21.03.2019

THE COURT HAS ADOPTED THE SOLUTION TO THE CUSTOMER’S BENEFITS AND REPLACED THE PROPERTY TO THE LEGAL OWNER

THE COURT HAS ADOPTED THE SOLUTION TO THE CUSTOMER’S BENEFITS AND REPLACED THE PROPERTY TO THE LEGAL OWNER

The Kyiv Appeal Court, having considered the appeal on the decision of the Solomyansky District Court of Kyiv dated 22.12.2018, refused the Appellant to comply with the appeal and left the decision of the court of first instance in force.

The decision was made in favor of the Claimant (representative is Femida Legal Association).

THE COURSE OF THE CASE (c/c 760/10691/18):
Femida Legal Association, as a representative of the claimant, appealed to the court to invalidate the purchase and sale agreement and returns of property from someone else’s illegal possession. The claim was based on the fact that on April 24, 2009 the claimant purchased the vehicle Skoda Octavia Tour , black, released in 2004, on the basis of the Exchange Contract No. 43840. Afterward, the claimant transferred the mentioned vehicle to the use of the defendant PERSON_6, but in the summer of 2015, when she learned that the vehicle was removed from the register and re-registered to another person without her consent, she immediately applied to the Sviatoshynsky district department of the Ministry of Internal Affairs of Ukraine with a statement about committing a crime, namely forgery of documents about dispossession of her car, followed by the re-registration of this vehicle to another person. In the course of the investigation, she became known that on September 6, 2014, at DREW-9 USAI in Kiyv, by falsifying her signatures, on her behalf was made a re-registration of the disputed car to person PERSON_5.

On November 19, 2016, in the framework of criminal proceedings No. 12015100080007425, a handwritten examination was appointed, according to which the signature on her behalf in the record dated September 6, 2014, in the journal of accounting for the receipt and sale or transfer for the sale of vehicles and their constituents with identification numbers, issued certificates of accounts, acts of acceptance – transfer, stock transactions and license plates for one-time trips are executed, probably not by her, but by another person.

On May 20, 2017, in the service center 8041 the Ministry of Internal Affairs of Ukraine carried out the re-registration of the car from PERSON_5 on PERSON_3, and was changed the license plate from NUMBER_4 to NUMBER_5 and issued the Certificate of registration series NUMBER_6.

She never made any power of attorney to use her vehicle, she did not receive account statements for the sale of the car, did not enter into contracts of sale and did not receive funds for the vehicle.

In such circumstances, consider that the disputed car left her ownership outside her wish, contrary to the procedure established by law, because she did not take any actions aimed at dispossession the car, which asks the court to declare invalid from the moment of the conclusion of a contract of sale of the car in question, which was concluded on September 6, 2014 by issuing a reference certificate issued by Texston Ltd. and claiming this car in possession of PERSON_3 in her favor.

By decision of the Solomyansky District Court of Kyiv on December 22, 2018, the suit was satisfied, the contract of sale of the disputed car was invalidated, concluded in accordance with the certificate of account No. VІА754688 dated September 6, 2014, issued by Texston Ltd., and the vehicle was used for Owning PERSON_3.

Justice is restored.
The court returned the property to the lawful owner!

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