LLC "Resource" applied to the Court of Arbitration (2010)
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LLC "Resource" appealed to the arbitration court against the LLC "Air" for the recovery of unlawful possession of an aircraft - Mi-8T. LLC "Avia" has submitted to the arbitration court a counterclaim for annulment of the contract number 20 of 13 March 2005 concluded between JSC "Vologda-Avia" and LLC "Resource".
The court found that the company "Air" (Buyer) and JSC "Vologda-air" (the seller entered into a contract number 6 on December 27, 2004 the sales of the Mi-8T. In accordance with the act of receiving transmissions from January 11, 2005 and the terms of the said agreement the aircraft actually came into possession of "Air" and was fully paid. However, March 13, 2005 JSC "Vologda-Avia" signed the contract number 20 purchase and sale of the same aircraft with "resource" .
According to the representative of "resource" and a representative of the enlistment of the seller - JSC "Vologda-air", JSC "Vologda-air" had the right to re-dispose as owner of the aircraft, as the transfer of ownership of the disputed property to the LLC "Air" was not It is registered in the Unified State Register of rights to immovable property and transactions with it.
To resolve the dispute.
Task 2
Committee on management of municipal property held an auction for the sale of non-residential premises. One of the conditions of admission to trading - making bidders on account of the organizer of trading certain amounts in support of the seriousness of their intentions, which issued a separate written agreement about the deposit. The winner of the auction is LLC "Dawn." However, the contract of sale of real space with him was signed in due time through the fault of the organizer of the competition, which did not deny this fact. The transaction did not take place, to the account of "Dawn" was returned to the amount included for them to participate in the auction of 500 thousand. Rub.
LLC "Sunrise" applied to the Arbitration Court, demanding to recover from the auction organizer another 500 thousand. Rub.
Analyze the situation.
LLC "Resource" appealed to the arbitration court against the LLC "Air" for the recovery of unlawful possession of an aircraft - Mi-8T. LLC "Avia" has submitted to the arbitration court a counterclaim for annulment of the contract number 20 of 13 March 2005 concluded between JSC "Vologda-Avia" and LLC "Resource".
The court found that the company "Air" (Buyer) and JSC "Vologda-air" (the seller entered into a contract number 6 on December 27, 2004 the sales of the Mi-8T. In accordance with the act of receiving transmissions from January 11, 2005 and the terms of the said agreement the aircraft actually came into possession of "Air" and was fully paid. However, March 13, 2005 JSC "Vologda-Avia" signed the contract number 20 purchase and sale of the same aircraft with "resource" .
According to the representative of "resource" and a representative of the enlistment of the seller - JSC "Vologda-air", JSC "Vologda-air" had the right to re-dispose as owner of the aircraft, as the transfer of ownership of the disputed property to the LLC "Air" was not It is registered in the Unified State Register of rights to immovable property and transactions with it.
To resolve the dispute.
Task 2
Committee on management of municipal property held an auction for the sale of non-residential premises. One of the conditions of admission to trading - making bidders on account of the organizer of trading certain amounts in support of the seriousness of their intentions, which issued a separate written agreement about the deposit. The winner of the auction is LLC "Dawn." However, the contract of sale of real space with him was signed in due time through the fault of the organizer of the competition, which did not deny this fact. The transaction did not take place, to the account of "Dawn" was returned to the amount included for them to participate in the auction of 500 thousand. Rub.
LLC "Sunrise" applied to the Arbitration Court, demanding to recover from the auction organizer another 500 thousand. Rub.
Analyze the situation.
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