INCOMPLETE PAYMENT UNDER THE CONTRACT IS A SIGNIFICANT VIOLATION OF ITS TERMS

The courts of the first instance shared the position of the applicants and satisfied their claims, however, they did not support this decision in the appeal and cassation, referring to the fact that the plaintiff had no right to demand termination of the contract in connection with the payment by the buyer of part of the value of the property. However, the plaintiff could apply to the court with a statement of claim for the recovery of funds under the contract.

The Supreme Court disagreed with the lower instances, canceled the judicial acts and sent the case for reconsideration to the Court of Appeal.

The Judicial Board for Economic Disputes of the Supreme Court noted that it follows from the concluded contract that the defendant undertook to pay a certain amount for the transferred real estate within the agreed period, however, at the time of dispute resolution, this value of the real estate was only partially paid by the defendant.

Based on this, the Supreme Court concluded that the appeal was wrong in its position on the dispute being resolved. The failure of the plaintiffs to receive a significant part of the payment for the sold property, the court noted, is a significant violation of the contract.

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