RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of May 16, 2007

About removal of obstacles in use of property

(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of July 26, 2007 it is refused to open production on review)

Case No. 30/145-42/243

NAME OF UKRAINE

The Supreme Economic Court of Ukraine as a part of board of judges: Nevdashenko L. P. - chairman, Mikhaylyuka M. V., Dunayevskoy N. G.

having considered in proceeding in open court in Kiev the writ of appeal of Nikolayevskoye Limited liability company on the resolution of the Kiev Economic Court of Appeal of January 30, 2007 on case N30/145-42/243 of Economic court of the city of Kiev on the claim of Nikolayevskoye Limited liability company, Kiev, in: 1) Consolidation of co-owners of the apartment house "Architect", Kiev, 2) the Collective company for servicing of housing "Master-1", Kiev, about removal of obstacles in use of property,

with the participation of agents of the parties:

the claimant - Nikolayevskoye LLC - Slyusar O. T. (Dov. N3 of 23.06.2006), (Dov. N8 of 25.04.2007);

the defendant - OSBB "Architect" - Matveev O. O. (Dov. of 01.08.2005); Makar I. I., Bagel S. I., Ivashchuk L. A. (Dov. of 07.10.2004);

ESTABLISHED:

In June, 2005 the claimant - Nikolayevskoye Limited liability company made in economic court the claim to defendants: To consolidation of co-owners of the apartment house "Architect" and the Collective company for servicing of housing "Master-1" about removal of obstacles in use of property.

Specified that it, based on the purchase and sale agreement of the October 31, 2001 signed with Fund of privatization of utility property of the Old Kiev district of Kiev is the owner of the non-residential premise Ploshchad 231,7 of the sq.m located in the cellar of the house N4 on Ulitsa Gorodetskogo in Kiev.

Referring to violation by the defendant of its rights of the owner and creation of obstacles by it in use of the room, the claimant asked to meet its requirements.

The dispute was considered by courts repeatedly.

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