Here is the translation:
1. Subject of Dispute: Invalidation of the purchase and sale agreement for a non-residential premises that was transferred as a mortgage, and cancellation of state registration of ownership rights to this premises.
2. Main Arguments of the Court:
– The mortgagee (bank) did not send proper notification to the mortgagor 30 days prior to selling the mortgaged property, which violates the requirements of the Law “On Mortgage”.
– However, improper notification by itself is not grounds for declaring the purchase and sale agreement invalid if other legal requirements were met.
– The appellate court superficially examined the evidence and did not provide proper legal assessment of the case circumstances.
3. Court Decision: The Supreme Court cancelled the appellate court’s resolution and referred the case for new consideration to the appellate court for comprehensive and thorough investigation of circumstances.
Note: The court deviated from previous practice of automatic invalidation of mortgage property purchase and sale agreements due to formal notification procedure violations.
