The team of the Exiora Law Firm won a resounding victory in the Supreme Court of the Russian Federation and put an end to the case of invalidation of the chain of transactions

The peculiarity of this dispute was the fact that the opponents’ cassation appeal was submitted to the board of the Supreme Court of the Russian Federation, but after consideration, the complaint was refused.

The principal received a statement of claim from the original rightholder of the building several years after the acquisition of a real estate object in Crimea in the amount of more than 100 million rubles. He disputed the transactions on the basis of which the object was transferred from one owner to another. In addition, a third person with independent legal claims to the same real estate object joined the lawsuit. The Court of first instance supported the position of the Principal and dismissed the claim.

However, the appeal overturned the judicial act of the first instance and declared the chain of transactions invalid, and the basis for the emergence of the Principal’s rights to the building was missing. The task of Exiora’s lawyers was to get the decision of the court of appeal overturned and keep the real estate object for the Principal.

The lawyers of the bureau investigated the specifics of the circumstances in which the bank sold the real estate object, the facts of notarization in one of the links in the chain of transactions, checked the actions of the notary and a number of other procedural actions. In November last year, the cassation appeal of the Principal, with the legal support of the Bureau, was satisfied, the court upheld the decision of the court of first instance.

Meanwhile, a third person filed a cassation complaint with the Supreme Court of the Russian Federation. The case was requested, and the complaint was referred to the Judicial Board for Civil Cases of the Supreme Court of the Russian Federation. The lawyers of the Bureau faced a difficult task in preparing a reasoned response to the appeal in order to identify the grounds for refusal to satisfy it. As part of the tasks set for the panel of judges, an in-depth analysis of judicial practice in cases of vindication of property, as well as invalidation of transactions over the past 20 years was prepared with references to specific precedents of both the Supreme Court of the Russian Federation itself, and the Supreme Arbitration Court of the Russian Federation, the Constitutional Court of the Russian Federation. As a result, the satisfaction of the appeal already submitted was refused.

The team of Exiora, with the direct participation of lawyers Alexey Moroz, Yuri Sbitnev and Yulia Testova, managed to win a resounding victory and put an end to the case, retaining the real estate object for the Principal.