1. The subject of the dispute in this case is the recognition as illegal of the village council’s decision on the privatization of the kindergarten, the invalidation of the purchase and sale agreement of this premises, the cancellation of the state registration of property rights, the recognition as invalid of the land lease agreement under the kindergarten, and the obligation to return the property to the community.
2. The court of cassation upheld the decisions of the courts of previous instances, motivating this by the fact that the prosecutor had not proven a violation of the plaintiff’s rights, and also by the fact that the buyer relied on the legitimacy of the actions of the state body during the privatization of the property, that is, was a bona fide acquirer. The court also took into account changes to the legislation, which at the time of the consideration of the case by the court of first instance made it impossible to demand the property from a bona fide acquirer, acquired at an electronic auction. The court also referred to the principle of the unity of the legal fate of the land plot and the real estate object located on it, which means that upon acquiring ownership of the building, the right to the land plot is automatically transferred as well.
3. The Supreme Court partially satisfied the cassation appeal, changing the reasoning parts of the decisions of the courts of previous instances, but leaving their operative parts unchanged, that is, the claim was dismissed.
