Subject of Dispute: The apartment owner challenges the purchase and sale agreements and attempts to recover the apartment, claiming that the agreements were concluded without her will.
Main Arguments of the Court:
1. A forensic handwriting examination proved that the signature on the purchase and sale agreement dated November 29, 2019, does not belong to the apartment owner.
2. The agreement is deemed unexecuted, as the owner did not sign it and did not express her will to conclude it.
3. The court deviates from previous practice and indicates that an unexecuted transaction cannot be declared invalid but must be refuted during the resolution of the main dispute.
Court Decision: Partial satisfaction of the claim – denial of invalidating the agreement, but satisfaction of the claim to recover the apartment ownership.
