Subject of the Dispute: Claim for Termination of Property Ownership of Real Estate due to its Destruction, Removal of Obstacles to Housing Use, and Prohibition of Construction Works.
Main Arguments of the Court: The Court noted that demolition of unauthorized construction is an extreme measure and is possible only after exhausting all response measures provided by law. Expert examinations confirmed the fact of reconstruction without proper permits, but did not prove the impossibility of reconstruction or the defendant’s refusal to carry it out. The Court of Appeal did not fully clarify the circumstances of the case, in particular the possibility of reconstruction and compliance with construction standards.
Court Decision: The Supreme Court partially satisfied the cassation appeal, revoked the resolution of the appellate court, and referred the case for a new review.
