1. The subject of the dispute is the recovery of a land plot and a residential building from someone else’s illegal possession.
2. The court of first instance granted the claim, since the property was disposed of from the plaintiff’s possession through invalid electronic auctions. The court of appeal reversed the decision in the part of the claim for the house, considering that the plaintiff did not acquire ownership of it, since the house was not put into operation. The Supreme Court, overturning the decision of the court of appeal, noted that the house was built on a land plot owned by the plaintiff on the basis of relevant permits, which was known to the defendant. In addition, at the time of application to the court, the house had already been put into operation and registered to the defendant, which makes it impossible for the plaintiff to acquire ownership in any other way than by claiming the property through the court. The court also emphasized that the defendant is not a bona fide acquirer, since he knew about the existence of the house on the plot even before the acquisition.
3. The Supreme Court overturned the постанову (ruling, decision) of the court of appeal and upheld the decision of the court of first instance to grant the claim.
