DEAR INVESTORS OF R/C «PATRIOTYKA ON THE LAKES»!
We would like to inform you about the consequences of the annulment of the decision of the Northern Commercial Court of Appeal of 20.08.2019 in case 910/2902/18 of the decision of the Economic Court of Kyiv dated May 27, 2019 on securing a claim, which provided for suspension of the decision of the Kyiv City Council No. 31/6659 of January 31, 2019 on the termination of leases of land plots intended for the construction of R/C "Patriotyka on the Lakes".
Resolution of the Commercial Court of Kyiv dated May 27, 2019 on securing the claim, dated August 20, 2019 canceled the court of appeal, was one of three documents establishing an injunction to terminate the lease of land intended for the construction of the R/C "Patriotyka on the Lakes".
In addition to the above mentioned decree, the Kyiv City Council is prohibited from carrying out actions aimed at termination of land lease agreements:
- Resolution of the Commercial Court of Kyiv dated May 25, 2018 in case No. 910/2902/18 (the said order passed all stages of judicial appeal and cannot be reversed
- the decision of the Economic Court of Kyiv dated 08.02.2019 in the case №910/1424/19 (the said decision has been reviewed by the court of appeal and is still in force).
Thus, the leases of land plots R / C "PATRIOTYKA ON THE LAKES" will remain valid until the final decision of the case on cancellation of the decision of the Kyiv City Council № 3/6659 on January 31, 2019 on termination of land lease agreements with LLC.
Recall that on 02.07.2019 the Economic Court of Kyiv upheld the legal position of the builder and made a decision on invalidation and annulment of the decision of the Kyiv City Council dated 31.01.2019 №3/6659.
Consideration of the appeal of the Kyiv City Council against the said decision is scheduled for 03.10.2019. (preparatory meeting).
It is worth noting that the developer expects to receive a positive decision of the court of appeal in this case, since the Kyiv City Council does not present in the appeal the arguments that would refute the findings of the Economic Court of Kyiv, on the basis of which the court was declared invalid and the decision of the Kyiv City Council of 31.01 was canceled. 2019 №3/6659.