1. The subject of the dispute is the recovery of unjustly acquired funds, three percent per annum, and inflation losses due to the nullity of the preliminary apartment sale agreement.
2. The court of cassation agreed with the conclusions of the courts of previous instances that the preliminary apartment sale agreement is null and void due to the lack of notarial certification, and therefore, the funds transferred under this agreement are subject to return as unjustly acquired. The court noted that since the preliminary agreement is null and void, the defendant had an obligation to immediately return the funds to the plaintiff, and in connection with the delay of this obligation, 3% per annum and inflation losses were rightfully recovered. The court also noted that the provisions of paragraph 18 of the Final and Transitional Provisions of the Civil Code of Ukraine, which exempt from liability for delay in monetary obligation, do not apply to these legal relations, since they are not related to the provision of a loan or credit.
3. The Supreme Court dismissed the cassation appeal, and the decisions of the courts of previous instances remained unchanged.
