Subject of the dispute: Claiming a residential apartment from unlawful possession due to the fact that it was alienated from the plaintiff’s ownership against her will.
Main arguments of the court: The court established that at the moment of the initial case review, the defendant PERSON_2 was the owner of the apartment, but during the appellate proceedings, the apartment was donated to a minor PERSON_7. The appellate court concluded that the claim cannot be satisfied against PERSON_2, as he is no longer the owner of the property. The Supreme Court agreed with this conclusion, noting that the plaintiff has already filed a new lawsuit against the new owner of the apartment in a separate case.
Court decision: To leave the cassation appeal without satisfaction, the appellate court ruling – unchanged.
