1. Subject of the dispute – invalidation of the apartment sale and purchase agreement concluded between LLC “Transproekt” and INDIVIDUAL_2, a former member of LLC “Transproekt”, on the grounds that this agreement was concluded to avoid settlement with the plaintiff, as a former member of the company.
2. The court of cassation, overturning the decisions of the previous courts, noted that the courts did not take into account the established practice of the Supreme Court regarding the possibility of appealing fraudulent transactions by a person whose property interests have been violated. The courts also did not establish the fact that defendant 1 has outstanding debt to the plaintiff, did not investigate whether defendant 1 is evading its payment by concluding the disputed agreement, whether the property was alienated at a reduced value, and whether the debtor has other property to pay off obligations. The Supreme Court indicated that a member who has withdrawn from the company retains an interest in the company’s solvency until full settlement with him.
3. The Supreme Court overturned the decisions of the previous instances and sent the case for a new trial to the court of first instance for a complete and comprehensive clarification of the circumstances of the case.
