of February 28, 2007 No. 29/154-06
About reclamation of property from others adverse possession and recognition of the property right
(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 26.04.2007 it is refused to open production on review)
The Supreme Economic Court of Ukraine as a part of board of judges:
The god V.S. - the chairman, Kostenko T. F., Korobenko G. P. having considered materials of cassation representation and the writ of appeal of the First deputy prosecutor of Kharkiv of "National Export-import Bank of Ukraine" Open joint stock company on behalf of Ukreksimbank branch of JSC on the resolution of the Kharkiv Economic Court of Appeal of 29.11.2006 in the matter of economic court of the Kharkiv region in the claim of the Invaspektr company of the Kharkiv department of All-Ukrainian public organization "Union of Organizations of Persons with Disabilities of Ukraine" of Society of disabled people of the Kiev district to Darth private enterprise 3-and persons.
1. "Mogilev — Podolsk Machine-Building Plant of S. M. Kirov" open joint stock company
2. "National Export-import Bank of Ukraine" open joint stock company on behalf of Ukreksimbank branch of JSC about reclamation of property from others adverse possession and according to the counter action of Darth private enterprise to the Invaspektr company the Kharkiv department of All-Ukrainian public organization "Union of Organizations of Persons with Disabilities of Ukraine" of Society of disabled people of the Kiev district about recognition of the property right
representatives took part in judicial session:
from the claimant: Chuprin S. V. - dov.ot 26.02.07.
from the defendant: Chaykin I. B. - Dov. N7 of 31.01.07.
from the third parties:
1) Vendichanskaya O. A. - Dov. N29 of 28.12.06.
2) Goncharenko A. V. - Dov. N010-01/5675 of 11.10.06
Of 18.10.2006 the economic court of the Kharkiv region is refused by the decision primary claims partially. Software Darth" is withdrawn from ownership "and the basic set of the equipment of mill of P6-ABM-50, of production of JSC Mogilev-Podolskogo mashinostroitelnogo zavoda im. S. M. Kirova according to the N1 specification is transferred to Invaspektr company of the Kiev department of All-Ukrainian public organization of disabled people "Union of organizations of persons with disabilities of Ukraine".
Collect from "software Darth" for benefit of Invaspektr company of the Kiev department of All-Ukrainian public organization of disabled people "Union of organizations of persons with disabilities of Ukraine" 641969, of 54 UAH of losses. Satisfaction of the counter action it is refused completely.
Of 29.11.2006 of the Kharkiv Economic Court of Appeal the decision of 18.10.2006 the economic court of the Kharkiv region is left by the resolution without changes.
Judgments are motivated with the fact that according to Art. 387 of the Civil code of Ukraine the owner has the right to summon the property from the face which is illegal without the corresponding legal basis took control of it. According to Art. 1212 of the Civil code of Ukraine, person who acquired property without good legal basis shall return this property. Under such circumstances primary claim regarding withdrawal from ownership of the defendant of property is reasonable, is confirmed by the proofs provided to court and is subject to satisfaction, and shall be refused the counter action as the claimant did not prove availability of declaration of will of the defendant in all terms of the contract of N23-DI of 23.09.2004.
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