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Case No. 643/3012/20 dated 22/01/2025

The court was guided by the fact that the territorial community is not the owner of the inherited property and has no grounds for its recovery as a non-possessing owner. By analogy with the law (Article 1280 of the Civil Code of Ukraine), in the case of alienation of inherited property to a bona fide acquirer, the territorial community has the right only to monetary compensation for its value, but not to recovery of the property in kind. Also, the claims for declaring the purchase and sale agreement invalid and canceling registration records are inappropriate methods of protection.

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