Success in court / Return of a 2-room apartment in Pechersk district of Kyiv to a client.

Success in court / Return of a 2-room apartment in Pechersk district of Kyiv to a client.

A long-standing case has been completed regarding the client's claim to ownership of a 2-room apartment in the Pechersk district of Kyiv, which was withdrawn by the financial company "Key-collect" as the object of a mortgage. The dispute has dragged on since 2020. After the out-of-court re-registration of the apartment in the name of the mortgagee, the latter sold it under a dubious contract, and the buyer immediately transferred it to a new mortgage for a partner in a real estate agency and leased it out.

The client addressed the law office after the first unsuccessful attempt to return the property in a lawsuit with another lawyer.

The illegality of the initial re-registration of the apartment in the ownership of the financial company in 2018 has been proved in court. As a result, the removal of the property from the possession of the client-mortgagor was also illegal. Therefore, all subsequent transactions made by the participants in the transaction without the expression of the client's will are made without the right to dispose of the apartment.

The last owner objected to the lawsuit because the apartment was purchased in good faith, she did not know about the illegal previous actions, and therefore the apartment cannot be taken away for the original owner.

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