922/3537/17 (paragraphs 38-39, 57), of April 1, 2020 in case No. 610/1030/18 (paragraphs 46.1-46.2), as well as the conclusion that a person who knew or could have known about a violation of the procedure for selling property or knew or could have known about the acquisition of property by him contrary to the law cannot be considered good faith (see, in particular, the resolutions of June 22, 2021 in case No. 200/606/18 (paragraph 61), dated November 23, 2021 in case No. 359/3373/16-ts (paragraph 211), dated July 6, 2022 in case No. 914/2618/16 (paragraph 55), dated September 21, 2022 in case No. 908/976/19 (paragraph 5.66)).
Therefore, if real estate is acquired by a bona fide person, that is, one who did not special database know and could not have known about the existence of encumbrances on real rights to this property or about the presence of real rights of third parties to it, he or she may rely on the information in the State Register of Real Rights to Real Estate . In the absence of information in this register about the rights of other persons to real estate or their encumbrances and the absence of data that the acquirer of the property knew or could have known about the existence of such rights or encumbrances.
this acquirer, relying in good faith on the information in the specified register, , free from unregistered rights of other persons and encumbrances (see similar conclusions in the resolutions of the Grand Chamber of the Supreme Court of October 23, 2019 in case No. 922/3537/17 (paragraph 38), of June 15, 2021 in case No. 922/2416/17 (paragraphs 7.15, 7.16), of November 2, 2021 in case No. 925/1351/19 (paragraph 6.46), of July 6, 2022 in case No. 914/2618/16 (paragraph 54)).
The Grand Chamber of the Supreme Court draws attention to the fact that the acquisition of property at a public auction is not a guarantee of the good faith of the purchaser . Therefore, the question of the good faith or bad faith of the purchaser who acquired property at an auction should be assessed in each specific case separately.
Acquires the relevant right to real estate
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