The case concerns the recognition of property rights to an apartment in an unfinished residential building.
Main arguments of the court:
1. PERSON_1 in 2012 entered into a preliminary agreement with LLC “Social Youth Initiative” and fully paid the cost of the apartment (459,328 UAH).
2. The developer has not fulfilled its obligations – the building has not yet been put into operation, despite the fact that more than 10 years have passed since the contract was signed.
3. The court applied established judicial practice, according to which in the case of full payment by the investor and non-fulfillment of obligations by the developer, an effective method of protection is the recognition of property rights to the investment object.
Court decision: fully satisfy the claim of PERSON_1 and recognize property rights to the apartment.
