THE MOMENT OF ASSIGNMENT OF THE CLAIM TO THE DEVELOPER DOES NOT AFFECT THE RIGHT OF THE SHAREHOLDER TO RECEIVE COMPENSATION

Satisfying the application, the court of first instance proceeded from the fact that the territorial development fund decided to pay compensation to citizens participating in shared-equity construction in respect of an apartment building, the developer of which is the debtor. At the same time, the creditor's claims for the transfer of residential premises are included in the register of claims of construction participants, and the court concluded that the creditor, as a construction participant, has the right to receive compensation from the fund.

The appeal refused to satisfy the application, referring to the fact that the assignment agreement was signed by the parties, registered in the EGRN after the debtor was declared insolvent, and therefore concluded that the creditor was not entitled to receive monetary compensation.

The cassation upheld the ruling of the first instance and pointed out that the court of first instance, having obliged the fund to make a payment, legitimately proceeded from the fact that the developer's obligations to the construction participant did not depend on when the assignment agreement was concluded, since the very right of claim against the developer arose as a result of the conclusion of an equity participation agreement in construction, and not as a result of the assignment agreement.