Subject of Dispute: Eviction of PERSON_2 and her minor children from an apartment owned by PERSON_1 following foreclosure on the mortgage subject.
Main Arguments of the Court:
1. The court established that the defendants moved into the apartment after the mortgage agreement was concluded without the mortgagee’s permission, which violates the requirements of Article 9 of the Law of Ukraine “On Mortgage”.
2. The mortgagor guaranteed upon contract execution that the transfer of property into mortgage would not violate the rights of third parties, including minors.
3. The registration of the defendants’ place of residence occurred contrary to the mortgage agreement terms and without the apartment owner’s consent.
Court Decision: The Supreme Court reversed the decisions of previous instances and referred the case for a new hearing to finally resolve the eviction issue.
