Multi Veste Ukraine 1 - dispute regarding the ownership of the land plot
Company’s attorneys represented the interests of “Multi Veste Ukraine 1” in a dispute with the prosecutor on declaring invalid the sale-purchase agreements of the land plot and declaring invalid state acts on the ownership of the land plot. The dispute was concerning declaring invalid agreements on purchase-sale of land plot, which (before sale) was a communal property, in connection with the declaring invalid juridically the decision of the local council about the sale of the land plot.
The courts of first, appeal and cassation instances agreed with the legal position of “Multi Veste Ukraine 1”.
The Local Commercial Court dismissed the prosecutor's claim in full. The Court found no reasons provided by law for declaring invalid the sale-purchase agreements of the land plot and state certificates on land. The court also pointed out that a person cannot be deprived of the ownership title on the land plot merely on the ground that the decision of the local council on sale of the land plot was made with violation of the procedure set by the law and deemed invalid by a court.
While appellate reviewing of the decision of the Local Commercial Court the Appellate Court stated the legality and justification of the decision of the Local Commercial Court and upheld the decision of the Local Commercial Court.
The Superior Commercial Court of Ukraine agreed with the conclusions of the Local Commercial Court and the Appellate Court. The Court pointed out that the Local Commercial Court and the Appellate Court correctly applied the law and the allegations of the prosecutor do not refute the legitimacy of the court decisions made in the case.
“Multi Veste Ukraine 1” – is a subsidiary of Multi Corporation, a leading owner, manager and (re)developer of shopping centres in Europe and Turkey.
Multi Corporation, is a leading owner, manager and (re)developer of high quality shopping centres across the whole Europe and Turkey. As a well-capitalised, growth-oriented, retail platform, Multi is focused on creating, managing and improving sustainable rental income. Multi’s projects are often the catalyst for economic growth and social regeneration of cities and regions. As of January 2015 Multi owns and/or manages 82 shopping centres.