of January 18, 2007 No. 5/25
About protection of the property right
(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 15.03.2007 it is refused to open production on review)
The Supreme Economic Court of Ukraine as a part of board of judges:
Kocherova N. O., - the chairman, Rybak V. V., Cherkashchenko M. M., having considered materials of the writ of appeal of the Federation Council of Agrokomsintez Ltd on the resolution of the Kiev Economic Court of Appeal of 18.08.2006 in the matter of economic court of the Chernihiv region in the claim of JSC Demark Bank to the Federation Council of Agrokomsintez Ltd about protection of the property right and according to the counter action of the Federation Council of Agrokomsintez Ltd to JSC Demark Bank about recognition of the property right and recognition invalid the voluntary settlement
Representatives participated in meeting:
claimant: Lysenko N. B.,
defendant: Molchanov Yu. I.,
ESTABLISHED:
In December, 2004 JSC Demark Bank appealed to economic court with the claim to the Federation Council of Agrokomsintez Ltd for protection of the property right.
In January, 2005 the Federation Council of Agrokomsintez Ltd also another appealed to economic court with the counter action to JSC Demark Bank about recognition of the property right to vehicles, tractors, trail cars, specified in appendix to the voluntary settlement of 11.06.2002 which is concluded with JSC Demark Bank and recognition of the voluntary settlement of 11.06.2002 invalid.
Case was considered repeatedly.
Primary claim is satisfied with the last decision of economic court of the Chernihiv region of 21.06.2006 completely. Obliged the Federation Council of Agrokomsintez Ltd to submit to registration authorities of vehicles the application for removal from accounting of the vehicles, tractors specified in the voluntary settlement of 11.06.2002 signed "by the Federation Council Agrokomsintez" with JSC Bank Demark. Satisfaction of the counter action it is refused.
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