1. The subject of the dispute is the cancellation of the state registration of ownership of a non-residential building, the invalidation of the land lease agreement, and the obligation to return the land plot.
2. The court of cassation, in overturning the decisions of the courts of previous instances, proceeded from the fact that the initial registration of ownership of the cafe was carried out on the basis of a canceled court decision, and the Supreme Commercial Court of Ukraine established that the object is a temporary structure, the ownership of which is not subject to registration. Reconstruction of a temporary structure does not transform it into a real estate object, since this requires commissioning. Since at the time of the decision to transfer the land plot for lease, there were no real estate objects on it, the transfer took place in violation of the requirements of the Land Code of Ukraine. The court also noted that the requirement for dismantling (demolition) of the building corresponds to the requirement for the demolition of unauthorized construction, and therefore is a proper method of protection. The court indicated that the plaintiff’s error in referring to incorrect legislative provisions cannot be the basis for rejecting the claim if the claims can be interpreted in accordance with the proper method of protecting rights.
3. The court of cassation overturned the decisions of the courts of previous instances in the part of the refusal to satisfy the claims for invalidation of the lease agreement and the obligation to return the land plot, satisfied the claim in this part, and in the part of the refusal to satisfy the claims for cancellation of state registration – left the decision unchanged, changing only the reasoning part.
