Here is the translation:<\/p>\n
1. Subject of Dispute: Invalidation of the purchase and sale agreement for a non-residential premises that was transferred as a mortgage, and cancellation of state registration of ownership rights to this premises.<\/p>\n
2. Main Arguments of the Court:
\n– The mortgagee (bank) did not send proper notification to the mortgagor 30 days prior to selling the mortgaged property, which violates the requirements of the Law “On Mortgage”.
\n– However, improper notification by itself is not grounds for declaring the purchase and sale agreement invalid if other legal requirements were met.
\n– The appellate court superficially examined the evidence and did not provide proper legal assessment of the case circumstances.<\/p>\n
3. Court Decision: The Supreme Court cancelled the appellate court’s resolution and referred the case for new consideration to the appellate court for comprehensive and thorough investigation of circumstances.<\/p>\n
Note: The court deviated from previous practice of automatic invalidation of mortgage property purchase and sale agreements due to formal notification procedure violations.<\/p>\n