It’s always good to know what a judge is capable of. Especially if your case has reached cassation. Meet: Gorshunov D.N., Vaseva A.V., Zueva N.V. Judging by the decision of September 26, 2023, which will be discussed, this trio is ready for “any boil.”
The decision can be read here https://ru.files.me/u/2e6uxmp73b
It reads like a detective script, but for those who like brevity, we present the essence of the dispute: the owner of a floor in Moscow City discovered in the Rosregistry extract encumbrances worth 500 million, to which he had nothing to do. I wrote a statement to the police and filed a lawsuit to declare the pledge agreements invalid.
Subsequently, the fact of signing pledges with a criminal posing as the owner was confirmed both by the pledge holders themselves and by handwriting examinations. And the criminal himself, who used a fake passport in the name of the owner, confessed and was sentenced to 2 years in prison.
Our troika, considering the case of fake collateral agreements for half a billion, overturned the decision of the Court of Appeal due to… the absence in the case materials of a determination on the acceptance of the appeal for proceedings and a technical act of distribution of cases.
Now watch your hands. The court also indicated that it is unacceptable to accept for consideration copies of the criminal case materials and, first of all, handwriting examinations. At the same time, the fact of the conduct and results of the forensic examination within the framework of this trial was flatly ignored. As well as evidence of falsification of the consent of the owner’s wife to the transaction, as well as testimony of the mortgagees confirming that the pledges were signed and submitted for registration not by the owner.
But our trio pointed to the figure of a “bona fide mortgagee.” They say that if, when issuing a loan, people did not know that they were signing a collateral agreement with a criminal, then it would be nice to receive money from the owner, who has nothing to do with them. As they say, they were brilliant!
Remember this composition, especially since the representatives of the mortgagees took 6 long months to approach him (from the decision of the Moscow City Council on March 22, 2023). At a meeting of the 2KSOYU on 06/01/2023, representatives of the mortgagees withdrew their complaint, allegedly due to the lack of authority of the representative. And a few days later the cassation appeal was filed again, thereby changing the composition of the cassation.
Then the case was “held” for 3 months in the first instance, allegedly due to an error by the courier service. And finally, a week before the meeting, “additions” appeared to the mortgagee’s complaint with formal grounds for canceling the MGU decision. Which our trio used.
“ВЧК ОГПУ”
