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Ilyashev & Partners Successfully Represents Manufacturing Company in Land Use Dispute

04/ 07/ 2024
  Ilyashev & Partners Law Firm successfully represented the interests of Sunward Kyiv LLC in a legal dispute with Transelektromontazhbud LLC regarding the invalidation and cancellation of the Kyiv City Council decision regarding recognition of the title to the 2.8 hectares of land leased in the Darnytskyi district of Kyiv. Transelektromontazhbud filed a lawsuit against Kyiv City Council in 2020 to invalidate and cancel the termination decision on the lease agreement, as well as to recognize Transelektromontazhbud’s title to register the lease for the nonresidential, workshop, and storage buildings within its limits. The disputed land plot is the location of Sunward Kyivs plant for producing metal structures, roofing materials, and grain storage. Sunward Kyiv could lose access and use of its own real estate if Transelektromontazhbuds claims were satisfied, and another party could utilize the land within the clients real estate. To protect the clients interests, Ilyashev & Partners Real Estate & Construction team demonstrated to the court that the land title cannot be transferred for the purpose of acquiring part of the real estate properties located on it without assigning and specifying its cadastral number in the contract as well as division and formation of the land plot according to the legal procedure. The firms attorneys prevented termination of Sunward Kyivs legitimate business and provided irrefutable proof that the client had legally acquired title to the real estate within the land plot. The case has been pending in courts since 2020, and the Supreme Court has already considered it twice. In May 2023, the Commercial Cassation Court within the Supreme Court granted Ilyashev & Partners appeal and sent the case back to first instance for a new trial. During a new trial, on 26 June 2024, the Northern Commercial Court of Appeal accepted well-founded legal opinion of Ilyashev & Partners attorneys once again and upheld the decision of the court of first instance, whereby the opponents claim was recognized as groundless and unfounded, and legal costs were awarded in favor of the client. The case was handled by Dmytro Hrybov, Counsel and Real Estate & Construction Head of Ilyashev & Partners, and Dmytro Hruba, Attorney at Law.

Ilyashev & Partners Law Firm successfully represented the interests of Sunward Kyiv LLC in a legal dispute with Transelektromontazhbud LLC regarding the invalidation and cancellation of the Kyiv City Council decision regarding recognition of the title to the 2.8 hectares of land leased in the Darnytskyi district of Kyiv.

Transelektromontazhbud filed a lawsuit against Kyiv City Council in 2020 to invalidate and cancel the termination decision on the lease agreement, as well as to recognize Transelektromontazhbud’s title to register the lease for the nonresidential, workshop, and storage buildings within its limits.

The disputed land plot is the location of Sunward Kyiv’s plant for producing metal structures, roofing materials, and grain storage. Sunward Kyiv could lose access and use of its own real estate if Transelektromontazhbud’s claims were satisfied, and another party could utilize the land within the client’s real estate.

To protect the client’s interests, Ilyashev & Partners’ Real Estate & Construction team demonstrated to the court that the land title cannot be transferred for the purpose of acquiring part of the real estate properties located on it without assigning and specifying its cadastral number in the contract as well as division and formation of the land plot according to the legal procedure. The firm’s attorneys prevented termination of Sunward Kyiv’s legitimate business and provided irrefutable proof that the client had legally acquired title to the real estate within the land plot.

The case has been pending in courts since 2020, and the Supreme Court has already considered it twice. In May 2023, the Commercial Cassation Court within the Supreme Court granted Ilyashev & Partners’ appeal and sent the case back to first instance for a new trial.

During a new trial, on 26 June 2024, the Northern Commercial Court of Appeal accepted well-founded legal opinion of Ilyashev & Partners’ attorneys once again and upheld the decision of the court of first instance, whereby the opponents’ claim was recognized as groundless and unfounded, and legal costs were awarded in favor of the client.

The case was handled by Dmytro Hrybov, Counsel and Real Estate & Construction Head of Ilyashev & Partners, and Dmytro Hruba, Attorney at Law.

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