Su-152 LLC is the owner of the apartment

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Content: S19-022.docx 14,39 kB

Description

Su-152 LLC is the owner of an apartment with an area of ​​200 square meters on the first floor of a residential building. The owners of the company decided to circumvent the procedure for the transfer of residential premises and non-residential and organized for this trial. For these purposes, LLC Su-152 entered into a contract for the sale and purchase of this dwelling with a buyer LLC Magistrat (which is controlled by LLC Su-152). Su-152 LLC refused to transfer the premises to the buyer and hand over documents for state registration. Bypassing the procedure for transferring premises to non-residential premises, Magistrat LLC appealed to the Arbitration Court with a claim for recognition of the right of ownership of non-residential premises (which is actually residential). The Arbitration Court decided to recognize the ownership of non-residential premises for Magistrat LLC and oblige Rosreestr to register the ownership of non-residential premises for Magistrat LLC.
Question: Can the Rosreestr not execute the court decision, since it is obviously illegal if the Rosreestr does not have documents confirming compliance with the procedure for transferring premises from residential to non-residential?

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