THE COURTS DID NOT CHECK THE REJECTION OF THE CLAIM FOR LEGALITY

During the consideration of the claim, the foundation declared a partial waiver of the claims, which was accepted by the court. In the rest of the requirements were satisfied, with which the higher authorities agreed.

The Supreme Court of the Russian Federation sent the case for a new examination, noting the following:

"The court of first instance did not check the rejection of the claim for its contradiction to the law and violations of the rights of other persons, did not establish in respect of what amount of debt the claim was made – whether the company withheld the funds transferred to it by the owners of the premises, or the subject of the claim was the amount of unpaid contributions by the owners for major repairs.

In addition, the court did not evaluate the defendant's arguments that the refusal of the claim is contrary to the law, since the plaintiff unreasonably set off the repayment of the price of the claim for the owners of the premises who did not fulfill their duty, the current payments of the owners transferred to the fund.

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