RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of January 25, 2007 No. 36/310

About return of the parcel of land

(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 highest economic to court of Ukraine as a part of board of judges:

Greyts K. V. - the chairman, Muravyev O. V., Bakulina S. V., having considered the writ of appeal of National technical university of Ukraine "The Kiev polytechnical institute" on the resolution of 29.08.2006 of the Kiev Economic Court of Appeal in the matter of economic court of the city of Kiev of N36/310 in the claim of National technical university of Ukraine "The Kiev polytechnical institute" to

1. JSC Kiyevgorstroy-2 Trust

2. KS-Kiev LLC

about return of the parcel of land

with the assistance of representatives:

claimant: Afyana A. A., Woman A.I.

defendants: were not

ESTABLISHED:

Decision of Economic court of the city of Kiev of 07.06.2006 (judge Trofimenko T. Yu.), by the resolution of the Kiev Economic Court of Appeal left without changes of 29.08.2006 (board of judges as a part of the chief judge O.A.Motorny, O. V. Verbitskaya's judges, V. V. Koshil), it is refused satisfaction of the claims specified in proceedings on the reference about recognition of constructions which are on Ulitsa Borshchagovskoy, 100 Kiev, unauthorized construction, duty of KS-Kiev LLC (the defendant - 2) to exempt self-willedally occupied parcel of land to the specified address within 10 days from day of the introduction of the judgment in legal force, duty of defendants to bring this parcel of land to state, suitable for use, by demolition of constructions at the expense of JSC Kiyevgorstroy-2 Trust (the defendant-1) within a month from day of the introduction of the judgment in legal force.

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