February 28 Main results of the day

The Moscow Arbitration Court recognized as lawful the decision of the Rosreestr Office in Moscow to refuse state registration of a third party’s ownership right to an actually non-existent real estate object. The Bureau of Lawyers “De jure” in this case represented the interests of the owners of a property in the very center of Moscow, information about which was illegally “doubled” in the USRN. During the consideration of the dispute, the Bureau of Lawyers “De jure” proved to the court that the non-existent object is not real estate, it is a constructive element of the building belonging to the Principals, and, consequently, a separate cadastral registration of this property and the possibility of fixing the property rights of third parties to it are impossible. The interests of the Principals in court were represented by Nikita Vladimirovich Filippov, Head of MCBA “Bureau of Lawyers “De jure”, and Nikolay Polusitov, senior lawyer of the Tyumen branch of the Bureau also took part in the preparation of the legal position.

The Arbitration Court of the Moscow District annulled the judicial acts of the courts of first and appeal instances on the recovery from the Principal of the Bureau of Lawyers “De jure” damages in the total amount of more than 20 million rubles caused as a result of early termination of the lease agreement on the initiative of the landlord.  The District Court recognized the arguments of the cassation appeal as justified and agreed with the Bureau’s position on the improper investigation of the factual circumstances of the legal relationship between the parties by the courts of lower instances, their ignoring of evidence that obviously confirms the Plaintiff’s bad faith and the unlawful nature of the claims made by him. The interests of the Principals in court were represented by Nikita Vladimirovich Filippov, Head of MCBA “Bureau of Lawyers “De jure”, and Ivan Bychkov, Head of the Tyumen branch of the Bureau, also took part in the preparation of the legal position.