Background

An association filed a case against a defendant and requested the court to dismiss the contract and order the defendant to vacate a disputed real estate.

The court ruled the mentioned contract should be dismissed and the defendant should vacate the disputed real estate.

The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The defendant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law and that the disputed contract was an investment contract that permitted the defendant to exploit the licence received by the association and so the contract was illegal.

The court said that this argument was invalid because the defendant did not maintain this defence before the elementary court and the court of appeal.

The court dismissed the appeal.