Subject of Dispute: Removal of Obstacles in Using a Residential Premises by Settling the Plaintiff into a House Belonging to His Mother and Daughter.<\/p>\n
Main Arguments of the Court:<\/p>\n
1. Previous instance courts improperly examined evidence and case circumstances, in particular, they did not interrogate the defendants as witnesses and did not provide a motivated assessment of all submitted evidence.<\/p>\n
2. Change of real estate ownership does not automatically terminate the right to use such property acquired in the manner prescribed by law.<\/p>\n
3. Courts did not establish the presence or absence of obstacles in using the residential house and did not verify the proportionality of interference with the plaintiff’s right to housing.<\/p>\n
4. The courts did not maintain a balance of interests of the dispute parties and did not provide a proper assessment of all case circumstances.<\/p>\n
Court Decision: Revoke the decisions of previous instances and refer the case for a new review to the court of first instance for a complete and comprehensive investigation of circumstances.<\/p>\n