Defense of the farm "Lada-Sva" in the case of claiming a share

Case context

Case No. 910/8328/21. A person whose "purchase and sale agreement" for a 50% stake in Krok-Ukrzalizbud LLC was previously declared invalid in case No. 910/2113/21, filed a new lawsuit to claim the same stake from Lada-Sva Financial Group, claiming that she had withdrawn from it without her knowledge and will.

Strategy

Lawyer Valeriy Ponomarenko defended the Lada-Sva FG. Key legal position: (1) the basis of the plaintiff's ownership right to the share is the agreement dated 05/23/2019; (2) this agreement acquired the status of invalid in case No. 910/2113/21 - the circumstance established by the court is preliminary and cannot be disputed; (3) without a valid title of ownership to the object of the claim, the claim cannot be satisfied.

Process progress

The Kyiv Commercial Court applied a precedent: the decision in case No. 910/2113/21 entered into legal force and established that the agreement dated 05/23/2019 is invalid. The plaintiff did not have and could not have a legal right to the share. The claim was dismissed.

Experience the Power of Effective Results

The lawsuit to claim a 50% share was rejected in full. The Lada-Sva financial group remained in the company's membership without any changes.