We know everything about bankruptcy
16/09/2024
Monday
16 September 
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
CASSATION: BEFORE DECIDING THE FATE OF BUILDINGS, YOU NEED TO FIND OUT WHOSE LAND
He submitted to the court the purchase and sale agreements for both buildings, which he signed on February 13, 2008 with Zinnur Sabitov. Since the parties did not carry out the state registration of the transaction (transfer of ownership), the courts of the first and appellate instances refused Fayzullin.
The cassation instance decided otherwise, indicating to the judges that they did not consider the question of who exactly owns the ownership of the disputed real estate objects in the end. As Fayzullin pointed out in his complaint, the bankruptcy trustee did not check whether the debtor had title documents, including objects in the register only because they were listed in the inventory of property that had previously been seized.
No one has investigated information about real estate objects in the EGRN at all.
As a result, the cassation accepted its verdict, considering it necessary to re-examine the case. First of all, the courts were pointed out to the need to clarify the question of who owns the land plot with brick buildings located on it. At the same time, the district court recalled that the legislation establishes the principle of unity of the fate of the land plot with the objects that are located on it (paragraph 5, paragraph 1, Article 1 of the Land Code of the Russian Federation).
In the presented case, the cassation instance was surprised not only by the fact of prematurity in resolving the dispute by lower courts. After all, it remains unclear in the case who exactly the bankrupt head of the Housing and communal Services Gulfiya Sabitova is the "seller" of the disputed warehouses Zinur Sabitov.
The cassation found the behavior of the bankruptcy trustee in the case of Igor Kirzhaev contradictory.
When considering the case on December 13, 2021 in the Arbitration Court of the Orenburg region, the manager did not object to Fayzullin's demands to exclude objects from the register.
Kirzhaev then reported that he had no information that the buildings really belong to Gulfiya Sabitova. When it came to the appeal, the same Kirzhaev expressed a categorical protest against a similar decision, considering Fayzullin's statement unfounded.
