ALL PERSONS IN THE CHAIN OF DISPUTED TRANSACTIONS MUST PARTICIPATE IN THE DISPUTE OVER THEIR INVALIDATION

ALL PERSONS IN THE CHAIN OF DISPUTED TRANSACTIONS MUST PARTICIPATE IN THE DISPUTE OVER THEIR INVALIDATION

ALL PERSONS IN THE CHAIN OF DISPUTED TRANSACTIONS MUST PARTICIPATE IN THE DISPUTE OVER THEIR INVALIDATION
The manager appealed to the court with an application to challenge the contracts of purchase and sale of land plots concluded by the debtor-citizen (case no. A15-2926/19).

The court of first instance refused to satisfy the application, concluding that the debtor's actions in concluding and executing disputed contracts were lawful, as well as that the limitation period for filing the financial manager's application in question had been missed.

The appeal satisfied the application, since sufficient evidence, on the basis of which it is possible to establish the fact of the actual transfer of funds to the debtor, was not presented in the case file.

The district court sent the dispute for a new appeal, guided by the fact that one of the land plots after its illegal sale in the chain of transactions was further realized in favor of a third party. At the same time, the persons involved in the case argued that the specified sale belongs to the next stage of a series of resales of a land plot and has the same signs of invalidity as the previous transactions with this land plot recognized by the court of appeal as unlawful.

The instance also noted, having established that the land plot was sold to a third party, the court of appeal did not resolve the issue of involving the specified person in the case.

24.04.2024