Subject of Dispute: Recognition of the Validity of an Apartment Purchase and Sale Agreement and Recognition of Ownership Rights.
Main Arguments of the Court:
The Supreme Court established that at the time of the agreement’s conclusion (2002), there was no mandatory notarization requirement for apartment purchase and sale agreements. Moreover, since the agreement was registered at a commodity exchange, it did not require notarization at all. The court also noted that previous courts incorrectly applied legal norms and did not verify all circumstances of the property ownership transfer.
Court Decision: To cancel previous court decisions and refer the case for a new review to the court of first instance for a detailed examination of all case circumstances.
