Judicial act: Resolution of the Arbitration Court of the North-Western District of October 11, 2021 in case No. А42-16/2020
Court's findings:
1. AS SZO (cassation) supported the conclusions of the courts of first instance and appellate instance, which dismissed the claim: the cassation claims of the applicants were left unsatisfied.
2. The land plot, the right to lease of which is the subject of assignment under the disputed transaction, belongs to the category of reserve land, neither the standard nor the cadastral value has been established for it, and the possibility of its use in accordance with the purpose specified in the Agreement has not been confirmed by evidence.
3. The forensic examination correctly established that the plot in question, due to its assignment to the lands of the reserve, does not have the market value of the right to lease.
4. The courts also established that the disputed transaction was for compensation for the assignor, under the terms of the assignment agreement, the assignor was to be paid an amount of 3,000,000 rubles, which does not contradict the interests of its shareholders.
5. There are no grounds for recognizing the disputed contract as a transaction concluded on conditions that are obviously unfavorable for Nemesis JSC, which caused damage to it.
Comment:
1. Unlike lands of other categories, reserve lands are lands whose main purpose has not yet been determined and which have not been provided to citizens and legal entities.
2. The use of reserve lands is allowed after their transfer to another category, except for cases where reserve lands are included in the boundaries of hunting grounds, cases of work related to the use of subsoil on such lands, and other cases provided for by federal laws (paragraph 2 of Art. 103 of the Land Code of the Russian Federation).
3. To confirm the fact of causing damage to the participants of the joint-stock company, it was necessary that the site be transferred to lands of other categories, including industrial lands, which would allow both the possibility of its actual use and the implementation of activities on it for the construction and operation of some or objects.
Please note that in 2020 the law firm Vetrov & Partners was marked by the industry rating of law firms Pravo.ru-300 in the nominations Arbitration Proceedings, Dispute Resolution in Courts of General Jurisdiction and is one of the regional companies throughout Russia in these nominations.
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