1. The subject of the dispute is the recognition of agreements on equity participation, the transfer of rights and obligations of a shareholder as invalid, the recognition as invalid and cancellation of certificates of ownership, and the recognition of ownership of apartments acquired under equity participation agreements.
2. The court dismissed the claim because the plaintiff chose an ineffective way to protect their rights, since the Civil Code of Ukraine does not provide for the possibility of recognizing a contract as invalid in the part of determining the party to the contract. The court also noted that the claim for the transfer of the rights and obligations of a shareholder is an improper method of protection, since Diana-Plus LLC did not violate the plaintiff’s rights, who voluntarily agreed to conclude contracts with the defendant as a shareholder. In addition, the certificate of ownership is only a document that records the right, and not a legal transaction, therefore, the requirement to recognize it as invalid is also an improper method of protection. The court took into account the conclusion of the Joint Chamber of the Civil Cassation Court of the Supreme Court dated February 14, 2022 in case No. 346/2238/15-c, which states that the legal structure of a claim for recognizing a contract as invalid in the part of the party to the contract is not allowed. The court noted in the decision that it departed from the previous position that was in other decisions of the Supreme Court.
3. The court dismissed the cassation appeal and left the decisions of the previous instance courts unchanged.
