Resource LLC appealed to Arbitration Court with Avia LLC for reclaiming an Mi-8T helicopter from someone else’s illegal possession of an aircraft. Avia LLC filed with the arbitration court a counterclaim to invalidate Contract No. 20 dated March 13, 2005, concluded between Vologda-Avia CJSC and Resource LLC.
The court established that Avia LLC (the buyer) and Vologda-Avia CJSC (the seller entered into contract No. 6 of December 27, 2004 for the sale of the Mi-8T helicopter. In accordance with the act of receiving the program of January 11, 2005 and the terms of the said agreement, the aircraft actually came into the possession of Avia LLC and was fully paid. Nevertheless, on March 13, 2005, Vologda-Avia CJSC signed contract No. 20 for the sale and purchase of the same aircraft with Resource LLC .
According to the representative of Resource LLC and the representative of the seller involved in the case - CJSC Vologda-Avia, CJSC Vologda-Avia had the right to re-use the aircraft as the owner, since the transfer of ownership of the disputed property to Avia LLC was not registered in the Unified State Register of Rights to Real Estate and Transactions with It.
Resolve the dispute.
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