Subject of Dispute: Removal of Obstacles in Using a Residential Premises by Settling the Plaintiff into a House Belonging to His Mother and Daughter.
Main Arguments of the Court:
1. Previous instance courts improperly examined evidence and case circumstances, in particular, they did not interrogate the defendants as witnesses and did not provide a motivated assessment of all submitted evidence.
2. Change of real estate ownership does not automatically terminate the right to use such property acquired in the manner prescribed by law.
3. Courts did not establish the presence or absence of obstacles in using the residential house and did not verify the proportionality of interference with the plaintiff’s right to housing.
4. The courts did not maintain a balance of interests of the dispute parties and did not provide a proper assessment of all case circumstances.
Court Decision: Revoke the decisions of previous instances and refer the case for a new review to the court of first instance for a complete and comprehensive investigation of circumstances.
