of February 21, 2006 No. 22/136
About coercion to exempt the room and about obligations to transfer to the possession the room by the conclusion of the supplementary agreement and the purchase and sale agreement of property
(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 20.04.2006 it is refused to open production on review)
The Supreme Economic Court of Ukraine as a part of board of judges: Shulga O. F. - (chairman), T.P.'s Trump, Semchuk V. V. having considered the writ of appeal of JSC Zaporozhalyuminstroy Trust on the decision of economic court of the Zaporizhia region of May 23, 2005 and the resolution of the Zaporizhia Economic Court of Appeal of September 1, 2005 on case N22/136 on the claim of JSC Zaporozhalyuminstroy Trust to Dentakor private company (further - Dentakor Ltd) about coercion to exempt the room and to the counter action of Dentakor Ltd to JSC Zaporozhalyuminstroy Trust about obligations to transfer to the possession the room by the conclusion of the supplementary agreement and the purchase and sale agreement of property with the participation of agents of the parties:
- JSC Zaporozhalyuminstroy Trust - Svitlitsky D. A., Boychenko S. M., Sivkov Yu. S., Golubev E. M.
- Dentakor Ltd Komarinets A. G., Gedikov S.A.
JSC Zaporozhalyuminstroy Trust appealed to economic court of the Zaporizhia region with the action for declaration about coercion of Dentakor Ltd to exempt the room which is located at: Ulitsa Leonova, 5 in Zaporizhia.
Dentakor Ltd submitted the counter action about obligations of JSC Zaporozhalyuminstroy Trust to transfer the room which is located at to the possession: Ulitsa Leonova, 5 in Zaporizhia. by the conclusion of the supplementary agreement to the lease agreement of the room with the redemption N18 of 26.03.1997 and the purchase and sale agreement of property.
Decision of economic court of the Zaporizhia region of 23.05.2005 (judge Skidanova Yu. O.) primary claim it is refused, the counter action is satisfied. The supplementary agreement to the lease agreement of the room is signed with the redemption of 26.03.1997 between JSC Zaporozhalyuminstroy Trust and Dentakor Ltd in edition of the last signs the purchase and sale agreement of property between the same parties in the edition offered Dentakor Ltd.
The decision is motivated that requirements of the claimant for primary claim are not subject to satisfaction as unreasonable, and the counter action is reasonable and is subject to satisfaction.
Resolution of the Zaporizhia Economic Court of Appeal of 01.09.2005 (judges: Hutorny V. M., Krichmarzhevsky VA., Radchenko O. P.) the decision of economic court of the Zaporizhia region is left of 23.05.2005 without change for the same reasons.
In the writ of appeal submitted in the Supreme Economic Court of Ukraine to JSC Zaporozhalyuminstroy Trust asks to repeal the resolution of the Zaporizhia Economic Court of Appeal of 01.09.2005 and the decision of economic court of the Zaporizhia region of 23.05.2005 regarding the counter action and to refuse the counter action completely, referring to the fact that in case of acceptance of the called court resolutions, vessels break regulations of substantive and procedural law.
Having heard explanations of agents of the parties, having discussed arguments of the writ of appeal, having checked case papers, the board of judges considers that the writ of appeal is not subject to satisfaction on the following bases.
By economic courts of the first and appeal instances it is determined that legal relationship of the parties are settled by the lease agreement of the room with the redemption of 26.03.1997.
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