Subject of Dispute: Claim for Release of Real Estate from Seizure Imposed by a Private Executor
Main Arguments of the Court:
1. The plaintiff filed a claim to remove the seizure from real estate that was mortgaged by the defendant.
2. The court established that the seizure was imposed in the interests of PJSC CB “PrivatBank”, but the plaintiff did not involve the bank as a defendant, which is a procedural violation.
3. The Supreme Court considers that it is impossible to resolve the issue of canceling the seizure without involving all parties in whose favor the seizure was imposed.
Court Decision: Deny the claim due to filing the claim against an improper defendant, modifying the reasoning part of previous court decisions.
