September 4 Main results of the day

The Arbitration Court of Moscow resolved the dispute in favor of the Principal of the Bureau of Lawyers “De jure” on the dispute on the recognition of the lease agreement as invalid.

The dispute arose due to the fact that the Opponent and the Principal own premises in a building located on a plot of land, which in turn belongs to the authorities. Since the land plot is indivisible, the owners of the premises in the building are obliged to conclude a lease agreement for the land plot under which the building is located.

The Opponent had a lease agreement with the Department of City Property of the City of Moscow; however, after the Principal acquired the premises, the Department sent a new lease agreement, which assumes multiple tenants. At the same time, the Department proposed that the Opponent sign an agreement to terminate the old lease agreement, since it was concluded between the Department of Civil Property and the Opponent exclusively.

The Opponent considered that the new lease agreement was invalid, since two lease agreements could not be concluded simultaneously in relation to the same plot of land.

Ruslan Katana, lawyer of the practice of economic disputes, managed to convince the court that the arguments of the Opponent was unfounded, since if the new lease agreement with multiple persons on the tenants’ side  is declared invalid, the rights of the Principal will be violated.

As a result, the court agreed with Ruslan’s position and dismissed the claim.