Here is the translation of the legal analysis:
1. Subject of Dispute: Recognition of the mortgagee’s (PrivatBank) right to real estate and foreclosure of the mortgaged property due to the debtor’s failure to fulfill credit obligations.
2. Main Arguments of the Court:
– The credit agreement from 2007 remains valid, the debtor has not fulfilled their obligations
– Alienation of property occurred without the bank’s consent, which indicates the bad faith of the defendants
– The mortgage remains valid regardless of changes in property ownership
– The bank became aware of the violation of its rights only in September 2021, therefore the lawsuit was filed in a timely manner
3. Court Decision: To refer the case for a new review to the appellate court for additional examination of the circumstances of debt calculation.
Note: The court deviates from previous practice regarding the assessment of statute of limitations and debt calculation.
