RusBankrot
We know everything about bankruptcy
27/04/2024
Saturday
THIS DAY IN HISTORY:
27 April 
1970 The opening of the subway in Yekaterinburg
1970 The opening of the subway in Yekaterinburg
1970 The population was evacuated from Pripyat after the Chernobyl accident - all 40 thousand inhabitants were evacuated in 3 hours
1970 The population was evacuated from Pripyat after the Chernobyl accident - all 40 thousand inhabitants were evacuated in 3 hours
1970 The beginning of the civil war in Afghanistan, which continues up to this day
1970 The beginning of the civil war in Afghanistan, which continues up to this day
27 April
1970 The opening of the subway in Yekaterinburg
1970 The opening of the subway in Yekaterinburg
1970 The population was evacuated from Pripyat after the Chernobyl accident - all 40 thousand inhabitants were evacuated in 3 hours
1970 The population was evacuated from Pripyat after the Chernobyl accident - all 40 thousand inhabitants were evacuated in 3 hours
1970 The beginning of the civil war in Afghanistan, which continues up to this day
1970 The beginning of the civil war in Afghanistan, which continues up to this day
THE SUPREME COURT WILL LOOK INTO THE SPECIFICS OF THE SALE OF THE MAIN AND AUXILIARY PREMISES
As part of the debtor's bankruptcy case (No. A41-41906/21), the manager submitted an application for approval of the regulations on the sale of a citizen's property: non-residential premises and 1/2 ownership of another non-residential premises.
The provision was approved by the court of first instance. The higher courts refused to satisfy the application, guided by the fact that the sale of premises in one lot violates the pre-emptive right of the shared co-owner of the premises.
The Supreme Court of the Russian Federation referred the complaint of the applicant creditor in the bankruptcy case to the board and emphasized the following arguments:
"According to the documents available in the case and examined by the courts, the premises are offices and a corridor, respectively. Consequently, the conclusions of the appellate and district courts that the auxiliary status of the second premises does not follow from the technical plan and there are no obstacles to its separate sale are not confirmed by the available evidence.»
According to the Supreme Court, in the current situation, the arguments of the cassation appeal about the failure of the separate sale of interconnected premises to achieve the goals of the most profitable sale of the debtor's property in bankruptcy and violation of the rights of the future owner deserve attention.
The provision was approved by the court of first instance. The higher courts refused to satisfy the application, guided by the fact that the sale of premises in one lot violates the pre-emptive right of the shared co-owner of the premises.
The Supreme Court of the Russian Federation referred the complaint of the applicant creditor in the bankruptcy case to the board and emphasized the following arguments:
"According to the documents available in the case and examined by the courts, the premises are offices and a corridor, respectively. Consequently, the conclusions of the appellate and district courts that the auxiliary status of the second premises does not follow from the technical plan and there are no obstacles to its separate sale are not confirmed by the available evidence.»
According to the Supreme Court, in the current situation, the arguments of the cassation appeal about the failure of the separate sale of interconnected premises to achieve the goals of the most profitable sale of the debtor's property in bankruptcy and violation of the rights of the future owner deserve attention.
11.01.2024
