RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of August 1, 2007

About recognition invalid the title document (determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 27.09.2007 it is refused to open production on review)

Case No. 48/232

NAME OF UKRAINE

The Supreme Economic Court of Ukraine as a part of board of judges: The god V.S. - the chairman, Kostenko T. F., Korobenko G. P.

having considered materials of the writ of appeal of Alpha Privat LLC on the resolution of the Kiev Economic Court of Appeal of 23.04.2007

in the matter of economic court of Kiev

in the claim of JSB TAS-Komertsbank to

- Novas Company LLC

- Alpha Privat LLC

about recognition invalid title document,

representatives took part in judicial session:

claimant: Koshil R. V. (Dov. of 31.01.06 N 221),

defendant-1: were not,

defendant-2: Black O. A. (Dov. of 10:01. 07),

ESTABLISHED:

Of 28.12.06 of economic court of Kiev the claim is satisfied with the decision. The invalid title dokumentdogovor of purchase and sale of 11.12.2002 of the non-residential premise is recognized as total area of 95,7 of sq.m that it constitutes 19/100 parts from all household which is located at: Kiev, Ulitsa Pirogova, 10 "B", letter "In", concluded between Novas Company LLC and Alfa-privat LLC. From defendants for benefit of the claimant to exact on 42, 50 UAH of expenses on payment of the state fee and of 59 UAH - expenses on information technical supply of legal procedure.

Of 23.04.07 of the Kiev Economic Court of Appeal the decision stated above is left by the resolution without changes.

Without agreeing with judgments, Alpha Privat LLC appealed to the Supreme Economic Court of Ukraine with the writ of appeal and asks them to cancel, considering violation of regulations of substantive and procedural law by courts, and also incorrect assessment of the facts of the case, to make the new decision to which to refuse the claim.

Board of judges, in view of borders of reconsideration of the case in cassation instance, having analyzed based on the actual facts of the case application of regulations of substantive and procedural law in case of acceptance of the disputed court resolution finds necessary the writ of appeal to satisfy partially.

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