitants of Bhoga have run the place and covered all the costs. SECOND BAILEFF CASEIn February 2007 the baileff court in Helsingør determined whether Kim Schmock as he claimed, rented Bhoga to Natha or to individual renters. The inhabitants of Bhoga won this case as baileff judge Lotte Tvilling assessed that the case was so complicated that it was not for a baileff court to decide whether or not the inhabitants could be kicked out or not. Such a decision should be based on clear renting agreements which obviously cannot exist when the ownership question itself is uncertain |
