The Economic Court of the Dnipropetrovsk region satisfied the claim of Investohills to Kryptoinvest
29.11.2021 The Economic Court of the Dnipropetrovsk region satisfied the claim of Financial company Investohills Vesta LLC to Kryptoinvest LLC (in case No. 904/4487/20) and claimed from the defendant in favor of the plaintiff real estate that was included in the authorized capital of Kryptoinvest LLC, and before that was doubtfully withdrawn from the bankrupt Ukrainian professional Bank (UPB).
As reported by Investohills group, the Supreme Court confirmed the decision of the DGF on the nullity of the transaction on the sale of non – residential premises in Dnipro by Ukrainian professional Bank (Smagliy D. P.), which was concluded on 28.05.2015-that is, on the day when the NBU declared the UPB insolvent.
According to court materials, payment for real estate should have been made not by the buyer himself, but by Razvitie-2012 LLC. For this purpose, a payment order was issued to transfer funds from the company’s current account opened with the UPB to the account of this bank (we are talking about UAH 3.2 million). However, the nuance is that then the correspondent account of the UPB was only 43.8 thousand UAH. This means that funds for the UPB for the real estate sold by it were not actually received, but the structure of the bank balance was adjusted by changing the accounting of monetary obligations.
At the same time, by entering into the above-mentioned real estate purchase and sale agreement, UPB violated the restrictions established by NBU Board Resolution No. 293/BT of 30.04.2015 (on classifying UPB as problematic), which required the bank to make payments exclusively through a correspondent account with the NBU.
We add that the DGF recognized Smagliy D. P. and Rozvytok-2012 LLC as related persons to the UPB (this structure, by the way, appeared in the criminal proceedings of the SBU regarding dubious operations of the UPB).
Taking into account these circumstances, on 08.12.2020 the Kirovsky District Court of Dnipro by its decision (which on 06.04.2021 the Dnipro Court of Appeal left unchanged) partially satisfied the claim of the Investohills Vesta financial company (which bought the assets of the UPB from the DGF and became the legal successor of the liquidator of the UPB as a plaintiff in this case No. 203/4466/17) and canceled the decision of the state registrar regarding the registration of ownership rights to the disputed real estate by the above-mentioned individual.