SUPREME COURT SUPPRESSES SCHEME WITH DOUBLE SALE OF LAND
The entrepreneur divided the plot and sold it in parts. Eight years later, a new residential neighborhood was erected there. But suddenly a businessman came to the police and said that it was he who bought this land first in his time, and now he wants to return it. The security forces did not find a criminal composition in this story, so the dispute had to be resolved in the civil field.
The three courts decided in favor of the Plaintiff. The Supreme Court returned the case to the first instance. According to lawyer Infralex: "The sending of the case by the Supreme Court of the Russian Federation to a new consideration by the court of first instance in the case under consideration is a quite logical result of violations committed by lower courts."
However, the lawyer Infralex considers that there is another very significant violation, to which he did not refer and could not, due to the peculiarities of the case before the court of cassation, refer the Supreme Court - an incomplete study by the lower courts of the relationship between the Plaintiff and the Defendant. None of the judicial acts of the lower courts contain a detailed analysis of all the circumstances. Without this, according to Evgeniy Zubkov, it is impossible to talk about the justified application by the courts of the provisions of the law on limitation and good faith (bad faith) of persons involved in the case.