The agreement on the extension of the land lease agreement was declared void, and the right to use the plot away.
Thanks to the principled position of the Prosecutor of Kyiv, the courts of first and second instance recognized the legitimate demands of the Prosecutor regarding the lack of a private company of the right of superficies land area of approximately 2.4 thousand square meters and worth more than 15 mln. located in Solomenskiy area near Batu mountain.
The Prosecutor’s office established that in March 2016 the city Council and a private entity entered into an agreement on the extension of the lease of land allotted to the company in 2007 to construct an office and residential complex.
However, it turned out that the company has not used the site for 9 years, accordingly, she did not have the right to extend the lease.
Furthermore, according to planning documentation, city Council decision, the site was assigned to the territory of green plantations of common use, so the extension of the land lease agreement involving construction, not in the interests of the territorial community of Kiev.
The decision of economic court of Kiev upheld the ruling of the Kyiv economic court of appeal, the claim of the Metropolitan Prosecutor’s office was satisfied, the agreement on the extension of the land lease agreement was declared void, and the right to use the plot away.
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