Subject of Dispute: Invalidation of Purchase and Sale Agreements and State Registrations of Property Ownership for an Apartment.
Main Arguments of the Court:
1. The court established that property ownership rights for one apartment have been registered for two persons – PERSON_1 and PERSON_2 with different registration numbers.
2. Property rights to the apartment for PERSON_2 arose earlier (January 12, 2006) than for PERSON_4 (January 12, 2017), but PERSON_4 registered the ownership right earlier – on September 17, 2018.
3. The court discovered a number of procedural and substantive violations in the registration of property ownership, in particular, that the agreement on the procedure for buying out the share between OK “Granit” and PERSON_4 was actually not concluded.
Court Decision: The Supreme Court canceled previous court decisions and referred the case for a new review to the court of first instance for a detailed examination of the case circumstances and establishing the actual circumstances of acquiring property ownership for the apartment.
