State Register of Real Property Rights to Real

[roseline371274]

The purpose of a lawsuit to recover property from someone else's possession is to ensure that the plaintiff is placed in possession of the property of which he was unlawfully deprived. Thus, in the case of deprivation of the owner of his real estate, the specified entry consists in making a record of state registration of the plaintiff's ownership of such property (see similar conclusions set out in the resolutions of the Grand Chamber of the Supreme Court of July 4, 2018 in case No. 653/1096/16-ts (paragraph 89), of November 7, 2018 in cases No. 488/5027/14-ts (paragraph 95) and No.

488/6211/14-ts (paragraph 84), of November 14, 2018 in case No. 183/1617/16 (paragraphs 114, 142), of November 28, 2018 in case No. 504/2864/13-ts (paragraph 67), of June 30, 2020 in case No. 19/028-10/13 (paragraph 10.29), dated special database February 16, 2021 in case No. 910/2861/18 (paragraph 100), dated November 23, 2021 in case No. 359/3373/16-ts (paragraph 146), dated December 14, 2021 in case No. 344/16879/15-ts).

A court decision to recover real estate in favor of its owner from someone else's possession is the basis for entering into the Estate an entry on state registration under the plaintiff of the right of ownership to real estate registered in this register under the defendant, regardless of whether such recovery takes place in the procedure of vindication (Articles 387-388 of the Civil Code of Ukraine), or in the procedure established for the return of property from a person who acquired it at the expense of another person without sufficient legal grounds (Articles 1212-1215 of the Civil Code of Ukraine), or in the procedure of forced performance of an obligation in kind (Clause 5 of Part Two of Article 16 of the Civil Code of Ukraine) (see, in particular, the resolutions of the Grand Chamber of the Supreme Court of November 7, 2018 in case No. 488/5027/14-ts (paragraphs 98, 123), of November 14, 2018 in case No. 183/1617/16 (paragraphs 115, 116), dated May 19, 2020 in case No. 916/1608/18 (paragraph 80), dated June 30, 2020 in case No. 19/028-10/13 (paragraph 10.29), dated June 22, 2021 in case No. 200/606/18 (paragraphs 63, 74), dated November 23, 2021 in case No. 359/3373/16-ц (paragraph 146), dated July 6, 2022 in case No. 914/2618/16 (paragraph 38)).