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KPD Consulting Law Firm successfully defended the Client's interests in courtregarding property matters in an elite real estate object

KPD Consulting Law Firm (KPD Consulting AP) has won a court case (761/44867/21) in the interests of an investor of a well-known elite long-term project construction in Kyiv at the address: Kyiv, 58b Bohdana Khmelnytskogo street.

Thus, on September 18, 2024 the Supreme Court rejected the cassation appeal of Hipek LLC and left unchanged the resolution of the Court of Appeal, which recognized the Client's property rights to real estate worth more than USD 250 000 in the city of Kyiv and invalidated the mortgage agreement in the part concerning the rights of the Client.

The Supreme Court agreed with the arguments of KPD Consulting AP lawyers regarding the existence of legal grounds for the recognition of property rights to the apartment in the building and recognition of the mortgage agreement void, despite the fact that Hipek LLC referred to the plaintiff's failure to prove the fact of the building existence.

In particular, the defendant took actions to change the address of the building from letter "B" to letter "T" and from letter "B" to the "II stage of construction" and further referred to the fact that the building, in which the plaintiff requests to recognize the property rights to the apartment, does not exist.

Having agreed with the arguments of KPD Consulting AP lawyers, the Supreme Court noted that the defendant's definition of unfinished construction object in the mortgage agreement as the building under letter "T" does not refute the fact that the specified building and the building in which the plaintiff invested in the construction of an apartment, is one and the same object of unfinished construction.

Also, the Grand Chamber of the Supreme Court agreed with the arguments of KPD Consulting AP lawyers regarding the fact that the property rights are property rights (Article 190 of the Civil Code of Ukraine) and protection of property rights shall be carried out on the general grounds of civil legislation.

Maksym Cherednichenko the Senior Attorney at KPD Consulting Law headed the attorney’s team in this matter and supported the case in court under the supervision of the Managing Partner Igor Kalitventsev.

The dispute resolution practice of KPD Consulting provides a full range of services for the representation of Clients' interests in courts of general jurisdiction, commercial and administrative courts of all instances, commercial arbitrations, as well as regarding the recognition and enforcement of decisions of foreign courts.

Should you have any questions with respect to above or require any additional information, please do not hesitate to contact Mr. Igor Kalitventsev (i.kalitventsev@kpdconsulting.com.ua). We will be pleased to assist You.

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