1. The subject of the dispute is the recognition as invalid of the contracts of purchase and sale of a land plot and a residential building in the part of determining the buyer and transferring the rights and obligations of the buyer to the plaintiff, as well as the recognition of the ownership right to these objects by the plaintiff.<\/p>\n
2. The court refused to satisfy the claim, since the plaintiff did not provide sufficient evidence that the purchase and sale agreements are simulated in the part of the buyer’s identity, in particular, he did not prove that he paid the funds for the purchased property. The court noted that there is no evidence of the use of funds from the sale of the plaintiff’s apartment for the purchase of the disputed objects, and also took into account that at the time of the conclusion of the contracts, the plaintiff was married. In addition, the court pointed out that the payment for the house was carried out non-cash through the bank, and the funds were credited to the seller’s account on behalf of the defendant. The court also took into account the payment of utility bills and land tax by the defendant. The court emphasized that the Civil Code of Ukraine does not provide for the possibility of recognizing a contract as invalid in the part of a party, and Article 235 of the Civil Code of Ukraine cannot be the basis for recognizing a transaction as simulated in the part of a party, since this contradicts its provisions.
\n **** The court noted that it rejects the arguments of the cassation appeal regarding the non-application of the conclusions on the application of the rule of law in similar legal relations, set forth in the resolution of the Supreme Court of July 22, 2020, since the Supreme Court as part of the Joint Chamber of the Civil Cassation Court in the resolution of February 14, 2022, deviated from the conclusion on the application of the rule of law, set forth in the above-mentioned resolution of the Supreme Court.<\/p>\n
3. The court of cassation instance left the cassation appeal without satisfaction, and the decisions of previous instances – without changes.<\/p>\n