THE SUPREME COURT REFUSED VINDICATION WITH REFERENCE TO THE CONTRADICTORY BEHAVIOR OF THE PLAINTIFF

The citizen appealed to the court with a claim to the defendant, demanding to recognize the contract of sale of the trailer belonging to him on the right of ownership as not concluded and to claim the property from the final acquirer. The courts, having seen the grounds for satisfying the claim, recognized the claims as justified.

The Supreme Court of the Russian Federation sent the dispute for a new consideration, due to a number of circumstances.

The plaintiff referred to the fact that he did not sign the contract of sale with the defendant, the details were executed by another person, therefore the property was disposed of against his will.

At the same time, the court noted the plaintiff's reference to the transfer of the trailer to the defendant under the lease agreement, which the plaintiff had not submitted to the case file.

Additionally, the Supreme Court drew attention to the fact that the plaintiff filed a lawsuit after being declared bankrupt, moreover, when applying to the court for his own bankruptcy, he did not indicate the disputed trailer as part of his property.

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